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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018-2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Aged Care Amendment (Movement of
Provisionally Allocated Places) Bill 2019
No. , 2019
(Health)
A Bill for an Act to amend the Aged Care Act 1997,
and for related purposes
No. , 2019
Aged Care Amendment (Movement of Provisionally Allocated Places)
Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Aged Care Act 1997
3
No. , 2019
Aged Care Amendment (Movement of Provisionally Allocated Places)
Bill 2019
1
A Bill for an Act to amend the Aged Care Act 1997,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Aged Care Amendment (Movement of Provisionally
5
Allocated Places) Act 2019.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Aged Care Amendment (Movement of Provisionally Allocated Places)
Bill 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
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 Schedules
7
Legislation 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repealed as set out in the applicable items in the Schedule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
Amendments Schedule 1
No. , 2019
Aged Care Amendment (Movement of Provisionally Allocated Places)
Bill 2019
3
Schedule 1--Amendments
1
2
Aged Care Act 1997
3
1 At the end of subsection 15-5(2)
4
Add:
5
; or (c) a variation that has the effect of moving
*
provisionally
6
allocated places to a different
*
region within the same State
7
or Territory.
8
2 Subsection 15-5(7)
9
After "
*
provisional allocation", insert "as mentioned in paragraph (2)(a)
10
or (b)".
11
3 At the end of section 15-5
12
Add:
13
(8) In deciding whether to vary the
*
provisional allocation as
14
mentioned in paragraph (2)(c), the Secretary must be satisfied that
15
the variation is justified in the circumstances, having regard to the
16
following:
17
(a) whether the variation would meet the objectives of the
18
planning process set out in section 12-2;
19
(b) the financial viability of the
*
aged care service in respect of
20
which the
*
places were
*
provisionally allocated;
21
(c) if the places were provisionally allocated to meet the needs of
22
a particular group--whether those needs would be met after
23
the variation;
24
(d) if the places were provisionally allocated to provide a
25
particular type of
*
aged care--whether that type of aged care
26
would be provided after the variation;
27
(e) if, after the variation, the places would be provisionally
28
allocated in respect of a different aged care service:
29
(i) the financial viability of that aged care service; and
30
(ii) the suitability of the premises used, or proposed to be
31
used, to provide care through that aged care service;
32
Schedule 1 Amendments
4
Aged Care Amendment (Movement of Provisionally Allocated Places)
Bill 2019
No. , 2019
(f) the extent to which the needs of the aged care community in
1
the different
*
region and the region for which the places were
2
provisionally allocated have changed since the provisional
3
allocation was made;
4
(g) the extent to which the needs of the aged care community in
5
the different region and the region for which the places were
6
provisionally allocated would be better met by making the
7
variation than by not making the variation;
8
(h) how the development of the aged care service, in respect of
9
which the places were provisionally allocated, has
10
progressed;
11
(i) whether the allocation of places would take effect within a
12
shorter period of time and within the existing provisional
13
allocation period, if the variation were to be made;
14
(j) any other matters set out in the Allocation Principles.
15
4 After section 15-5
16
Insert:
17
15-5A Variation of region that involves moving provisionally
18
allocated places to a service with extra service status
19
(1) The Secretary must not vary a
*
provisional allocation of
*
places to
20
move places to a different
*
region as mentioned in
21
paragraph 15-5(2)(c) if:
22
(a) the variation would result in residential care in respect of the
23
places being provided through a residential care service in the
24
different region; and
25
(b) that residential care service has, or a
*
distinct part of that
26
service has,
*
extra service status;
27
unless subsection (2) or (3) applies to the variation.
28
(2) The Secretary may make the variation if the Secretary is satisfied
29
that the
*
places other than the
*
provisionally allocated places to
30
which the variation relates could, after the variation, form one or
31
more
*
distinct parts of the residential care service concerned.
32
Note:
The places to which the variation relates would not have
*
extra service
33
status because of the operation of section 31-3.
34
Amendments Schedule 1
No. , 2019
Aged Care Amendment (Movement of Provisionally Allocated Places)
Bill 2019
5
(3) The Secretary may make the variation if the Secretary is satisfied
1
that:
2
(a) granting the variation would be reasonable, having regard to
3
the criteria set out in section 32-4; and
4
(b) granting the variation would not result in the maximum
5
proportion of
*
extra service places under section 32-7, for the
6
State, Territory or region concerned, being exceeded; and
7
(c) any other requirements set out in the Allocation Principles
8
are satisfied.
9
Note:
These
*
places would have
*
extra service status because of the
10
operation of section 31-1. (Section 31-3 would not apply.)
11
5 Section 31-3 (heading)
12
Omit "or transfer", substitute ", transfer or variation".
13
6 After subsection 31-3(1)
14
Insert:
15
(1A) If:
16
(a) the Secretary varies a
*
provisional allocation of
*
places as
17
mentioned in paragraph 15-5(2)(c); and
18
(b) as a result of the variation, care in respect of the places would
19
be provided through a residential care service in a different
20
*
region; and
21
(c) the variation was in accordance with subsection 15-5A(2);
22
the provisionally allocated places are taken, for the purposes of this
23
Part, not to have
*
extra service status.
24
7 Application of amendments
25
The amendments to the Aged Care Act 1997 made by this Schedule
26
apply in relation to variations of provisionally allocated places made
27
after the commencement of this Act, whether the places were allocated
28
before or after the commencement of this Act.
29
30