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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015-2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Aged Care Legislation Amendment
(Increasing Consumer Choice) Bill 2016
No. , 2016
(Health)
A Bill for an Act to amend the law relating to aged
care, and for related purposes
No. , 2016
Aged Care Legislation Amendment (Increasing Consumer Choice) Bill
2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
4
Part 1--Main amendments
4
Aged Care Act 1997
4
Aged Care (Transitional Provisions) Act 1997
17
Part 2--Contingent amendments
20
Division 1--Amendments if Part 1 of this Schedule commences
before the Aged Care Amendment (Red Tape Reduction
in Places Management) Act 2016
20
Aged Care Act 1997
20
Division 2--Amendments contingent on the Aged Care Amendment
(Red Tape Reduction in Places Management) Act 2016
20
Aged Care Act 1997
20
Part 3--Application and transitional provisions
21
No. , 2016
Aged Care Legislation Amendment (Increasing Consumer Choice) Bill
2016
1
A Bill for an Act to amend the law relating to aged
1
care, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Aged Care Legislation Amendment
5
(Increasing Consumer Choice) Act 2016.
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 Legislation Amendment (Increasing Consumer Choice) Bill
2016
No. , 2016
Commencement information
Column 1
Column 2
Column 3
Provisions
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,
Part 1
27 February 2017.
27 February
2017
3. Schedule 1,
Part 2, Division 1
27 February 2017.
However, the provisions do not commence
at all if Schedule 1 to the Aged Care
Amendment (Red Tape Reduction in Places
Management) Act 2016 commences on or
before 27 February 2017.
4. Schedule 1,
Part 2, Division 2
The later of:
(a) the start of 27 February 2017; and
(b) immediately after the commencement of
Schedule 1 to the Aged Care Amendment
(Red Tape Reduction in Places
Management) Act 2016.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
5. Schedule 1,
Part 3
27 February 2017.
27 February
2017
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
No. , 2016
Aged Care Legislation Amendment (Increasing Consumer Choice) Bill
2016
3
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Schedule 1 Amendments
Part 1 Main amendments
4
Aged Care Legislation Amendment (Increasing Consumer Choice) Bill
2016
No. , 2016
Schedule 1--Amendments
1
Part 1--Main amendments
2
Aged Care Act 1997
3
1 Paragraph 3-2(b)
4
After "for example,", insert "for residential care services and flexible
5
care services".
6
2 Section 5-1
7
Omit:
8
•
the
*
aged care service in question--
*
places must have been
9
allocated in respect of the service (see Part 2.2). In addition,
10
decisions can be made under Part 2.5 allowing places in a
11
residential care service to become
*
extra service places
12
(enabling higher fees to be charged for those places);
13
•
the recipient of the care--the recipient must (in most cases) be
14
approved in respect of the type of
*
aged care provided (see
15
Part 2.3), and (in the case of residential care or flexible care)
16
can be classified in respect of the level of care that is required
17
(see Part 2.4).
18
substitute:
19
•
the
*
aged care service in question--for residential care
20
services and flexible care services,
*
places must have been
21
allocated in respect of the service (see Part 2.2). In addition,
22
decisions can be made under Part 2.5 allowing places in a
23
residential care service to become
*
extra service places
24
(enabling higher fees to be charged for those places);
25
•
the recipient of the care--the recipient must (in most cases) be
26
approved in respect of the type of
*
aged care provided (see
27
Part 2.3). In the case of home care, the recipient must be a
28
Amendments Schedule 1
Main amendments Part 1
No. , 2016
Aged Care Legislation Amendment (Increasing Consumer Choice) Bill
2016
5
*
prioritised home care recipient (see Part 2.3A). In the case of
1
residential care or flexible care, the recipient can be classified
2
in respect of the level of care that is required (see Part 2.4).
3
3 Section 5-2 (table item
2, column headed "Home care
4
subsidy")
5
Omit "Yes", substitute "No".
6
4 Section 5-2 (after table item 3)
7
Insert:
8
3A
Prioritisation
of home care
recipients
No
Yes
No
9
5 Paragraph 8-1(2)(b)
10
Omit "
*
aged care service", substitute "residential care service or
11
flexible care service".
12
6 Subparagraphs 8-1(2)(b)(i) and (ii)
13
Omit "aged care service", substitute "service".
14
7 At the end of subsection 8-1(2)
15
Add:
16
; and (c) if the approval is in respect of home care--each home care
17
service in relation to which the person notifies the Secretary
18
of the information required by section 9-1A.
