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This is a Bill, not an Act. For current law, see the Acts databases.


AGED CARE AMENDMENT BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Aged Care Amendment Bill 2011
No. , 2011
(Health and Ageing)
A Bill for an Act to amend the Aged Care Act 1997,
and for other purposes
i Aged Care Amendment Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Permitted use of accommodation bonds
3
Part 1--Amendments
3
Aged Care Act 1997
3
Part 2--Transitional and application provisions
10
Schedule 2--Complaints Principles
13
Part 1--Amendments
13
Aged Care Act 1997
13
Part 2--Saving and transitional provisions
16
Schedule 3--Spent legislation
17
Part 1--Amendments
17
Aged Care Act 1997
17
Health Insurance Act 1973
18
National Health Act 1953
19
Part 2--Repeal of Acts
23
Aged or Disabled Persons Care Act 1954
23
Nursing Home Charge (Imposition) Act 1994
23
Part 3--Repeal of Acts: saving provision
24
Aged Care Amendment Bill 2011 No. , 2011 1
A Bill for an Act to amend the Aged Care Act 1997,
1
and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Aged Care Amendment Act 2011.
5
2 Commencement
6
(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
2 Aged Care Amendment Bill 2011 No. , 2011
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
1 October 2011.
1 October 2011
3. Schedule 2
1 September 2011.
1 September
2011
4. Schedule 3
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Permitted use of accommodation bonds Schedule 1
Amendments Part 1
Aged Care Amendment Bill 2011 No. , 2011 3
Schedule 1--Permitted use of accommodation
1
bonds
2
Part 1--Amendments
3
Aged Care Act 1997
4
1 After section 9-3A
5
Insert:
6
9-3B Obligation to give information about ability to refund
7
accommodation bond balances
8
(1) This section applies if the Secretary believes, on reasonable
9
grounds, that an approved provider:
10
(a) has not refunded, or is unable or unlikely to be able to refund,
11
an
*
accommodation bond balance as required by
12
section 57-21; or
13
(b) is experiencing financial difficulties; or
14
(c) has used an
*
accommodation bond for a use that is not
15
*
permitted.
16
(2) The Secretary may request the approved provider to give the
17
Secretary information specified in the request relating to any of the
18
following:
19
(a) the approved provider's suitability to be a provider of
*
aged
20
care (see section 8-3);
21
(b) the approved provider's financial situation;
22
(c) the amount of one or more
*
accommodation bond balances at
23
a particular time;
24
(d)
how
*
accommodation bonds have been used by the approved
25
provider;
26
(e) the approved provider's policies and procedures relating to
27
managing, monitoring and controlling the use of
28
accommodation bonds;
29
(f) the roles and responsibilities of
*
key personnel in relation to
30
managing, monitoring and controlling the use of
31
accommodation bonds.
32
The request must be in writing.
33
Schedule 1 Permitted use of accommodation bonds
Part 1 Amendments
4 Aged Care Amendment Bill 2011 No. , 2011
(3) The Secretary may request the approved provider to give the
1
specified information on a periodic basis.
2
(4) The approved provider must comply with the request:
3
(a) within 28 days after the request was made, or within such
4
shorter period as is specified in the request; or
5
(b) if the information is to be given on a periodic basis--before
6
the time or times worked out in accordance with the request.
7
Note:
Approved providers have a responsibility under Part 4.3 to comply
8
with this obligation. Failure to comply with a responsibility can result
9
in a sanction being imposed under Part 4.4.
10
(5) An approved provider commits an offence if:
11
(a) the Secretary requests the approved provider to give
12
information under subsection (2); and
13
(b) the approved provider is required under subsection (4) to
14
comply with the request within a period or before a particular
15
time; and
16
(c) the approved provider fails to comply with the request within
17
the period or before the time; and
18
(d) the approved provider is a
*
corporation.
19
Penalty: 30 penalty units.
20
(6) The request must contain a statement setting out the effect of
21
subsections (4) and (5).
22
2 Paragraphs 57-2(1)(k) and (ka)
23
Repeal the paragraphs, substitute:
24
(k) the approved provider must not use the accommodation bond
25
unless the use of the bond is
*
permitted (see section 57-17A);
26
Note:
For the use of bonds charged before 1 October 2011, see Part 2
27
of Schedule 1 to the Aged Care Amendment Act 2011.
