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2016
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
AGED CARE (LIVING LONGER LIVING BETTER) AMENDMENT (REVIEW) BILL 2016
EXPLANATORY MEMORANDUM
AND
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of the Hon Julie Collins MP
Aged Care (Living Longer Living Better) Amendment (Review) Bill 2016
OUTLINE
This Bill amends the independent review provisions contained in the Aged Care (Living
Longer Living Better) Bill 2013 to specifically include a review of the funding arrangements
for residential aged care.
The changes arising from this Bill respond to the lack of certainty and sustainability of
future residential aged care funding and the need to review the Aged Care Funding
Instrument.
FINANCIAL IMPACT
The Bill will have no financial impact.
NOTES ON CLAUSES
Clause 1 - Short Title
This is a formal provision which provides that the Bill, once enacted, can be cited as the
Aged Care (Living Longer Living Better) Amendment (Review) Act 2016.
Clause 2 - Commencement
This clause provides that each provision of the Bill commences in accordance with the
table. Provisions, Schedules and Parts of Schedules commence as follows:
The whole of this Bill - the day the Act receives Royal Assent.
Clause 3 - Schedule(s)
This clause provides that each Act that is specified in a Schedule to this Bill is amended or
repealed as set out in the applicable item in the Schedule.
Schedule 1 - Amendments
Item 1
This item amends clause 4 of the Aged Care (Living Longer Living Better) Act 2013.
Subclause (1) provides for the Minister to cause an independent review of the operation
and amendments made by the Aged Care (Living Longer Living Better) Act 2013, the Aged
Care (Bond Security) Amendment Act 2013 and the Aged Care (Bond Security) Levy
Amendment Act 2013.
Subclause (2) describes the mandatory issues that the review described in subclause (1)
must take into account.
A new subclause (2A) provides for the Minister to cause an independent review of the
operation of Part 2.4 of the Aged Care Act 1997, the Classification Principles 2014 and the
Aged Care Funding Instrument.
A new subclause (2B) describes the mandatory issues that the review described in
subclause (2A) must take into account (when enacted).
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act
2011
Aged Care (Living Longer Living Better) Amendment (Review) Bill 2016
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
This Bill amends the independent review provisions contained in the Aged Care (Living
Longer Living Better) Bill 2013 to specifically include a review of the funding arrangements
for residential aged care.
The changes arising from this Bill respond to the lack of certainty and sustainability of
future residential aged care funding and the need to review the Aged Care Funding
Instrument.
Human rights implications
The Bill promotes the human right to health contained in Article 12 of the International
Covenant on Economic, Social and Cultural Rights.
The Bill introduces a review of the current funding arrangements for residential aged care.
The review will be used to ensure that the funding of residential aged care is providing
older Australians with a high standard of residential aged care.
Conclusion
This Bill is compatible with human rights because it promotes the human rights to the
highest attainable standard of physical and mental health.
The Hon Julie Collins MP