19
8 Subsections 8-1(3) and (4)
20
Repeal the subsections, substitute:
21
(3) The approval begins to be in force on the day stated, in accordance
22
with paragraph 8-5(2)(aa), in the notice given to the person under
23
subsection 8-5(1).
24
9 Subsection 8-3(1)
25
Repeal the subsection, substitute:
26
Schedule 1 Amendments
Part 1 Main amendments
6
Aged Care Legislation Amendment (Increasing Consumer Choice) Bill
2016
No. , 2016
(1) In deciding whether the applicant is suitable to provide
*
aged care,
1
the Secretary must consider:
2
(a) the applicant's experience in providing aged care or other
3
relevant forms of care; and
4
(b) the applicant's demonstrated understanding of its
5
responsibilities as a provider of the type of care for which
6
approval is sought; and
7
(c) the systems that the applicant has, or proposes to have, in
8
place to meet its responsibilities as a provider of the type of
9
care for which approval is sought; and
10
(d) the applicant's record of financial management, and the
11
methods that the applicant uses, or proposes to use, in order
12
to ensure sound financial management; and
13
(e) if the applicant has been a provider of aged care--its conduct
14
as a provider, and its compliance with its responsibilities as a
15
provider and obligations arising from the receipt of any
16
payments from the Commonwealth for providing that aged
17
care; and
18
(f) any other matters specified in the Approved Provider
19
Principles.
20
10 Subsection 8-3(2)
21
Omit "paragraphs (1)(b) to (h)", substitute "paragraph (1)(a), (b), (d),
22
(e) or (f)".
23
11 Subsection 8-3(5)
24
Omit "to (h)", substitute "to (f)".
25
12 Subsection 8-3(6)
26
Omit "paragraphs (1)(b), (c), (d), (f), (g) and (ga)", substitute
27
"paragraphs (1)(a) and (e)".
28
13 Subsection 8-3(6A)
29
Repeal the subsection.
30
14 Before paragraph 8-5(2)(a)
31
Insert:
32
Amendments Schedule 1
Main amendments Part 1
No. , 2016
Aged Care Legislation Amendment (Increasing Consumer Choice) Bill
2016
7
(aa) the day the applicant was approved as a provider of
*
aged
1
care;
2
15 Paragraph 8-5(2)(b)
3
Omit "
*
aged care", substitute "aged care".
4
16 Paragraph 8-5(2)(d)
5
Omit "a statement that the approval is in respect of those
*
aged care
6
services", substitute "that the approval is in respect of each residential
7
care service or flexible care service".
8
17 Subparagraphs 8-5(2)(d)(i) and (ii)
9
Omit "aged care service", substitute "service".
10
18 Paragraph 8-5(2)(da)
11
Repeal the paragraph, substitute:
12
(da) if the approval is in respect of home care--that the approval
13
is in respect of each home care service in relation to which
14
the person notifies the Secretary of the information required
15
by section 9-1A;
16
19 Paragraphs 8-5(2)(e) and 8-6(2)(a)
17
Repeal the paragraphs.
18
20 Before section 9-1
19
Insert:
20
9-1A Obligation to notify Secretary about home care services
21
(1) An approved provider must notify the Secretary of the following
22
information in relation to each home care service through which
23
the approved provider proposes to provide home care:
24
(a) the name and address of the service;
25
(b) any other information of a kind specified in the Approved
26
Provider Principles for the purposes of this section.
27
Note:
Approved providers have a responsibility under Part 4.3 to comply
28
with this obligation. Failure to comply with a responsibility can result
29
in a sanction being imposed under Part 4.4.
30
Schedule 1 Amendments
Part 1 Main amendments
8
Aged Care Legislation Amendment (Increasing Consumer Choice) Bill
2016
No. , 2016
(2) The notification must be made before the approved provider first
1
provides home care through the home care service.
2
(3) The notification must be in the form approved by the Secretary.
3
(4) If there is a change in any of the information notified under
4
subsection (1), the approved provider must, within 28 days of the
5
change, notify the Secretary of the change.
6
21 Subsections 9-1(3B) and 9-2(2A)
7
Repeal the subsections.
8
22 Paragraph 10-1(1)(a)
9
Repeal the paragraph.
10
23 Section 10-2
11
Repeal the section.