28
3 Before paragraph 57-2(1)(l)
29
Insert:
30
(ka) the approved provider must comply with the prudential
31
requirements (see section 57-3);
32
4 Paragraphs 57-2(1)(n) and (na)
33
Repeal the paragraphs.
34
Permitted use of accommodation bonds Schedule 1
Amendments Part 1
Aged Care Amendment Bill 2011 No. , 2011 5
5 After Subdivision 57-E
1
Insert:
2
Subdivision 57-EA--Permitted use of accommodation bonds
3
57-17A Permitted use of accommodation bonds
4
Permitted use--general
5
(1) A use of an
*
accommodation bond by an approved provider is
6
permitted if the bond is:
7
(a)
used
for
*
capital expenditure (see subsection (2)); or
8
(b) invested in a financial product covered by subsection (3); or
9
(c) used to make a loan in relation to which the following
10
conditions are satisfied:
11
(i) the loan is not made to an individual;
12
(ii) the loan is made on a commercial basis;
13
(iii) there is a written agreement in relation to the loan;
14
(iv) it is a condition of the agreement that the money loaned
15
will only be used as mentioned in paragraph (a) or (b);
16
(v) the agreement includes any other conditions specified in
17
the User Rights Principles; or
18
(d) used to refund
*
accommodation bond balances or
*
entry
19
contribution balances; or
20
(e) used to repay debt accrued for the purposes of capital
21
expenditure or refunding accommodation bond balances; or
22
(f) used to repay debt that is accrued before the commencement
23
of this section, if the debt is accrued for the purposes of
24
providing
*
aged care to care recipients; or
25
(g) used as permitted by the User Rights Principles.
26
Note 1:
An approved provider, and the approved provider's key personnel,
27
may commit an offence if the approved provider uses an
28
accommodation bond otherwise than for a permitted use (see
29
section 57-17B).
30
Note 2:
This section commences on 1 October 2011 (see paragraph (f) of this
31
subsection and section 2 of the Aged Care Amendment Act 2011).
32
Schedule 1 Permitted use of accommodation bonds
Part 1 Amendments
6 Aged Care Amendment Bill 2011 No. , 2011
Permitted use--capital expenditure
1
(2) For the purposes of subsection (1), the following expenditure is
2
capital expenditure if it is reasonable in the circumstances:
3
(a) expenditure to acquire land on which are, or are to be built,
4
the premises needed for providing residential care or flexible
5
care;
6
(b) expenditure to acquire, erect, extend or significantly alter
7
premises used or proposed to be used for providing
8
residential care or flexible care;
9
(c) expenditure to acquire or install furniture, fittings or
10
equipment for premises used or proposed to be used for
11
providing residential care or flexible care, when those
12
premises are initially erected or following an extension, a
13
significant alteration or a significant refurbishment;
14
(d) expenditure that is directly attributable to doing a thing
15
mentioned in paragraph (a), (b) or (c);
16
(e) expenditure specified in the User Rights Principles.
17
Example: Repairs to, or maintenance of, premises (such as painting, plumbing,
18
electrical work or gardening) would not constitute a significant
19
alteration for the purposes of this subsection.
20
Permitted use--financial products
21
(3) For the purposes of subsection (1), the following (within the
22
meaning of section 764A of the Corporations Act 2001) are
23
financial products covered by this subsection:
24
(a) any deposit-taking facility made available by an ADI in the
25
course of its banking business (within the meaning of the
26
Banking Act 1959), other than an RSA within the meaning of
27
the Retirement Savings Accounts Act 1997;
28
Note 1: ADI is short for authorised deposit-taking institution.
29
Note 2: RSA is short for retirement savings account.
30
(b) a debenture, stock or bond issued or proposed to be issued by
31
the Commonwealth, a State or a Territory;
32
(c) a security, other than a security of a kind specified in the
33
User Rights Principles;
34
(d) any of the following in relation to a registered scheme:
35
(i) an interest in the scheme;
36
Permitted use of accommodation bonds Schedule 1
Amendments Part 1
Aged Care Amendment Bill 2011 No. , 2011 7
(ii) a legal or equitable right or interest in an interest
1
covered by subparagraph (i);
2
(iii) an option to acquire, by way of issue, an interest or right
3
covered by subparagraph (i) or (ii);
4
(e) a financial product specified in the User Rights Principles.
