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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023-2024
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Aged Care Legislation Amendment Bill
2024
No. , 2024
(Health and Aged Care)
A Bill for an Act to amend the law relating to aged
care, and for related purposes
No. , 2024
Aged Care Legislation Amendment Bill 2024
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1
--
Residential care data assurance reviews
3
Aged Care Act 1997
3
Schedule 2
--
Amendments relating to income and asset
determinations and refundable deposit balances
9
Part 1
--
Provisions relating to income and asset determinations
9
Aged Care Act 1997
9
Aged Care (Transitional Provisions) Act 1997
26
Part 2
--
Information about refundable deposit balances
36
Aged Care Act 1997
36
Schedule 3
--
Accommodation payments after voluntary moves
within a service
37
Aged Care Act 1997
37
No. , 2024
Aged Care Legislation Amendment Bill 2024
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 is the
Aged Care Legislation Amendment Act 2024
.
5
2 Commencement
6
(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
2
Aged Care Legislation Amendment Bill 2024
No. , 2024
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. Schedules 1 to
3
The later of:
(a) 1 January 2025; and
(b) 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
Residential care data assurance reviews
Schedule 1
No. , 2024
Aged Care Legislation Amendment Bill 2024
3
Schedule
1--Residential care data assurance
1
reviews
2
3
Aged Care Act 1997
4
1 Section 84-1 (after paragraph (e))
5
Insert:
6
(f) residential care data assurance reviews (see Part 6.6);
7
2 Paragraph 86-9(1)(la)
8
After "section", insert "95A
-5, 95A-
6,".
9
3 Paragraph 86-9(1)(lb)
10
After "section", insert "95A
-
7 or".
11
4 After Part 6.5
12
Insert:
13
Part
6.6--Residential care data assurance reviews
14
Division
95A--Residential care data assurance reviews
15
95A-1 Residential care data assurance reviews
16
(1) The Secretary may, from time to time, conduct reviews (
residential
17
care
data assurance reviews
) for the purposes of:
18
(a) assuring the completeness, accuracy and reliability of
19
information and documents provided
to the Secretary by
20
approved providers in accordance with the responsibilities of
21
approved providers:
22
(i) set out in section 63-1BA or 63-1B; or
23
(ii) specified in the Accountability Principles for the
24
purposes of paragraph 63-1(1)(m); and
25
(b) informing development of residential care policy and
26
education of approved providers to assist them to provide
27
Schedule 1
Residential care data assurance reviews
4
Aged Care Legislation Amendment Bill 2024
No. , 2024
complete, accurate and reliable information and documents
1
as described in paragraph (a) of this subsection.
2
Note:
Residential care data assurance reviews may be conducted
3
periodically or on an ad hoc basis.
4
(2) Subsection (1) applies only to the extent that the information and
5
documents relate to residential care.
6
95A-2 Scope of residential care data assurance reviews
7
The Secretary may, in writing, specify terms of reference for a
8
*
residential care data assurance review, including:
9
(a) the approved providers, or class or classes of approved
10
providers, to which the review is to relate; and
11
(b) the subject matter of the review, which must be either or both
12
of the following:
13
(i) the completeness, accuracy and reliability of a specified
14
class or classes of information or documents covered by
15
paragraph 95A-1(1)(a);
16
(ii)
approved providers' procedures and documentation in
17
relation to the providing of information or documents
18
covered by that paragraph.
19
Note:
If residential care data assurance reviews are to be conducted
20
periodically, the terms of reference for the reviews may specify when
21
the reviews are to be conducted.
22
95A-3 Reports on residential care data assurance reviews
23
Reports for publication
24
(1) The Secretary may prepare and publish reports on
*
residential care
25
data assurance reviews, dealing with any findings, conclusions or
26
recommendations made as a result of the reviews.
27
(2) A report under subsection (1) must not include
*
personal
28
information.
29
Residential care data assurance reviews
Schedule 1
No. , 2024
Aged Care Legislation Amendment Bill 2024
5
Other reports
1
(3) The Secretary may prepare a report on any particular
*
residential
2
care data assurance review, dealing with any findings, conclusions
3
or recommendations made as a result of the review.
4
Note:
A report may relate to a part of the review.
5
(4) If the Secretary prepares a report under subsection (3), the
6
Secretary may give a copy of the report to any approved provider
7
to which the review relates.