12
24 Section 11-1
13
Omit "
*
aged care", substitute "residential care or flexible care".
14
25 Section 11-4
15
Omit "a type of
*
subsidy", substitute "
*
residential care subsidy or
16
*
flexible care subsidy".
17
26 Subsections 12-1(1), 12-3(1) and 12-4(1)
18
Omit "each type of
*
subsidy", substitute "
*
residential care subsidy and
19
*
flexible care subsidy".
20
27 Subsection 12-4(3)
21
Omit "a type of
*
subsidy", substitute "
*
residential care subsidy or
22
*
flexible care subsidy".
23
28 Subsections 12-5(1) and 12-6(1)
24
Omit "each type of
*
subsidy", substitute "
*
residential care subsidy and
25
*
flexible care subsidy".
26
Amendments Schedule 1
Main amendments Part 1
No. , 2016
Aged Care Legislation Amendment (Increasing Consumer Choice) Bill
2016
9
29 Subsection 12-6(2)
1
Omit "a particular type of
*
subsidy, the whole of the State or Territory
2
comprises the region", substitute "
*
residential care subsidy or
*
flexible
3
care subsidy, the whole of the State or Territory comprises the region in
4
respect of that type of
*
subsidy".
5
30 Subsection 14-1(1)
6
Omit "a particular type of
*
subsidy ", substitute "
*
residential care
7
subsidy or
*
flexible care subsidy".
8
31 Paragraph 16-2(4)(a)
9
Omit "(even if the approval has not yet begun to be in force)".
10
32 Paragraph 18-5(1)(b)
11
Repeal the paragraph.
12
33 Section 21-1
13
After "receive", insert "one or more of the following".
14
34 Paragraphs 21-1(a) and (b)
15
Omit "or".
16
35 Paragraph 21-2(b)
17
Repeal the paragraph, substitute:
18
(b) those needs can be met appropriately through residential care
19
services; and
20
36 Paragraph 21-3(a)
21
After "physical,", insert "medical,".
22
37 Paragraph 21-3(b)
23
Repeal the paragraph, substitute:
24
(b) those needs can be met appropriately through home care
25
services; and
26
38 Paragraph 21-4(a)
27
After "physical,", insert "medical,".
28
Schedule 1 Amendments
Part 1 Main amendments
10
Aged Care Legislation Amendment (Increasing Consumer Choice) Bill
2016
No. , 2016
39 After section 22-2
1
Insert:
2
22-2A Priority for home care services
3
(1) If the Secretary approves a person as a recipient of home care, the
4
Secretary must determine the person's priority for home care
5
services.
6
Note:
The determination is reviewable under Part 6.1.
7
(2) The Secretary may, at any time, vary a person's priority for home
8
care services determined under subsection (1), including any
9
priority for home care services varied under this subsection.
10
Note:
The variation is reviewable under Part 6.1.
11
(3) Any determination of a person's priority for home care services
12
under this section, including any determination as varied under
13
subsection (2), must be consistent with the care needs of the
14
person.
15
40 Subsection 22-4(2)
16
Omit "The", substitute "Subject to subsection (2A), the".
17
41 After subsection 22-4(2)
18
Insert:
19
(2A) If the person has applied for approval as a recipient of home care,
20
the assessment must include an assessment of the person's priority
21
for home care services.
22
42 After paragraph 22-6(2)(c)
23
Insert:
24
(ca) if the person is approved as a recipient of home care--the
25
person's priority for home care services (see section 22-2A);
26
43 At the end of subsection 22-6(3)
27
Add:
28
; or (c) varies the person's priority for home care services under
29
subsection 22-2A(2).
30
Amendments Schedule 1
Main amendments Part 1
No. , 2016
Aged Care Legislation Amendment (Increasing Consumer Choice) Bill
2016
11
44 After Part 2.3
1
Insert:
2
Part 2.3A--Prioritisation of home care recipients
3
Division 23A--Introduction
4
23A-1 What this Part is about
5
A person must be determined to be a
*
prioritised home care
6
recipient before an approved provider can be paid
*
home care
7
subsidy for providing home care to the person.
8
Division 23B--Prioritised home care recipients
9
23B-1 Determination that a person is a prioritised home care
10
recipient
11
(1) The Secretary may, by written notice given to a person who is
12
approved under Part 2.3 as a recipient of home care, determine:
13
(a) that the person is a
*
prioritised home care recipient; and
14
(b) the person's level of care as a prioritised home care recipient.