5
Permitted uses specified in User Rights Principles
6
(4) Without limiting paragraph (1)(g), the User Rights Principles may
7
specify that a use of an
*
accommodation bond is only permitted for
8
the purposes of that paragraph if:
9
(a) specified circumstances apply; or
10
(b) the approved provider complies with conditions specified in,
11
or imposed in accordance with, the User Rights Principles.
12
Note:
For paragraph (4)(a), the User Rights Principles might, for example,
13
specify that the use of an accommodation bond is only permitted if the
14
approved provider obtains the prior consent of the Secretary to the use
15
of the bond.
16
57-17B Offences relating to non-permitted use of accommodation
17
bonds
18
Offence for approved provider
19
(1)
A
*
corporation commits an offence if:
20
(a) the corporation is or has been an approved provider; and
21
(b) the corporation uses an
*
accommodation bond; and
22
(c) the use of the accommodation bond is not
*
permitted; and
23
(d) both of the following apply at a particular time during the
24
period of 2 years after the use of the bond:
25
(i) an insolvency event (within the meaning of the Aged
26
Care (Bond Security) Act 2006) has occurred in relation
27
to the corporation;
28
(ii) there has been at least one outstanding bond balance
29
(within the meaning of that Act) of the corporation.
30
Penalty: 300 penalty units.
31
Note:
The Secretary must make a default event declaration under the Aged
32
Care (Bond Security) Act 2006 in relation to the corporation if
33
paragraph (d) of this subsection applies (see section 10 of that Act).
34
Schedule 1 Permitted use of accommodation bonds
Part 1 Amendments
8 Aged Care Amendment Bill 2011 No. , 2011
Offence for key personnel
1
(2) An individual commits an offence if:
2
(a) the individual is one of the
*
key personnel of an entity that is
3
or has been an approved provider; and
4
(b) the entity uses an
*
accommodation bond; and
5
(c) the use of the accommodation bond is not
*
permitted; and
6
(d) the individual knew that, or was reckless or negligent as to
7
whether:
8
(i) the bond would be used; and
9
(ii) the use of the bond was not permitted; and
10
(e) the individual was in a position to influence the conduct of
11
the entity in relation to the use of the bond; and
12
(f) the individual failed to take all reasonable steps to prevent
13
the use of the bond; and
14
(g) both of the following apply at a particular time during the
15
period of 2 years after the use of the bond:
16
(i) an insolvency event (within the meaning of the Aged
17
Care (Bond Security) Act 2006) has occurred in relation
18
to the entity;
19
(ii) there has been at least one outstanding bond balance
20
(within the meaning of that Act) of the entity; and
21
(h) at the time the bond was used, the entity was a
*
corporation.
22
Penalty: Imprisonment for 2 years.
23
Strict liability
24
(3) Strict liability applies to paragraphs (1)(d) and (2)(g) and (h).
25
Note:
For strict liability, see section 6.1 of the Criminal Code.
26
6 Paragraph 57A-2(1)(l)
27
Repeal the paragraph.
28
7 Paragraph 63-1(1)(c)
29
Omit "and 9-3A(2)", substitute ", 9-3A(2) and 9-3B(4)".
30
8 Clause 1 of Schedule 1
31
Insert:
32
Permitted use of accommodation bonds Schedule 1
Amendments Part 1
Aged Care Amendment Bill 2011 No. , 2011 9
capital expenditure has the meaning given by subsection
1
57-17A(2).
2
9 Clause 1 of Schedule 1
3
Insert:
4
permitted: for when the use of an
*
accommodation bond is
5
permitted, see section 57-17A.
6
7
Schedule 1 Permitted use of accommodation bonds
Part 2 Transitional and application provisions
10 Aged Care Amendment Bill 2011 No. , 2011
Part 2--Transitional and application provisions
1
10 Interpretation
2
A term used in this Part of this Schedule has the same meaning as in the
3
Aged Care Act 1997.