8
95A-4 Assistance in conducting and reporting on residential care
9
data assurance reviews
10
(1) The Secretary may be assisted in the conduct of
*
residential care
11
data assurance reviews and the preparation of any reports on the
12
reviews by:
13
(a) APS employees in the Department; and
14
(b) persons engaged under contract by the Secretary to assist in
15
the conduct of the reviews and preparation of the reports; and
16
(c) any persons employed or engaged (however described) by
17
the persons referred to in paragraph (b).
18
(2) However, the power to give an approved provider a notice under
19
section 95A-5 (notice to give information or documents) or 95A-6
20
(notice to answer questions) may not be exercised by a person
21
assisting the Secretary under subsection (1) of this section unless
22
the power has been delegated to the person under
23
subsection 96-2(1A).
24
95A-5 Notice to give information or documents
25
(1) If the Secretary reasonably believes that an approved provider that
26
is a
*
corporation has information or documents relevant to the
27
subject matter of a
*
residential care data assurance review, the
28
Secretary may, by written notice given to the approved provider,
29
require the approved provider to give the Secretary such
30
information or documents (or copies of documents) as are specified
31
in the notice.
32
(2) The notice:
33
Schedule 1
Residential care data assurance reviews
6
Aged Care Legislation Amendment Bill 2024
No. , 2024
(a) must specify the period within which, and the manner in
1
which, the information or documents (or copies) are to be
2
given; and
3
(b) may specify the form in which information is to be given.
4
(3) The period specified under paragraph (2)(a) must not end earlier
5
than 14 days after the day the notice is given.
6
(4) An approved provider must comply with a requirement of the
7
notice.
8
Civil penalty:
30 penalty units.
9
(5) An approved provider is entitled to be paid by the Commonwealth
10
reasonable compensation for complying with a requirement of a
11
notice given to the approved provider under subsection (1) to give
12
copies of documents.
13
95A-6 Notice to answer questions
14
(1) If the Secretary reasonably believes that an approved provider that
15
is a
*
corporation has information relevant to the subject matter of a
16
*
residential care data assurance review, the Secretary may, by
17
written notice given to the approved provider, require the approved
18
provider to make available any of the following persons as
19
appropriate to answer questions relating to the information:
20
(a) officers, employees or agents of the approved provider;
21
(b) other persons engaged (however described) by the approved
22
provider.
23
(2) The notice must specify:
24
(a) the person or persons assisting the Secretary in the conduct of
25
the review (as mentioned in subsection 95A-4(1)) who will
26
be asking the questions; and
27
(b) the time or times at which, and the means by which, the
28
questions are to be asked and answered.
29
(3) The time, or the earliest time, specified under paragraph (2)(b)
30
must be at least 14 days after the notice is given.
31
(4) The approved provider must comply with a requirement of the
32
notice.
33
Residential care data assurance reviews
Schedule 1
No. , 2024
Aged Care Legislation Amendment Bill 2024
7
Civil penalty:
30 penalty units.
1
95A-7 Duty to provide all reasonable facilities and assistance
2
An approved provider that is a
*
corporation to which a
*
residential
3
care data assurance review relates must provide the person
4
conducting the review, and any individuals assisting that person,
5
with all reasonable facilities and assistance necessary for the
6
effective exercise of the person's duties in relation to the review.
7
Civil penalty:
30 penalty units.
8
95A-8 Request for information or documents
9
(1) If the Secretary reasonably believes that a person (including an
10
approved provider that is not a
*
corporation) has information or
11
documents relevant to the subject matter of a
*
residential care data
12
assurance review, the Secretary may request the person to give the
13
Secretary any such information or documents (or copies of any
14
such documents).
15
(2) The person is not required to comply with the request.
16
Division
95B--Infringement notices
17
95B-1 Infringement notices
18
Provisions subject to an infringement notice
19
(1) Each
*
civil penalty provision of this Part is subject to an
20
infringement notice under Part 5 of the
*
Regulatory Powers Act.
21
Note:
Part 5 of the Regulatory Powers Act creates a framework for using
22
infringement notices in relation to provisions.
23
Infringement officer and relevant chief executive
24
(2) For the purposes of Part 5 of the
*
Regulatory Powers Act, the
25
Secretary is:
26
(a) an infringement officer; and
27
(b) the relevant chief executive;
28
Schedule 1
Residential care data assurance reviews
8
Aged Care Legislation Amendment Bill 2024
No. , 2024
in relation to the provisions mentioned in subsection (1) of this
1
section.