15
Note:
The determined level of care may affect any amount of
*
home care
16
subsidy payable in respect of the person: see paragraph 48-2(3)(a).
17
(2) If the approval of the person as a recipient of home care is limited
18
under subsection 22-2(3) to one or more levels of care, the level of
19
care determined under paragraph (1)(b) of this section may be
20
different from, but must not be higher than, the highest level of
21
care in relation to which the approval is limited under
22
subsection 22-2(3).
23
(3) The determination takes effect on the day the determination is
24
made.
25
(4) In deciding whether to make a determination under subsection (1)
26
in relation to a person, the Secretary must consider the following:
27
(a) the period of time since:
28
Schedule 1 Amendments
Part 1 Main amendments
12
Aged Care Legislation Amendment (Increasing Consumer Choice) Bill
2016
No. , 2016
(i) the day the person was approved under Part 2.3 as a
1
recipient of home care; or
2
(ii) if the Prioritised Home Care Recipients Principles
3
specify a later day--that day;
4
(b) the person's priority for home care services determined under
5
section 22-2A;
6
(c) any other matters specified in the Prioritised Home Care
7
Recipients Principles.
8
(5) In deciding whether to make a determination under subsection (1)
9
in relation to a person, the Secretary may also consider whether
10
there are exceptional circumstances that justify making the
11
determination.
12
(6) A determination under subsection (1) not a legislative instrument.
13
23B-2 Variation of level of care in relation to which a person is a
14
prioritised home care recipient
15
(1) The Secretary may, by written notice given to a person who is a
16
*
prioritised home care recipient, vary the determination made
17
under subsection 23B-1(1) in relation to the person to increase the
18
person's level of care as a prioritised home care recipient.
19
(2) If the approval of the person as a recipient of home care is limited
20
under subsection 22-2(3) to one or more levels of care, the level of
21
care as varied under subsection (1) of this section may be different
22
from, but must not be higher than, the highest level of care in
23
relation to which the approval is limited under subsection 22-2(3).
24
(3) The variation takes effect on the day the variation is made.
25
(4) Before deciding to vary a determination under subsection (1), the
26
Secretary must consider the following:
27
(a) the period of time since:
28
(i) the day the person was approved under Part 2.3 as a
29
recipient of home care; or
30
(ii) if the Prioritised Home Care Recipients Principles
31
specify a later day--that day;
32
(b) the person's priority for home care services determined under
33
section 22-2A;
34
Amendments Schedule 1
Main amendments Part 1
No. , 2016
Aged Care Legislation Amendment (Increasing Consumer Choice) Bill
2016
13
(c) any other matters specified in the Prioritised Home Care
1
Recipients Principles.
2
(5) Before deciding to vary a determination under subsection (1), the
3
Secretary may also consider whether there are exceptional
4
circumstances that justify varying the determination.
5
23B-3 Cessation of determinations
6
A determination that a person is a
*
prioritised home care recipient
7
ceases to have effect if:
8
(a) the person dies; or
9
(b) the person's approval as a recipient of home care ceases to
10
have effect; or
11
(c) the person is not provided with home care within the period
12
specified in the Prioritised Home Care Recipients Principles;
13
or
14
(d) the person ceases, in the circumstances specified in the
15
Prioritised Home Care Recipients Principles, to be provided
16
with home care.
17
23B-4 Use of computer programs to make decisions
18
(1) The Secretary may arrange for the use, under the Secretary's
19
control, of computer programs for making decisions on the making
20
or varying of determinations under this Division.
21
(2) A decision made by the operation of a computer program under an
22
arrangement made under subsection (1) is taken to be a decision
23
made by the Secretary.
24
(3) The Secretary may substitute a decision for a decision (the initial
25
decision) made by the operation of a computer program under an
26
arrangement under subsection (1) if the Secretary is satisfied that
27
the initial decision is incorrect.
28
45 Section 40-1
29
Omit:
30
Schedule 1 Amendments
Part 1 Main amendments
14
Aged Care Legislation Amendment (Increasing Consumer Choice) Bill
2016
No. , 2016
A number of approvals and other decisions may need to have been
1
made under Chapter 2 before a particular kind of payment can be
2
made (see section 5-2). Receipt of payments under this Chapter
3
gives rise to certain responsibilities, that are dealt with in
4
Chapter 4.