4
11 Transitional--general
5
Use of accommodation bonds charged before commencement
6
(1)
Despite section 57-2 (basic rules about accommodation bonds) of the
7
Aged Care Act 1997, as amended by item 2 of this Schedule, an
8
approved provider must not use an accommodation bond that is charged
9
before the commencement of this Schedule other than:
10
(a) in the case of a bond charged for entry to a residential care
11
service--for a purpose related to providing aged care to care
12
recipients; or
13
(b) in the case of a bond charged for entry to a flexible care
14
service--for a purpose related to providing flexible care to
15
care recipients; or
16
(c) in any case--for a use of the bond permitted within the
17
meaning of section 57-17A of that Act (as amended by item 5
18
of this Schedule).
19
Note 1: This Schedule commences on 1 October 2011 (see section 2 of this Act).
20
Note 2: For the use of accommodation bonds charged on or after commencement, see item 12 of
21
this Schedule.
22
Use of income derived from accommodation bonds or retention
23
amounts
24
(2)
The amendment of the Aged Care Act 1997 by item 4 of this Schedule
25
applies to income derived from an accommodation bond, or a retention
26
amount, irrespective of whether the bond was charged, or the retention
27
amount received, before, on or after the commencement of this
28
Schedule.
29
Note:
Item 4 of this Schedule amends the Aged Care Act 1997 to remove restrictions on the
30
use of income received from accommodation bonds and retention amounts.
31
Use of income derived from accommodation charges
32
(3)
The amendment of the Aged Care Act 1997 by item 6 of this Schedule
33
applies to the payment of an accommodation charge irrespective of
34
Permitted use of accommodation bonds Schedule 1
Transitional and application provisions Part 2
Aged Care Amendment Bill 2011 No. , 2011 11
whether the payment was received before, on or after the
1
commencement of this Schedule.
2
Note:
Item 6 of this Schedule amends the Aged Care Act 1997 to remove restrictions on the
3
use of accommodation charges.
4
12 Application--use of accommodation bonds charged after
5
commencement
6
Application of new rule
7
(1)
The amendment of the Aged Care Act 1997 by item 2 of this Schedule
8
applies to accommodation bonds charged on or after the
9
commencement of this Schedule.
10
Note 1: This Schedule commences on 1 October 2011 (see section 2 of this Act).
11
Note 2: Item 2 of this Schedule amends the Aged Care Act 1997 to require accommodation
12
bonds to be used only as permitted within the meaning of section 57-17A of that Act.
13
Use of accommodation bonds within 2 years after
14
commencement
15
(2)
However, subitems (3) and (4) apply if:
16
(a) an accommodation bond is charged by an approved provider
17
on or after the commencement of this Schedule; and
18
(b) the bond is used by the approved provider during the period
19
of 2 years starting at the commencement of this Schedule;
20
and
21
(c) the bond is used for a purpose relating to providing:
22
(i) in the case of a bond charged for the entry of a care
23
recipient to a residential care service--residential care;
24
or
25
(ii) in the case of a bond charged for the entry of a care
26
recipient to a flexible care service--flexible care; and
27
(d) the approved provider complies with any requirement of the
28
User Rights Principles imposed for the purposes of this
29
paragraph.
30
(3)
Subsections 57-17B(1) and (2) of the Aged Care Act 1997 (offences
31
relating to non-permitted use of accommodation bonds), as inserted by
32
item 5 of this Schedule, do not apply in relation to the use of the
33
accommodation bond by the approved provider.
34
Note:
A defendant bears an evidential burden in relation to the matters in this subitem (see
35
subsection 13.3(3) of the Criminal Code).
36
Schedule 1 Permitted use of accommodation bonds
Part 2 Transitional and application provisions
12 Aged Care Amendment Bill 2011 No. , 2011
(4)
For the purposes of Part 4.4 of the Aged Care Act 1997 (consequences
1
of non-compliance), the approved provider is taken to have complied
2
with the provider's responsibilities under Part 4.2 of that Act (user
3
rights) in relation to the use of the bond (despite paragraph 57-2(1)(k) of
4
that Act (use of bond must be permitted), as substituted by item 2 of this
5
Schedule).
6
7
Complaints Principles Schedule 2
Amendments Part 1
Aged Care Amendment Bill 2011 No. , 2011 13
Schedule 2--Complaints Principles
1
Part 1--Amendments
2
Aged Care Act 1997
3
1 Paragraph 56-4(1)(e)
4
Omit "Investigation Principles", substitute "Complaints Principles".