2
Delegation by the Secretary
3
(3) The Secretary may, in writing, delegate to an SES employee or
4
acting SES employee in the Department the Secretary's powers
5
and functions, under Part 5 of the
*
Regulatory Powers Act, as an
6
infringement officer or as the relevant chief executive in relation to
7
the provisions mentioned in subsection (1) of this section.
8
(4) In exercising powers or performing functions delegated under
9
subsection (3), the delegate must comply with any directions of the
10
Secretary.
11
Extension to external Territories
12
(5) Part 5 of the
*
Regulatory Powers Act, as it applies in relation to the
13
provisions mentioned in subsection (1) of this section, extends to
14
the same external Territories in which this Act applies.
15
Note:
See section 4-1 for the external Territories in which this Act applies.
16
5 Subsection 96-2(1A)
17
After "under section", insert "95A
-5, 95A-
6,".
18
6 Clause 1 of Schedule 1
19
Insert:
20
residential care data assurance review
: see section 95A-1.
21
7 Application of amendments
22
The amendments of the
Aged Care Act 1997
made by this Schedule
23
apply in relation to information and documents provided, or required to
24
be provided, by an approved provider before, on or after the
25
commencement of this item.
26
Amendments relating to income and asset determinations and refundable deposit
balances
Schedule 2
Provisions relating to income and asset determinations
Part 1
No. , 2024
Aged Care Legislation Amendment Bill 2024
9
Schedule
2--Amendments relating to income
1
and asset determinations and
2
refundable deposit balances
3
Part
1--Provisions relating to income and asset
4
determinations
5
Aged Care Act 1997
6
1 Subsection 44-22(1) (at the end of the means tested amount
7
calculator)
8
Add:
9
Note:
If either the income tested amount or the per day asset
10
tested amount cannot be worked out, the means tested
11
amount cannot be determined. This might be because the
12
care recipient has not provided sufficient information
13
about their income or assets, or a determination relating
14
to their income or assets is revoked.
15
2 At the end of subsection 44-24(9)
16
Add:
17
Note:
A determination may be varied under section 44-25 or revoked under
18
section 44-25A.
19
3 Subsection 44-24(10)
20
Repeal the subsection, substitute:
21
(10) Within 14 days after making a determination under subsection (1)
22
or paragraph (2)(b), (3)(b), (3A)(b) or (4)(b), the Secretary must
23
give the care recipient:
24
(a) written notice of the making of the determination; and
25
(b) a copy of the determination.
26
Note:
Reasons for the decision must be included in the notice: see
27
section 85-3.
28
4 After section 44-24
29
Insert:
30
Schedule 2
Amendments relating to income and asset determinations and refundable
deposit balances
Part 1
Provisions relating to income and asset determinations
10
Aged Care Legislation Amendment Bill 2024
No. , 2024
44-25 Variation of determination relating to
total assessable income
1
Variation of determination
2
(1) The Secretary may, by written instrument, vary a determination
3
made under subsection 44-24(1) or paragraph 44-24(2)(b), (3)(b),
4
(3A)(b) or (4)(b) in relation to a care recipient.
5
Note 1:
Variations of determinations are reviewable under Part 6.1.
6
Note 2:
A determination may be revoked under section 44-25A.
7
Note 3:
The amount of residential care subsidy payable for a care recipient in
8
respect of a payment period is calculated in accordance with the
9
determination in force for the care recipient for that period.
10
(2) The determination may be varied:
11
(a) on the application of the care recipient; or
12
(b) on the
Secretary's own initiative.
13
(3) Without limiting subsection (1), the determination may be varied if
14
updated information has been provided to the Secretary in relation
15
to the care recipient's income
.
16
Variation on application
17
(4) An application for the purposes of paragraph (2)(a) must be in a
18
form approved by the Secretary.
19
(5) If the Secretary needs further information to make a decision on
20
the application, the Secretary may, by written notice, request the
21
care recipient to give the Secretary the further information within
22
the period specified in the notice (which must not be less than 28
23
days after giving the notice).
24
Note:
The care recipient is not obliged to give the information.
25
(6) The application is taken to be withdrawn if the care recipient does
26
not give the further information within the specified period.