5
substitute:
6
A number of approvals and other decisions may need to have been
7
made under Chapter 2 before a particular kind of payment can be
8
made (see section 5-2). For example, an approved provider can
9
only receive subsidy for providing residential care or flexible care
10
in respect of which a
*
place has been allocated. Receipt of
11
payments under this Chapter gives rise to certain responsibilities,
12
that are dealt with in Chapter 4.
13
46 At the end of section 45-1
14
Add:
15
However, any
*
unspent home care amount (which may include
16
home care subsidy) of a care recipient must be dealt with by an
17
approved provider in accordance with the User Rights Principles.
18
47 Section 46-1
19
Repeal the section, substitute:
20
46-1 Eligibility for home care subsidy
21
(1) An approved provider is eligible for
*
home care subsidy in respect
22
of a day if the Secretary is satisfied that:
23
(a) the approved provider is approved under Part 2.1 as a
24
provider of home care; and
25
(b) on that day there is in force a
*
home care agreement under
26
which a care recipient approved under Part 2.3 in respect of
27
home care is to be provided with home care by the approved
28
provider through a home care service; and
29
(c) the home care service is a notified home care service; and
30
Amendments Schedule 1
Main amendments Part 1
No. , 2016
Aged Care Legislation Amendment (Increasing Consumer Choice) Bill
2016
15
(d) the care recipient is a
*
prioritised home care recipient; and
1
(e) on that day the approved provider provides the care recipient
2
with such home care (if any) as is required under the home
3
care agreement; and
4
(f) the approved provider has agreed in the claim relating to the
5
day to deal with the care recipient's
*
unspent home care
6
amount in accordance with the User Rights Principles.
7
Note:
Eligibility may also be affected by Division 7 (relating to a person's
8
approval as a provider of
*
aged care services) or Division 20 (relating
9
to a person's approval as a recipient of home care).
10
(2) For the purposes of paragraph (1)(c), a home care service is a
11
notified home care service if the approved provider has notified
12
the Secretary of the information required by section 9-1A in
13
relation to the home care service.
14
48 Section 46-3
15
Repeal the section.
16
49 Paragraph 56-2(f)
17
Omit "care recipient's
*
place in the service", substitute "care recipient
18
to receive home care through the service".
19
50 Paragraph 63-1(1)(c)
20
Repeal the paragraph, substitute:
21
(c) to comply with Division 9 in relation to notifying and
22
providing information;
23
51 Section 85-1 (after table item 25)
24
Insert:
25
26
25A
To determine a person's priority for home care
services
subsection 22-2A(1)
25B
To vary a person's priority for home care
services
subsection 22-2A(2)
52 Paragraph 86-9(1)(b)
27
After "
*
places", insert "(if any)".
28
Schedule 1 Amendments
Part 1 Main amendments
16
Aged Care Legislation Amendment (Increasing Consumer Choice) Bill
2016
No. , 2016
53 After paragraph 86-9(1)(b)
1
Insert:
2
(ba) if the service is a home care service--the number of care
3
recipients provided with care through the service;
4
54 At the end of section 95-1
5
Add:
6
(3) The
*
Commonwealth portion of a care recipient's
*
unspent home
7
care amount is a recoverable amount if:
8
(a) the unspent home care amount relates to
*
home care subsidy,
9
or home care fees, paid to an approved provider; and
10
(b) after this subsection commenced, the approved provider was
11
paid an amount of home care subsidy in respect of the care
12
recipient (whether or not the unspent home care amount
13
relates to that payment of subsidy); and
14
(c) the Commonwealth portion is not payable under the User
15
Rights Principles to any other approved provider of home
16
care.
17
55 Section 96-1 (after table item 16)
18
Insert:
19
17
Prioritised Home Care Recipients
Principles
Part 2.3A
56 Subsection 96-2(1)
20
Repeal the subsection, substitute:
21
Employees etc. of Agencies and Commonwealth authorities
22
(1) The Secretary may, in writing, delegate all or any of the powers
23
and functions of the Secretary under this Act, the regulations or
24
any Principles made under section 96-1 to a person engaged
25
(whether as an employee or otherwise) by:
26
(a) an Agency (within the meaning of the Public Service Act
27
1999); or
28
(b) an authority of the Commonwealth.
29
Amendments Schedule 1
Main amendments Part 1
No. , 2016
Aged Care Legislation Amendment (Increasing Consumer Choice) Bill
2016
17
57 Clause 1 of Schedule 1
1
Insert:
2
Commonwealth portion of a care recipient's
*
unspent home care
3
amount has the meaning given by the User Rights Principles.