5
2 Paragraph 84-1(e)
6
Repeal the paragraph, substitute:
7
(e)
the management and resolution of complaints and
8
other concerns about the provision of aged care
9
services (see Part 6.4A);
10
3 Paragraph 84-1(g)
11
Omit "investigations", substitute "the management and resolution of
12
complaints and other concerns about the provision of aged care
13
services".
14
4 Part 6.4A (heading)
15
Repeal the heading, substitute:
16
Part 6.4A--Complaints
17
5 Division 94A (heading)
18
Repeal the heading, substitute:
19
Division 94A--Complaints Principles
20
6 Subsections 94A-1(1), (2) and (3)
21
Repeal the subsections, substitute:
22
Management and resolution of complaints and concerns
23
(1) The Complaints Principles may provide a scheme for the
24
management and resolution of complaints and other concerns about
25
Schedule 2 Complaints Principles
Part 1 Amendments
14 Aged Care Amendment Bill 2011 No. , 2011
*
aged care services through which
*
aged care is provided by
1
approved providers.
2
Note:
The Complaints Principles are made by the Minister under
3
section 96-1.
4
(2) Without limiting subsection (1), the Complaints Principles may
5
deal with one or more of the following matters:
6
(a) how complaints and concerns may be received, managed and
7
resolved;
8
(b) different ways of receiving, managing and resolving different
9
types of complaints and concerns, and complaints and
10
concerns in relation to different
*
aged care services;
11
(c) the roles, rights and responsibilities of complainants,
12
approved providers and other participants in the scheme;
13
(d) considerations relevant to making decisions under the
14
Complaints Principles;
15
(e) procedures for the review of decisions and processes under
16
the Complaints Principles;
17
(f) actions that may be taken (including making requirements of
18
an approved provider) to address complaints or concerns.
19
Note:
Part 6.6 also provides for the Complaints Principles to do certain
20
things.
21
Transitional provisions relating to investigations
22
(3) The Complaints Principles may make provision of a transitional or
23
saving nature relating to investigations that:
24
(a) related to this Act or the Principles made under section 96-1;
25
and
26
(b) were being dealt with under the Investigation Principles
27
immediately before the commencement of this subsection.
28
Note:
The heading to section 94A-1 is replaced by the heading "Complaints Principles".
29
7 Subsection 94A-1(4)
30
Omit "Investigation Principles", substitute "Complaints Principles".
31
8 Paragraph 95A-1(2)(a)
32
Omit "by the Secretary under the Investigation Principles", substitute
33
"under the Complaints Principles".
34
Complaints Principles Schedule 2
Amendments Part 1
Aged Care Amendment Bill 2011 No. , 2011 15
9 Paragraphs 95A-1(2)(b) and (c)
1
Omit "Secretary's processes for handling matters under the
2
Investigation Principles", substitute "processes for handling matters
3
under the Complaints Principles".
4
10 Paragraph 95A-1(2)(g)
5
Omit "Investigation Principles", substitute "Complaints Principles".
6
11 Subsections 95A-4(1) and (2)
7
Omit "Investigation Principles", substitute "Complaints Principles".
8
12 Paragraph 95A-12(2)(a)
9
Omit "by the Secretary under the Investigation Principles", substitute
10
"under the Complaints Principles".
11
13 Subparagraph 95A-12(2)(b)(i)
12
Repeal the subparagraph, substitute:
13
(i) the processes for handling matters under the Complaints
14
Principles;
15
14 Paragraph 95A-12(2)(k)
16
Omit "Investigation Principles", substitute "Complaints Principles".
17
15 Subsection 96-1(1)
18
Omit "(1)".
19
16 Subsection 96-1(1)
20
After "The Minister may", insert ", by legislative instrument,".
21
17 Subsection 96-1(1) (after table item 13)
22
Insert:
23
13A
Complaints Principles
Parts 6.4A and 6.6
18 Subsection 96-1(1) (table item 16A)
24
Repeal the item.
25
19 Subsection 96-1(2)
26
Repeal the subsection.
27
Schedule 2 Complaints Principles
Part 2 Saving and transitional provisions
16 Aged Care Amendment Bill 2011 No. , 2011
Part 2--Saving and transitional provisions
1
20 Saving--complaints resolution mechanisms
2
Despite the amendments made by Part 1 of this Schedule, the Aged
3
Care Act 1997, as in force immediately before the commencement of
4
this Schedule, continues to apply in relation to compliance, under
5
paragraph 56-4(1)(e), with a requirement made of an approved provider
6
under the Investigation Principles before that commencement.
