Commonwealth of Australia Explanatory Memoranda

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AGED CARE (LIVING LONGER LIVING BETTER) BILL 2013

                         2010-2011-2012-2013




 THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                                SENATE



 AGED CARE (LIVING LONGER LIVING BETTER) BILL 2013




ADDITIONAL SUPPLEMENTARY EXPLANATORY MEMORANDUM




    Amendments to be Moved on Behalf of the Government - BX255




(Circulated by the authority of the Minister for Mental Health and Ageing,
                        the Hon Mark Butler MP)
           AGED CARE (LIVING LONGER LIVING BETTER) BILL 2013

OUTLINE

The Living Longer Living Better aged care reform package was announced on 20 April 2012.
The package encompasses a comprehensive ten year plan to reshape aged care.

The Aged Care (Living Longer Living Better) Bill 2013 is one of five Bills amending the
Aged Care Act 1997 and related legislation to give effect to the Living Longer Living Better
reforms.

The Aged Care (Living Longer Living Better) Bill 2013 implements reforms in four key
areas: changes relating to residential care; changes to establish a new type of care (home
care); changes relating to governance and administration; and changes that are minor,
administrative or consequential.

These Government amendments change the commencement date of Schedule 1 and Part 1 of
Schedule 4 from 1 July 2013 to 1 August 2013. The amendments in these Schedules relate
primarily to changes from community care to home care.

Financial Impact Statement
The proposed Government amendments will not have any impact on the overall costings for
the package of reforms.

                   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) Bill 2013

The Government amendments are 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 Government amendments
The proposed Government amendments change the commencement date of Schedule 1 and
Part 1 of Schedule 4 from 1 July 2013 to 1 August 2013.

Human Rights Implications
A detailed Human Rights Statement was prepared for the Aged Care (Living Longer Living
Better) Bill 2013. These amendments do not affect compatibility with any of the human
rights or freedoms identified in that Statement.

Conclusion
The proposed Government amendments do not engage any human rights issues beyond those
identified in the original Statement of Compatibility of Human Rights prepared for the Aged
Care (Living Longer Living Better) Bill 2013.

           The Hon Mark Butler MP, Minister for Mental Health and Ageing




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            AGED CARE (LIVING LONGER LIVING BETTER) BILL 2013

NOTES ON CLAUSES

Items 1, 2, 3 and 4 - Commencement

These items amend the Aged Care (Living Longer Living Better) Bill 2013 so that any
references to 1 July 2013 are replaced with a reference to 1 August 2013.

The effect of this is to delay the start date for the changes relating to home care (and related
changes) by one month.

This is necessary given the timing of the debate on the Aged Care (Living Longer Living
Better) Bill 2013. If the Bill is passed by Parliament, it is unlikely that this will occur before
26 June 2013. Royal Assent will then need to be achieved before the Bill takes effect.

This leaves inadequate time for aged care providers and other stakeholders to understand and
comply with their changed legislative obligations. These Government amendments therefore
change the commencement date from 1 July 2013 to 1 August 2013.

Provisions of the Act that were due to commence at later dates (that is, provisions due to
commence on 1 August 2013, 1 January 2014 or 1 July 2014) will be unaffected.




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