4
58 Clause 1 of Schedule 1 (definition of place)
5
Omit ", home care".
6
59 Clause 1 of Schedule 1
7
Insert:
8
prioritised home care recipient means a person in relation to
9
whom a determination under section 23B-1 is in effect.
10
unspent home care amount of a care recipient has the meaning
11
given by the User Rights Principles.
12
Aged Care (Transitional Provisions) Act 1997
13
60 Paragraph 3-2(b)
14
After "for example,", insert "for residential care services and flexible
15
care services".
16
61 Section 40-1
17
Omit:
18
A number of approvals and other decisions may need to have been
19
made under Chapter 2 of the Aged Care Act 1997 before a
20
particular kind of payment can be made (see section 5-2 of that
21
Act). Receipt of payments under this Chapter gives rise to certain
22
responsibilities, that are dealt with in Chapter 4 of this Act and
23
Chapter 4 of the Aged Care Act 1997.
24
substitute:
25
A number of approvals and other decisions may need to have been
26
made under Chapter 2 of the Aged Care Act 1997 before a
27
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Part 1 Main amendments
18
Aged Care Legislation Amendment (Increasing Consumer Choice) Bill
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No. , 2016
particular kind of payment can be made (see section 5-2 of that
1
Act). For example, an approved provider can only receive subsidy
2
for providing residential care or flexible care in respect of which a
3
*
place has been allocated. Receipt of payments under this Chapter
4
gives rise to certain responsibilities, that are dealt with in Chapter 4
5
of this Act and Chapter 4 of the Aged Care Act 1997.
6
62 At the end of section 45-1
7
Add:
8
However, any
*
unspent home care amount (which may include
9
home care subsidy) of a care recipient must be dealt with by an
10
approved provider in accordance with the User Rights Principles.
11
63 Section 46-1
12
Repeal the section, substitute:
13
46-1 Eligibility for home care subsidy
14
(1) An approved provider is eligible for
*
home care subsidy in respect
15
of a day if the Secretary is satisfied that:
16
(a) the approved provider is approved under Part 2.1 of the Aged
17
Care Act 1997 as a provider of home care; and
18
(b) on that day there is in force a
*
home care agreement under
19
which a care recipient approved under Part 2.3 of the Aged
20
Care Act 1997 in respect of home care is to be provided with
21
home care by the approved provider through a home care
22
service; and
23
(c) the home care service is a notified home care service; and
24
(d) the care recipient is a
*
prioritised home care recipient; and
25
(e) on that day the approved provider provides the care recipient
26
with such home care (if any) as is required under the home
27
care agreement; and
28
(f) the approved provider has agreed in the claim relating to the
29
day to deal with the care recipient's
*
unspent home care
30
amount in accordance with the User Rights Principles.
31
Note:
Eligibility may also be affected by Division 7 of the Aged Care Act
32
1997 (relating to a person's approval as a provider of aged care
33
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Main amendments Part 1
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Aged Care Legislation Amendment (Increasing Consumer Choice) Bill
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19
services) or Division 20 of that Act (relating to a person's approval as
1
a recipient of home care).
2
(2) For the purposes of paragraph (1)(c), a home care service is a
3
notified home care service if the approved provider has notified
4
the Secretary of the information required by section 9-1A of the
5
Aged Care Act 1997 in relation to the home care service.
6
64 Section 46-3
7
Repeal the section.
8
65 Subsection 96-2(1)
9
Repeal the subsection, substitute:
10
Employees etc. of Agencies and Commonwealth authorities
11
(1) The Secretary may, in writing, delegate all or any of the powers
12
and functions of the Secretary under this Act, the regulations or
13
any Principles made under section 96-1 to a person engaged
14
(whether as an employee or otherwise) by:
15
(a) an Agency (within the meaning of the Public Service Act
16
1999); or
17
(b) an authority of the Commonwealth.
18
66 Clause 1 of Schedule 1 (definition of place)
19
Omit ", home care".
20
67 Clause 1 of Schedule 1
21
Insert:
22
prioritised home care recipient has the same meaning as in the
23
Aged Care Act 1997.
24
unspent home care amount of a care recipient has the meaning
25
given by the User Rights Principles.