27
(7) The Secretary must:
28
(a) consider an application made in accordance with
29
subsection (4) and any further information given in
30
accordance with a request under subsection (5); and
31
(b) make a decision on the application.
32
Amendments relating to income and asset determinations and refundable deposit
balances
Schedule 2
Provisions relating to income and asset determinations
Part 1
No. , 2024
Aged Care Legislation Amendment Bill 2024
11
Note:
Refusals under this subsection to vary a determination are reviewable
1
under Part 6.1.
2
Variation on Secretary's initiative
3
(8) Before the Secretary makes an instrument under subsection (1)
4
varying a determination
on the Secretary's own initiative
, the
5
Secretary must give the care recipient written notice that the
6
Secretary is considering varying the determination.
7
(9) The notice must:
8
(a) set out the reasons why the Secretary is considering varying
9
the determination, and what the effect of the variation would
10
be; and
11
(b) invite the care recipient to make a submission, in writing, to
12
the Secretary in relation to the matter within the period
13
specified in the notice (which must not be less than 28 days
14
after giving the notice); and
15
(c) inform the care recipient that the Secretary may decide to
16
vary the determination:
17
(i) if no submission is made within the specified period; or
18
(ii) after considering any submission made by the care
19
recipient within the specified period.
20
(10) The Secretary may also request, in the notice given under
21
subsection (8), that the care recipient give the Secretary the
22
information specified in the notice, within the period specified in
23
the notice for the purposes of paragraph (9)(b), to assist the
24
Secretary to decide whether to vary the determination.
25
Note:
The care recipient is not obliged to give the information.
26
(11) If the care recipient makes a submission in accordance with the
27
invitation under
paragraph (9)(b), the Secretary may, by written
28
notice, request the care recipient to give the Secretary further
29
information, within the period specified in the notice (which must
30
not be less than 28 days after giving the notice), to assist the
31
Secretary to decide whether to vary the determination.
32
Note 1:
The Secretary may request further information under this subsection
33
regardless of whether information was requested or given under
34
subsection (10).
35
Note 2:
The care recipient is not obliged to give the information.
36
Schedule 2
Amendments relating to income and asset determinations and refundable
deposit balances
Part 1
Provisions relating to income and asset determinations
12
Aged Care Legislation Amendment Bill 2024
No. , 2024
(12) The Secretary must:
1
(a) consider any submission made in accordance with the
2
invitation under
paragraph (9)(b) and any further information
3
given in accordance with a request under subsection (10) or
4
(11); and
5
(b) make a decision whether to vary the determination.
6
Notice and effect of decision
7
(13) Within 14 days after making a decision to vary a determination
8
under subsection (1), or a decision under subsection (7) or (12) not
9
to vary a determination, the Secretary must give the care recipient:
10
(a) written notice of the decision; and
11
(b) if the decision is to vary the determination
--
a copy of the
12
instrument under subsection (1) so varying the determination.
13
Note:
If the Secretary decides to vary a determination under subsection (1),
14
or decides under subsection (7) not to vary a determination, the notice
15
under this subsection must include reasons for the decision: see
16
section 85-3.
17
(14) If the Secretary is aware that the care recipient has given an
18
approved provider a copy of the determination, the Secretary must
19
also give the notice under subsection (13), and (if relevant) a copy
20
of the instrument under subsection (1), to the approved provider.
21
(15) If a determination is varied under subsection (1):
22
(a) on application by the care recipient, the variation takes effect
23
on the day specified in the instrument (which may be before
24
the instrument is made); or
25
(b)
on the Secretary's initiative
, the variation takes effect on the
26
day specified in the instrument (which must not be before the
27
instrument is made).
28
Additional matters
29
(16) An instrument made under subsection (1) is not a legislative
30
instrument.
31
(17) Subsection (1) does not, by implication, limit the application of
32
subsection 33(3) of the
Acts Interpretation Act 1901
to other
33
instruments under this Act.
34
Amendments relating to income and asset determinations and refundable deposit
balances
Schedule 2
Provisions relating to income and asset determinations
Part 1
No. , 2024
Aged Care Legislation Amendment Bill 2024
13
44-25A Revocation of determination relating to
total assessable
1
income
2
Revocation of determination
3
(1) The Secretary may, by written instrument, revoke a determination
4
made under subsection 44-24(1) or paragraph 44-24(2)(b), (3)(b),
5
(3A)(b) or (4)(b) in relation to a care recipient if the Secretary is
6
satisfied that the determination is incorrect.
