Aged Care Legislation Amendment (Increasing Consumer Choice) Act 2016
An Act to amend the law relating to aged care, and for related purposes
1 Short title
Cites the Act by its short title and number.
aged-care-legislation-amendment-increasing-consumer-choice-act-2016.pdf, p.5
2 Commencement
aged-care-legislation-amendment-increasing-consumer-choice-act-2016.pdf, p.6
1 Section 1
18 March 2016
2 Section 2
27 February 2017.
27 February
3 Section 3
Prohibition on commencement if Schedule 1 commences before February 27, 2017.
Schedule 1 commences on or before February 27, 2017.
The commencement dates of Schedule 1 and the provisions are equal.
4 Section 4
5 Section 5
Note: This table relates only to the provisions of this Act as originally enacted.
3 Schedules
Legislation in schedules is amended or repealed according to its terms.
aged-care-legislation-amendment-increasing-consumer-choice-act-2016.pdf, p.7
1 Paragraph 3-2(b)
Insertion of phrase for residential care services and flexible care services
aged-care-legislation-amendment-increasing-consumer-choice-act-2016.pdf, p.8
2 Section 5-1
Omit certain provisions related to aged care services.
Classifies the aged care service in question.
3 Section 5-2 (table item 2, column headed “Home care
aged-care-legislation-amendment-increasing-consumer-choice-act-2016.pdf, p.9
4 Section 5-2 (after table item 3)
5 Paragraph 8-1(2)(b)
Omit ‘*aged care service’ and substitute ‘residential care service or flexible care service’.
Prohibits the use of ‘*aged care service’.
6 Subparagraphs 8-1(2)(b)(i) and (ii)
Substitute 'service' for 'aged care service'
7 At the end of subsection 8-1(2)
Notify Secretary of home care information
8 Subsections 8-1(3) and (4)
9 Subsection 8-3(1)
Repeal subsection and substitute with Schedule 1 Amendments
10 Subsection 8-3(2)
Modify paragraph (1)(a), (b), (d), (e) or (f)
aged-care-legislation-amendment-increasing-consumer-choice-act-2016.pdf, p.10
11 Subsection 8-3(5)
12 Subsection 8-3(6)
Modify paragraph numbers in subsection 8-3(6)
13 Subsection 8-3(6A)
14 Before paragraph 8-5(2)(a)
15 Paragraph 8-5(2)(b)
aged-care-legislation-amendment-increasing-consumer-choice-act-2016.pdf, p.11
16 Paragraph 8-5(2)(d)
Modify approval statement for residential care services
17 Subparagraphs 8-5(2)(d)(i) and (ii)
18 Paragraph 8-5(2)(da)
Notify Secretary of information required by section 9-1A for each home care service.
19 Paragraphs 8-5(2)(e) and 8-6(2)(a)
20 Before section 9-1
Notify Secretary about home care services
21 Subsections 9-1(3B) and 9-2(2A)
aged-care-legislation-amendment-increasing-consumer-choice-act-2016.pdf, p.12
22 Paragraph 10-1(1)(a)
23 Section 10-2
24 Section 11-1
Substitute residential care or flexible care for 'aged care'
25 Section 11-4
Substitute residential care subsidy or flexible care subsidy
26 Subsections 12-1(1), 12-3(1) and 12-4(1)
27 Subsection 12-4(3)
28 Subsections 12-5(1) and 12-6(1)
Substitute residential care subsidy and flexible care subsidy
29 Subsection 12-6(2)
Substitute subsidy type in regional definition
aged-care-legislation-amendment-increasing-consumer-choice-act-2016.pdf, p.13
30 Subsection 14-1(1)
Replace 'a particular type of subsidy' with 'residential care subsidy or flexible care subsidy'
31 Paragraph 16-2(4)(a)
Prohibits the inclusion of a specific phrase.
32 Paragraph 18-5(1)(b)
33 Section 21-1
Insert 'one or more of the following' after 'receive'
34 Paragraphs 21-1(a) and (b)
35 Paragraph 21-2(b)
Repeal paragraph and substitute with new provision
36 Paragraph 21-3(a)
37 Paragraph 21-3(b)
Repeal paragraph and substitute with home care services
38 Paragraph 21-4(a)
39 After section 22-2
aged-care-legislation-amendment-increasing-consumer-choice-act-2016.pdf, p.14
39(1) After section 22-2
Determine priority for home care services after approval
39(2) After section 22-2
The Secretary may vary a person's priority for home care services.