26
Schedule 1 Amendments
Part 2 Contingent amendments
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Aged Care Legislation Amendment (Increasing Consumer Choice) Bill
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No. , 2016
Part 2--Contingent amendments
1
Division 1
--Amendments if Part 1 of this Schedule
2
commences before the Aged Care Amendment
3
(Red Tape Reduction in Places Management)
4
Act 2016
5
Aged Care Act 1997
6
68 Paragraph 16-14(4)(a)
7
Omit "(even if the approval has not yet begun to be in force)".
8
Division 2
--Amendments contingent on the Aged Care
9
Amendment (Red Tape Reduction in Places
10
Management) Act 2016
11
Aged Care Act 1997
12
69 Paragraph 16-13(4)(a)
13
Omit "(even if the approval has not yet begun to be in force)".
14
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Application and transitional provisions Part 3
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Aged Care Legislation Amendment (Increasing Consumer Choice) Bill
2016
21
Part 3--Application and transitional provisions
1
70 Definitions
2
In this Part:
3
commencement time means the time when this Part commences.
4
new law means the Aged Care Act 1997 as in force immediately after
5
the commencement time.
6
old law means the Aged Care Act 1997 as in force immediately before
7
the commencement time.
8
71 Amendments relating to approval of providers
9
(1)
The amendments of sections 8-1 and 8-5 of the Aged Care Act 1997
10
made by this Schedule apply in relation to any application to be
11
approved as a provider of aged care:
12
(a) made after the commencement time; or
13
(b) made, but not determined, before the commencement time.
14
(2)
The amendments of subsection 8-3(1) of the Aged Care Act 1997 made
15
by this Schedule apply in relation to:
16
(a) any application to be approved as a provider of aged care
17
made after the commencement time; and
18
(b) any change of circumstances referred to in
19
paragraph 9-1(1)(a) of that Act that occurs after the
20
commencement time; and
21
(c) any request made to an approved provider under
22
subsection 9-2(1) or paragraph 9-3B(2)(a) of that Act after
23
the commencement time; and
24
(d) any approval revoked under paragraph 10-3(1)(b) of that Act
25
after the commencement time.
26
(3)
If:
27
(a) a person has, before the commencement time, been approved
28
under section 8-1 of the Aged Care Act 1997 as a provider of
29
aged care; and
30
(b) at the commencement time:
31
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Aged Care Legislation Amendment (Increasing Consumer Choice) Bill
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No. , 2016
(i) the approval has not yet begun to be in force because of
1
the operation of subsection 8-1(3) of that Act; and
2
(ii) the approval has not ceased to have effect under that
3
Act;
4
the approval begins to be in force on the day this item commences.
5
(4)
Subitem (3) has effect despite subsection 8-1(3) of the new law.
6
72 Obligation to notify Secretary about home care services
7
etc.
8
(1)
This item applies if, immediately before the commencement time, an
9
allocation of a place to an approved provider in respect of a particular
10
home care service is in effect.
11
(2)
The approved provider is taken, on the commencement of this item, to
12
have notified the Secretary in relation to the service in accordance with
13
subsections 9-1A(1) to (3) of the new law.
14
73 Approvals to no longer lapse
15
The repeal of section 10-2 of the Aged Care Act 1997 by this Schedule
16
applies in relation to any approval of an aged care provider that is in
17
force at or after the commencement time.
18
74 Applications relating to allocations of home care places
19
(1)
If:
20
(a) a person has, before the commencement time, made an
21
application under section 13-1 of the Aged Care Act 1997 for
22
an allocation of places in respect of home care subsidy; and
23
(b) the Secretary has not, before the commencement time,
24
notified the person under section 14-8 of that Act in relation
25
to the application;
26
the application is taken never to have been made.
27
(2)
If:
28
(a) a person has, before the commencement time, made an
29
application under section 16-2, 16-7, 17-2 or 17-7 of the
30
Aged Care Act 1997 relating to a place in respect of home
31
care subsidy; and
32
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Application and transitional provisions Part 3
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2016
23
(b) the Secretary has not, before the commencement time, given
1
notice under section 16-5, 16-7, 17-5 or 17-7 of that Act (as
2
the case may be) in relation to the application;
3
the application is taken never to have been made.
4
75 Planning the allocation of places
5
The amendments of Division 12 of the Aged Care Act 1997 made by
6
this Schedule apply in relation to the financial year beginning on 1 July
7
2016 and each later financial year.
8
76 Cessation of places for home care subsidy
9
(1)
This item applies if, immediately before the commencement time, an
10
allocation of a place to an approved provider in respect of home care
11
subsidy is in effect.