7
Note 1:
Revocations of determinations are reviewable under Part 6.1.
8
Note 2:
A determination may be varied under section 44-25.
9
(2) The determination may be revoked:
10
(a) on the application of the care recipient; or
11
(b)
on the Secretary's own initiative.
12
Revocation on application
13
(3) An application for the purposes of paragraph (2)(a) must be in a
14
form approved by the Secretary.
15
(4) If the Secretary needs further information to make a decision on
16
the application, the Secretary may, by written notice, request the
17
care recipient to give the Secretary the further information within
18
the period specified in the notice (which must not be less than 28
19
days after giving the notice).
20
Note:
The care recipient is not obliged to give the information.
21
(5) The application is taken to be withdrawn if the care recipient does
22
not give the further information within the specified period.
23
(6) The Secretary must:
24
(a) consider an application made in accordance with
25
subsection (3) and any further information given in
26
accordance with a request under subsection (4); and
27
(b) make a decision on the application.
28
Note:
Refusals under this subsection to revoke a determination are
29
reviewable under Part 6.1.
30
Schedule 2
Amendments relating to income and asset determinations and refundable
deposit balances
Part 1
Provisions relating to income and asset determinations
14
Aged Care Legislation Amendment Bill 2024
No. , 2024
Revocation on Secretary's initiative
1
(7) Before the Secretary makes an instrument under subsection (1)
2
revoking a determination on the Secretary's own initiative
, the
3
Secretary must give the care recipient written notice that the
4
Secretary is considering revoking the determination.
5
(8) The notice must:
6
(a) set out the reasons why the Secretary is considering revoking
7
the determination, and what the effect of the revocation
8
would be; and
9
(b) invite the care recipient to make a submission, in writing, to
10
the Secretary in relation to the matter within the period
11
specified in the notice (which must not be less than 28 days
12
after giving the notice); and
13
(c) inform the care recipient that the Secretary may decide to
14
revoke the determination:
15
(i) if no submission is made within the specified period; or
16
(ii) after considering any submission made by the care
17
recipient within the specified period.
18
(9) The Secretary may also request, in the notice given under
19
subsection (7), that the care recipient give the Secretary the
20
information specified in the notice, within the period specified in
21
the notice for the purposes of paragraph (8)(b), to assist the
22
Secretary to decide whether to revoke the determination.
23
Note:
The care recipient is not obliged to give the information.
24
(10) If the care recipient makes a submission in accordance with the
25
invitation under paragraph (8)(b), the Secretary may, by written
26
notice, request the care recipient to give the Secretary further
27
information, within the period specified in the notice (which must
28
not be less than 28 days after giving the notice), to assist the
29
Secretary to decide whether to revoke the determination.
30
Note 1:
The Secretary may request further information under this subsection
31
regardless of whether information was requested or given under
32
subsection (9).
33
Note 2:
The care recipient is not obliged to give the information.
34
(11) The Secretary must:
35
Amendments relating to income and asset determinations and refundable deposit
balances
Schedule 2
Provisions relating to income and asset determinations
Part 1
No. , 2024
Aged Care Legislation Amendment Bill 2024
15
(a) consider any submission made in accordance with the
1
invitation under paragraph (8)(b) and any further information
2
given in accordance with a request under subsection (9) or
3
(10); and
4
(b) make a decision whether to revoke the determination.
5
Notice and effect of decision
6
(12) Within 14 days after making a decision to revoke a determination
7
under subsection (1), or a decision under subsection (6) or (11) not
8
to revoke a determination, the Secretary must give the care
9
recipient written notice of:
10
(a) the decision; and
11
(b) if the decision is to revoke the determination
--
the day the
12
determination ceases to be in force.
13
Note:
If the Secretary decides to revoke a determination under
14
subsection (1), or decides under subsection (6) not to revoke a
15
determination, the notice under this subsection must include reasons
16
for the decision: see section 85-3.
17
(13) If the Secretary is aware that the care recipient has given an
18
approved provider a copy of the determination, the Secretary must
19
also give the notice under subsection (12) to the approved provider.