39(3) After section 22-2
Determination of priority for home care services must be consistent with the person's care needs.
The state must ensure that determinations of priority for home care services are consistent with the person's care needs.
The determination of priority for home care services contains the person's care needs.
The determination of priority for home care services is a trace that contains the person's care needs.
The determination of priority for home care services diffuses the person's care needs.
The determination of priority for home care services is a cognitive action that contains the person's care needs.
40 Subsection 22-4(2)
Substitution of phrase in subsection (2A)
41 After subsection 22-4(2)
Assessment must include an assessment of the person's priority for home care services.
42 After paragraph 22-6(2)(c)
Priority for home care services after approval
Establishes an obligation for the state to prioritize home care services
43 At the end of subsection 22-6(3)
Variation of home care services priority
44 After Part 2.3
aged-care-legislation-amendment-increasing-consumer-choice-act-2016.pdf, p.15
45 Section 40-1
aged-care-legislation-amendment-increasing-consumer-choice-act-2016.pdf, p.17
46 At the end of section 45-1
Approved providers must deal with unspent home care amounts according to User Rights Principles.
aged-care-legislation-amendment-increasing-consumer-choice-act-2016.pdf, p.18
47 Section 46-1
47(1) Section 46-1
Eligibility for home care subsidy based on conditions
The approved provider must provide the care recipient with such home care (if any) as is required under the home care agreement.
There is in force a home care agreement under which a care recipient approved under Part 2.3 is to be provided with home care by the approved provider through a home care service.
The approved provider provides the care recipient with such home care (if any) as is required under the home care agreement.
The day on which the approved provider provides the care recipient with such home care (if any) as is required under the home care agreement must overlap with the day on which the care recipient is a prioritised home care recipient.
On that day, the approved provider provides the care recipient with such home care (if any) as is required under the home care agreement.
The day on which the approved provider provides the care recipient with such home care (if any) as is required under the home care agreement overlaps with the day on which the care recipient is a prioritised home care recipient.
The approved provider must provide the care recipient with such home care (if any) as is required under the home care agreement on each day that the care recipient is a prioritised home care recipient.
The approved provider provides the care recipient with such home care (if any) as is required under the home care agreement on each day that the care recipient is a prioritised home care recipient.
The approved provider must agree in the claim relating to the day to deal with the care recipient’s unspent home care amount in accordance with the User Rights Principles.
The approved provider has agreed in the claim relating to the day to deal with the care recipient’s unspent home care amount in accordance with the User Rights Principles.
The approved provider agrees in the claim relating to the day to deal with the care recipient’s unspent home care amount in accordance with the User Rights Principles.
47(2) Section 46-1
Approved provider must notify Secretary of home care service information.
Notification of home care service information
48 Section 46-3
aged-care-legislation-amendment-increasing-consumer-choice-act-2016.pdf, p.19
49 Paragraph 56-2(f)
50 Paragraph 63-1(1)(c)
51 Section 85-1 (after table item 25)
Inserts new subsections for determining and varying priority for home care services
52 Paragraph 86-9(1)(b)
53 After paragraph 86-9(1)(b)
Must provide care recipients count for home care services.
aged-care-legislation-amendment-increasing-consumer-choice-act-2016.pdf, p.20
Obligation to provide care recipients count.
54 At the end of section 95-1
The Commonwealth portion of a care recipient's unspent home care amount is recoverable if certain conditions are met.
The Commonwealth portion of a care recipient's unspent home care amount is recoverable.
The approved provider was paid an amount of home care subsidy in respect of the care recipient.
The approved provider was paid an amount of home care subsidy after this subsection commenced.
After this subsection commenced, the approved provider was paid an amount of home care subsidy in respect of the care recipient.
The approved provider was paid an amount of home care subsidy during this subsection.
The Commonwealth portion is not payable to any other approved provider of home care.
The Commonwealth portion is not payable under the User Rights Principles to any other approved provider of home care.
The Commonwealth portion of a care recipient's unspent home care amount relates to *home care subsidy, or home care fees.
55 Section 96-1 (after table item 16)
56 Subsection 96-2(1)
57 Clause 1 of Schedule 1
Defines 'unspent home care amount' for Commonwealth purposes.
aged-care-legislation-amendment-increasing-consumer-choice-act-2016.pdf, p.21
Establishes a term with a specific meaning.