12
(2)
At the commencement time, the allocation of the place ceases to have
13
effect.
14
77 Priority for home care services
15
(1)
Subsection 22-2A(1) of the new law applies to persons approved under
16
Part 2.3 of the Aged Care Act 1997 as recipients of home care after the
17
commencement time.
18
(2)
If, as at the commencement time, a person is approved under Part 2.3 of
19
the Aged Care Act 1997 as a recipient of home care, the Secretary may,
20
at any time, determine the person's priority for home care services.
21
(3)
A determination of a person's priority for home care services under
22
subitem (2) must be consistent with the care needs of the person.
23
(4)
A determination of a person's priority for home care services under
24
subitem (2) is taken, for the purposes of the new law, to be a
25
determination of the person's priority for home care services under
26
subsection 22-2A(1) of the new law.
27
(5)
If the Secretary determines a person's priority for home care services
28
under subitem (2), the Secretary must notify the person in writing.
29
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Part 3 Application and transitional provisions
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78 Prioritised home care recipients
1
(1)
This item applies if an approved provider is eligible under section 46-1
2
of the Aged Care Act 1997 or section 46-1 of the Aged Care
3
(Transitional Provisions) Act 1997 for home care subsidy in respect of
4
the day (the relevant day) immediately preceding the day this item
5
commences, because:
6
(a) during the relevant day the approved provider holds an
7
allocation of a place for home care subsidy that is in force
8
under Part 2.2 of the Aged Care Act 1997; and
9
(b) during the relevant day there is in force a home care
10
agreement under which a care recipient, approved under
11
Part 2.3 of the Aged Care Act 1997 in respect of home care,
12
is to be provided with home care in respect of the place by
13
the approved provider.
14
(2)
At the commencement time, the Secretary is taken to have, by written
15
notice given to the care recipient on the day this item commences, made
16
a determination under section 23B-1 of the new law that the care
17
recipient is a prioritised home care recipient in relation to the level of
18
care being provided to the care recipient immediately before the
19
commencement time.
20
(3)
This item does not prevent the variation or cessation, on or after the
21
commencement time, of a determination referred to in subitem (2).
22
79 Unspent home care amount
23
(1)
Paragraph 46-1(1)(f) of the Aged Care Act 1997 and the Aged Care
24
(Transitional Provisions) Act 1997, as inserted by this Schedule, applies
25
in relation to any unspent home care amount that relates to home care
26
subsidy, and home care fees, that were or are payable in respect of
27
1 July 2015 or any later day.
28
(2)
Subsection 95-1(3) of the Aged Care Act 1997, as inserted by this
29
Schedule, applies in relation to any Commonwealth portion of unspent
30
home care amount that relates to home care subsidy that was or is
31
payable in respect of 1 July 2015 or any later day.
32
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Application and transitional provisions Part 3
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Aged Care Legislation Amendment (Increasing Consumer Choice) Bill
2016
25
80 Responsibilities of approved providers
1
To avoid doubt, paragraph 63-1(1)(e) of the old law continues to apply
2
in relation to a place allocated in respect of home care subsidy that is
3
transferred before the commencement time.
4
81 Information about number of places included in home
5
care services before commencement
6
The Secretary may, at any time after the commencement time, make
7
publicly available the number of places included in a home care service
8
immediately before the commencement time.
9
82 Delegation
10
The amendments of subsection 96-2(1) of the Aged Care Act 1997 and
11
the Aged Care (Transitional Provisions) Act 1997 made by this
12
Schedule do not affect the continuity of any delegation that is in force
13
under those subsections immediately before the commencement time.
14
83 Transitional rules
15
(1)
The Minister may, by legislative instrument, make rules prescribing
16
matters of a transitional nature (including prescribing any saving or
17
application provisions) relating to the amendments or repeals made by
18
this Act.
19
(2)
To avoid doubt, the rules may not do the following:
20
(a) create an offence or civil penalty;
21
(b) provide powers of:
22
(i) arrest or detention; or
23
(ii) entry, search or seizure;
24
(c) impose a tax;
25
(d) set an amount to be appropriated from the Consolidated
26
Revenue Fund under an appropriation in this Act;
27
(e) directly amend the text of this Act.
28
(3)
This Act (other than subitem (2)) does not limit the rules that may be
29
made for the purposes of subitem (1).
30