7
Note:
This Schedule commences on 1 September 2011 (see section 2 of this Act).
8
21 Transitional--Aged Care Commissioner annual reports
9
(1)
Section 95A-12 of the Aged Care Act 1997 continues to apply, as in
10
force immediately before the commencement of this Schedule, in
11
relation to the Aged Care Commissioner's annual report for the
12
financial year ending on 30 June 2011.
13
Note:
This Schedule commences on 1 September 2011 (see section 2 of this Act).
14
(2)
Section 95A-12 of the Aged Care Act 1997 applies in relation to the
15
Aged Care Commissioner's annual report for the financial year ending
16
on 30 June 2012 as if paragraph 95A-12(2)(a), subparagraph
17
95A-12(2)(b)(i) and paragraph 95A-12(2)(k) of that Act applied in
18
relation to both:
19
(a) the Investigation Principles, to the extent that they continued
20
in force during that financial year (and before the
21
commencement of this Schedule); and
22
(b) the Complaints Principles.
23
(3)
In this item:
24
Aged Care Commissioner's annual report means the report the Aged
25
Care Commissioner is required to prepare and give to the Minister
26
under section 95A-12 of the Aged Care Act 1997 on the
27
Commissioner's operations during each financial year.
28
29
Spent legislation Schedule 3
Amendments Part 1
Aged Care Amendment Bill 2011 No. , 2011 17
Schedule 3--Spent legislation
1
Part 1--Amendments
2
Aged Care Act 1997
3
1 Subparagraph 16-2(3)(g)(iii)
4
Omit "paid; or", substitute "paid;".
5
2 Subparagraph 16-2(3)(g)(iv)
6
Repeal the subparagraph.
7
3 Paragraph 16-9(2)(g)
8
Repeal the paragraph.
9
4 Subparagraph 32-4(1)(d)(ii)
10
Repeal the subparagraph, substitute:
11
(ii) the service meets its
*
accreditation requirement (see
12
section 42-4); and
13
5 Section 38-1 (note 1)
14
Repeal the note.
15
6 Section 38-1 (note 2)
16
Omit "Note 2", substitute "Note".
17
7 Subsection 42-4(1)
18
Omit "(1)".
19
8 Subsection 42-4(1)
20
Omit "On or after the
*
accreditation day, a residential care service",
21
substitute "A residential care service".
22
9 Subsections 42-4(2) to (6)
23
Repeal the subsections.
24
10 Paragraph 43-1(3)(c)
25
Repeal the paragraph.
26
Schedule 3 Spent legislation
Part 1 Amendments
18 Aged Care Amendment Bill 2011 No. , 2011
11 Subsection 43-6(5) (paragraphs (b) to (f) of the definition
1
of capital payment)
2
Repeal the paragraphs.
3
12 Section 43-7
4
Repeal the section.
5
13 Paragraph 54-1(1)(d)
6
Omit "after the
*
accreditation day".
7
14 Paragraph 54-1(1)(e)
8
Repeal the paragraph.
9
15 Subsection 54-2(1)
10
Omit "on and after the
*
accreditation day".
11
16 Section 54-3
12
Repeal the section.
13
17 Clause 1 of Schedule 1 (definition of accreditation day)
14
Repeal the definition.
15
Health Insurance Act 1973
16
18 Subparagraph 16A(5AA)(d)(v)
17
Repeal the subparagraph, substitute:
18
(v) a residential care service within the meaning of the Aged
19
Care Act 1997, or other institution, in which the person
20
is receiving care; or
21
19 Subparagraph 16A(5AA)(e)(ii)
22
Repeal the subparagraph, substitute:
23
(ii) a member of the staff of a residential care service within
24
the meaning of the Aged Care Act 1997, or other
25
institution, in which the person is receiving care.
26
Spent legislation Schedule 3
Amendments Part 1
Aged Care Amendment Bill 2011 No. , 2011 19
National Health Act 1953
1
20 Subsection 4(1) (definition of adjusted fee government
2
nursing home)
3
Repeal the definition.
4
21 Subsection 4(1) (definition of approved)
5
Repeal the definition.
6
22 Subsection 4(1) (definition of approved nursing home
7
patient)
8
Repeal the definition.