20
(14) If a determination is revoked under subsection (1), the
21
determination ceases to be in force on the day specified in the
22
instrument (which may be before the instrument is made).
23
Additional matters
24
(15) An instrument made under subsection (1) is not a legislative
25
instrument.
26
(16) Subsection (1) does not, by implication, limit the application of
27
subsection 33(3) of the
Acts Interpretation Act 1901
to other
28
instruments under this Act.
29
5 At the end of subsection 44-26A(1)
30
Add:
31
Note:
A person may apply to the Secretary for a determination of the value
32
of the person's assets: see
section 26C.
33
Schedule 2
Amendments relating to income and asset determinations and refundable
deposit balances
Part 1
Provisions relating to income and asset determinations
16
Aged Care Legislation Amendment Bill 2024
No. , 2024
6 Subsection 44-26C(1)
1
Omit "the person".
2
7 Paragraphs 44-26C(1)(a) and (b)
3
Repeal the paragraphs, substitute:
4
(a) the person applies in the approved form for the
5
determination; and
6
(b) the Secretary is given sufficient information to make the
7
determination.
8
8 After subsection 44-26C(1)
9
Insert:
10
Requesting further information
11
(1A) The Secretary may, by written notice, request one or more of the
12
following persons to give the Secretary, within the period specified
13
in the notice (which must not be less than 28 days after giving the
14
notice), the information specified in the notice for the purposes of
15
making the determination:
16
(a) the person referred to in subsection (1);
17
(b) a person acting for or on behalf of the person referred to in
18
subsection (1);
19
(c) any other person whom the Secretary believes has
20
information that would assist the Secretary in making the
21
determination.
22
Note:
A person is not obliged to give the information.
23
9 Subsection 44-26C(2)
24
After
"the person",
insert
"
referred to in subsection (1)
".
25
10 At the end of subsection 44-26C(3)
26
Add:
27
Note:
A determination may be varied under section 44-26D or revoked
28
under section 44-26E.
29
11 Subsections 44-26C(4) and (5)
30
Repeal the subsections, substitute:
31
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Schedule 2
Provisions relating to income and asset determinations
Part 1
No. , 2024
Aged Care Legislation Amendment Bill 2024
17
(4)
The value of the person's assets determined under
subsection (1) is
1
the value of the person's ass
ets for the purposes of section 44-26A
2
for the period the determination is in force.
3
12 Before subsection 44-26C(6)
4
Insert:
5
Additional matters
6
13 At the end of Subdivision 44-D
7
Add:
8
44-26D Variation of determination of value of p
erson's assets
9
Variation of determination
10
(1) The Secretary may, by written instrument, vary a determination
11
made under subsection 44-26C(1) in relation to a person.
12
Note 1:
Variations of determinations are reviewable under Part 6.1.
13
Note 2:
A determination may be revoked under section 44-26E.
14
Note 3:
The amount of residential care subsidy payable for a person in respect
15
of a payment period is calculated in accordance with the determination
16
in force for the person for that period.
17
(2) The determination may be varied:
18
(a) on the application of the person; or
19
(b)
on the Secretary's own initiative.
20
(3) Without limiting subsection (1), the determination may be varied if
21
updated information has been provided to the Secretary in relation
22
to the person
's
assets.
23
Variation on application
24
(4) An application for the purposes of paragraph (2)(a) must be in a
25
form approved by the Secretary.
26
(5) If the Secretary needs further information to make a decision on
27
the application, the Secretary may, by written notice, request the
28
person to give the Secretary the further information within the
29
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Part 1
Provisions relating to income and asset determinations
18
Aged Care Legislation Amendment Bill 2024
No. , 2024
period specified in the notice (which must not be less than 28 days
1
after giving the notice).
2
Note:
The person is not obliged to give the information.
3
(6) The application is taken to be withdrawn if the person does not
4
give the further information within the specified period.
5
(7) The Secretary must:
6
(a) consider an application made in accordance with
7
subsection (4) and any further information given in
8
accordance with a request under subsection (5); and
9
(b) make a decision on the application.
10
Note:
Refusals under this subsection to vary a determination are reviewable
11
under Part 6.1.
12
Variation on Secretary's initiative
13
(8) Before the Secretary makes an instrument under subsection (1)
14
varying a determination
on the Secretary's own initiative, the
15
Secretary must give the person written notice that the Secretary is
16
considering varying the determination.