58 Clause 1 of Schedule 1 (definition of place)
59 Clause 1 of Schedule 1
Definition of prioritised home care recipient
prioritised home care recipient is a subclass of person
User Rights Principles apply to prioritised home care recipients
user rights principles are defined for care recipients
Prioritized home care recipient is a type of care recipient
60 Paragraph 3-2(b)
61 Section 40-1
Certain responsibilities arise from receipt of payments under this Chapter.
Obligation to provide certain responsibilities
62 At the end of section 45-1
Approved provider must deal with unspent home care amount according to User Rights Principles.
aged-care-legislation-amendment-increasing-consumer-choice-act-2016.pdf, p.22
63 Section 46-1
63(1) Section 46-1
Approved provider must provide home care to prioritised recipient if required under agreement.
63(2) Section 46-1
Approved provider must notify the Secretary of information required by section 9-1A.
64 Section 46-3
aged-care-legislation-amendment-increasing-consumer-choice-act-2016.pdf, p.23
65 Subsection 96-2(1)
Delegate powers and functions to a person engaged by an Agency or authority.
66 Clause 1 of Schedule 1 (definition of place)
Omit “, home care” from definition of place.
67 Clause 1 of Schedule 1
Defines terms for home care recipients and amounts.
68 Paragraph 16-14(4)(a)
aged-care-legislation-amendment-increasing-consumer-choice-act-2016.pdf, p.24
69 Paragraph 16-13(4)(a)
70 Definitions
aged-care-legislation-amendment-increasing-consumer-choice-act-2016.pdf, p.25
71 Amendments relating to approval of providers
Amendments apply to applications made after or before the commencement time.
72 Obligation to notify Secretary about home care services
aged-care-legislation-amendment-increasing-consumer-choice-act-2016.pdf, p.26
73 Approvals to no longer lapse
Repeal of section 10-2 Aged Care Act 1997 approval
74 Applications relating to allocations of home care places
Application for home care subsidy is taken never to have been made if certain conditions are not met.
75 Planning the allocation of places
Applicability of amendments to financial years
aged-care-legislation-amendment-increasing-consumer-choice-act-2016.pdf, p.27
76 Cessation of places for home care subsidy
Ceases allocation of place at commencement time
Requires temporal relation between intervals
Allocation ceases to have effect at that time
77 Priority for home care services
Must provide priority for home care services
78 Prioritised home care recipients
Approved provider must hold allocation of place for home care subsidy in force under Part 2.2 of the Aged Care Act 1997.
aged-care-legislation-amendment-increasing-consumer-choice-act-2016.pdf, p.28
Must hold allocation of place for home care subsidy in force
(a) during the relevant day the approved provider holds an allocation of a place for home care subsidy that is in force under Part 2.2 of the Aged Care Act 1997;
The approved provider must hold an allocation of a place for home care subsidy in force
Must be allocated a place for home care subsidy under Part 2.2 of the Aged Care Act 1997
(b) during the relevant day there is in force a home care agreement under which a care recipient, approved under section 46-1 of the Aged Care Act 1997 or section 46-1 of the Aged Care (Transitional Provisions) Act 1997, for home care subsidy
There must be an allocation of a place for home care subsidy under Part 2.2 of the Aged Care Act 1997
Must have been allocated a place for home care subsidy on or before the relevant day
The approved provider must have been allocated a place for home care subsidy on or before the relevant day
Must not have ceased allocation of place for home care subsidy by the relevant day
The approved provider must not have ceased allocation of a place for home care subsidy by the relevant day
Must provide evidence of allocation of place for home care subsidy under Part 2.2 of the Aged Care Act 1997
The approved provider must provide evidence of allocation of a place for home care subsidy under Part 2.2 of the Aged Care Act 1997
79 Unspent home care amount
Applicability of Aged Care Act provisions to unspent home care amounts
1 July 2015 or any later day.
Applicable subsection of Aged Care Act 1997
Subsection applies to certain home care subsidy
Subsection 95-1(3) of the Aged Care Act 1997
80 Responsibilities of approved providers
Continuation of old law provision in relation to home care subsidy transfer
aged-care-legislation-amendment-increasing-consumer-choice-act-2016.pdf, p.29
81 Information about number of places included in home
Publicly available information about home care services
82 Delegation
Delegation continuity unaffected by amendments
83 Transitional rules
Minister may make rules for transitional matters