9
23 Subsection 4(1) (definition of classified patient)
10
Repeal the definition.
11
24 Subsection 4(1) (definition of Government nursing home)
12
Repeal the definition.
13
25 Subsection 4(1) (definition of nursing home)
14
Repeal the definition.
15
26 Subsection 4(1) (definition of nursing home adviser)
16
Repeal the definition.
17
27 Subsection 4(1) (definition of nursing home care)
18
Repeal the definition.
19
28 Subsection 4(1) (definition of nursing home for disabled
20
people)
21
Repeal the definition.
22
29 Subsection 4(1) (definition of official appointee)
23
Repeal the definition.
24
30 Subsection 4(1) (definition of proprietor)
25
Repeal the definition.
26
Schedule 3 Spent legislation
Part 1 Amendments
20 Aged Care Amendment Bill 2011 No. , 2011
31 Subsection 4(1) (definition of qualified nursing home
1
patient)
2
Repeal the definition.
3
32 Subsection 4(1) (definition of Repatriation nursing home
4
patient)
5
Repeal the definition.
6
33 Subsection 4(1) (definition of Secretary)
7
Repeal the definition, substitute:
8
Secretary means the Secretary of the Department.
9
34 Subsection 4(1) (definition of short-term respite care
10
patient)
11
Repeal the definition.
12
35 Subsection 4(1) (definition of temporary operator)
13
Repeal the definition.
14
36 Subsection 4(1) (definition of transferred home)
15
Repeal the definition.
16
37 Subsections 4(1AAA), (1C) and (5)
17
Repeal the subsections.
18
38 Section 4AA
19
Repeal the section.
20
39 Parts V to VD
21
Repeal the Parts.
22
40 Section 105AAB
23
Repeal the section.
24
41 Subsection 105AB(1AA)
25
Repeal the subsection.
26
42 Subsection 105AB(9)
27
Spent legislation Schedule 3
Amendments Part 1
Aged Care Amendment Bill 2011 No. , 2011 21
Repeal the subsection.
1
43 Subsections 105AC(1A) and (1B)
2
Repeal the subsections.
3
44 Subsection 105AC(2)
4
Omit ", (1A) or (1B)".
5
45 Division 3A of Part VIII
6
Repeal the Division.
7
46 Section 134B
8
Omit ", other than an offence against subsection 42(2) or section 61A or
9
62,".
10
47 Subsection 135A(5B)
11
Repeal the subsection.
12
48 Subsection 135A(8)
13
Omit ", an optometrical service, the provision of hospital treatment or
14
nursing home care", substitute "or an optometrical service, the
15
provision of hospital treatment".
16
49 Subsection 135A(24) (definition of appointed nursing
17
home adviser)
18
Repeal the definition.
19
50 Subsection 135B(1)
20
Omit "61A, 62, 82,".
21
51 Subsection 135B(3)
22
Omit all the words after "impose", substitute "is imprisonment for a
23
period not exceeding 6 months".
24
52 Subsection 137(1)
25
Omit "and section 57".
26
53 Paragraph 139A(1)(a)
27
Omit "or an approved nursing home".
28
Schedule 3 Spent legislation
Part 1 Amendments
22 Aged Care Amendment Bill 2011 No. , 2011
54 Paragraphs 139B(1)(a) to (ec)
1
Repeal the paragraphs.
2
55 Schedule 4
3
Repeal the Schedule.
4
5
Spent legislation Schedule 3
Repeal of Acts Part 2
Aged Care Amendment Bill 2011 No. , 2011 23
Part 2--Repeal of Acts
1
Aged or Disabled Persons Care Act 1954
2
56 The whole of the Act
3
Repeal the Act.
4
Nursing Home Charge (Imposition) Act 1994
5
57 The whole of the Act
6
Repeal the Act.
7
8
Schedule 3 Spent legislation
Part 3 Repeal of Acts: saving provision
24 Aged Care Amendment Bill 2011 No. , 2011
Part 3--Repeal of Acts: saving provision
1
58 Saving--repeal of the Aged or Disabled Persons Care Act
2
1954
3
The Aged or Disabled Persons Care Act 1954, as in force immediately
4
before its repeal by item 56 of this Schedule, continues to apply in
5
relation to a grant (including any related grant conditions or
6
agreements) made under that Act before that repeal.
7

 


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