17
(9) The notice must:
18
(a) set out the reasons why the Secretary is considering varying
19
the determination, and what the effect of the variation would
20
be; and
21
(b) invite the person to make a submission, in writing, to the
22
Secretary in relation to the matter within the period specified
23
in the notice (which must not be less than 28 days after
24
giving the notice); and
25
(c) inform the person that the Secretary may decide to vary the
26
determination:
27
(i) if no submission is made within the specified period; or
28
(ii) after considering any submission made by the person
29
within the specified period.
30
(10) The Secretary may also request, in the notice given under
31
subsection (8), that the person give the Secretary the information
32
specified in the notice, within the period specified in the notice for
33
the purposes of paragraph (9)(b), to assist the Secretary to decide
34
whether to vary the determination.
35
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Provisions relating to income and asset determinations
Part 1
No. , 2024
Aged Care Legislation Amendment Bill 2024
19
Note:
The person is not obliged to give the information.
1
(11) If the person makes a submission in accordance with the invitation
2
under
paragraph (9)(b), the Secretary may, by written notice,
3
request the person to give the Secretary further information, within
4
the period specified in the notice (which must not be less than 28
5
days after giving the notice), to assist the Secretary to decide
6
whether to vary the determination.
7
Note 1:
The Secretary may request further information under this subsection
8
regardless of whether information was requested or given under
9
subsection (10).
10
Note 2:
The person is not obliged to give the information.
11
(12) The Secretary must:
12
(a) consider any submission made in accordance with the
13
invitation under
paragraph (9)(b) and any further information
14
given in accordance with a request under
subsection (10) or
15
(11); and
16
(b) make a decision whether to vary the determination.
17
Notice and effect of decision
18
(13) Within 14 days after making a decision to vary a determination
19
under subsection (1), or a decision under subsection (7) or (12) not
20
to vary a determination, the Secretary must give the person:
21
(a) written notice of the decision; and
22
(b) if the decision is to vary the determination
--
a copy of the
23
instrument under subsection (1) so varying the determination.
24
Note:
If the Secretary decides to vary a determination under subsection (1),
25
or decides under subsection (7) not to vary a determination, the notice
26
under this subsection must include reasons for the decision: see
27
section 85-3.
28
(14) If the Secretary is aware that the person has given an approved
29
provider a copy of the determination, the Secretary must also give
30
the notice under subsection (13), and (if relevant) a copy of the
31
instrument under subsection (1), to the approved provider.
32
(15) If a determination is varied under subsection (1):
33
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Part 1
Provisions relating to income and asset determinations
20
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No. , 2024
(a) on application by the person, the variation takes effect on the
1
day specified in the instrument (which may be before the
2
instrument is made); or
3
(b)
on the Secretary's initiative, the variation takes effect on the
4
day specified in the instrument (which must not be before the
5
instrument is made).
6
Additional matters
7
(16) An instrument made under subsection (1) is not a legislative
8
instrument.
9
(17) Subsection (1) does not, by implication, limit the application of
10
subsection 33(3) of the
Acts Interpretation Act 1901
to other
11
instruments under this Act.
12
44-26E Revocation of determination of value of p
erson's assets
13
Revocation of determination
14
(1) The Secretary may, by written instrument, revoke a determination
15
made under subsection 44-26C(1) in relation to a person if the
16
Secretary is satisfied that the determination is incorrect.
17
Note 1:
Revocations of determinations are reviewable under Part 6.1.
18
Note 2:
A determination may be varied under section 44-26D.
19
(2) The determination may be revoked:
20
(a) on the application of the person; or
21
(b)
on the Secretary's own initiative.
22
Revocation on application
23
(3) An application for the purposes of paragraph (2)(a) must be in a
24
form approved by the Secretary.
25
(4) If the Secretary needs further information to make a decision on
26
the application, the Secretary may, by written notice, request the
27
person to give the Secretary the further information within the
28
period specified in the notice (which must not be less than 28 days
29
after giving the notice).
30
Note:
The person is not obliged to give the information.
31
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21
(5) The application is taken to be withdrawn if the person does not
1
give the further information within the specified period.
2
(6) The Secretary must:
3
(a) consider an application made in accordance with
4
subsection (3) and any further information given in
5
accordance with a request under subsection (4); and
6
(b) make a decision on the application.
7
Note:
Refusals under this subsection to revoke a determination are
8
reviewable under Part 6.1.
9
Revocation on Secretary's initiative
10
(7) Before the Secretary makes an instrument under subsection (1)
11
revoking a
determination on the Secretary's own initiative
, the
12
Secretary must give the person written notice that the Secretary is
13
considering revoking the determination.
14
(8) The notice must:
15
(a) set out the reasons why the Secretary is considering revoking
16
the determination; and
17
(b) invite the person to make a submission, in writing, to the
18
Secretary in relation to the matter within the period specified
19
in the notice (which must not be less than 28 days after
20
giving the notice); and
21
(c) inform the person that the Secretary may decide to revoke the
22
determination:
23
(i) if no submission is made within the specified period; or
24
(ii) after considering any submission made by the person
25
within the specified period.
26
(9) The Secretary may also request, in the notice given under
27
subsection (7), that the person give the Secretary the information
28
specified in the notice, within the period specified in the notice for
29
the purposes of paragraph (8)(b), to assist the Secretary to decide
30
whether to revoke the determination.
31
Note:
The person is not obliged to give the information.
32
(10) If the person makes a submission in accordance with the invitation
33
under paragraph (8)(b), the Secretary may, by written notice,
34
request the person to give the Secretary further information, within
35
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Part 1
Provisions relating to income and asset determinations
22
Aged Care Legislation Amendment Bill 2024
No. , 2024
the period specified in the notice (which must not be less than 28
1
days after giving the notice), to assist the Secretary to decide
2
whether to revoke the determination.
3
Note 1:
The Secretary may request further information under this subsection
4
regardless of whether information was requested or given under
5
subsection (9).
6
Note 2:
The person is not obliged to give the information.
7
(11) The Secretary must:
8
(a) consider any submission made in accordance with the
9
invitation under paragraph (8)(b) and any further information
10
given in accordance with a request under
subsection (9) or
11
(10); and
12
(b) make a decision whether to revoke the determination.
13
Notice and effect of decision
14
(12) Within 14 days after making a decision to revoke a determination
15
under subsection (1), or a decision under subsection (6) or (11) not
16
to revoke a determination, the Secretary must give the person
17
written notice of:
18
(a) the decision; and
19
(b) if the decision is to revoke the determination
--
the day the
20
determination ceases to be in force.
21
Note:
If the Secretary decides to revoke a determination under
22
subsection (1), or decides under subsection (6) not to revoke a
23
determination, the notice under this subsection must include reasons
24
for the decision: see section 85-3.
25
(13) If the Secretary is aware that the person has given an approved
26
provider a copy of the determination made under
27
subsection 44-26C(1), the Secretary must also give the notice
28
under subsection (12) of this section to the approved provider.
29
(14) If a determination is revoked under subsection (1), the
30
determination ceases to be in force on the day specified in the
31
instrument (which may be before the instrument is made).
32
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Schedule 2
Provisions relating to income and asset determinations
Part 1
No. , 2024
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23
Additional matters
1
(15) An instrument made under subsection (1) is not a legislative
2
instrument.
3
(16) Subsection (1) does not, by implication, limit the application of
4
subsection 33(3) of the
Acts Interpretation Act 1901
to other
5
instruments under this Act.
6
14 Section 85-1 (after table item 46)
7
Insert:
8
46A
To vary a determination made for the purposes
of working out a care recipient's total assessable
income
subsection 44-25(1)
46B
To refuse to vary a determination made for the
purposes of working out a care recipient's total
assessable income
subsection 44-25(7)
46C
To revoke a determination made for the
purposes of working out a care recipient's total
assessable income
subsection 44-25A(1)
46D
To refuse to revoke a determination made for the
purposes of working out a care recipient's total
assessable income
subsection 44-25A(6)
15 Section 85-1 (table item 47A)
9
Repeal the item, substitute:
10
47AA
To vary a determination of the value of a
person's assets
subsection 44-26D(1)
47AB
To refuse to vary a determination of the value of
a person's assets
subsection 44-26D(7)
47A
To revoke a determination of the value of a
person's assets
subsection 44-26E(1)
47B
To refuse to revoke a determination of the value
of
a person's assets
subsection 44-26E(6)
Schedule 2
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deposit balances
Part 1
Provisions relating to income and asset determinations
24
Aged Care Legislation Amendment Bill 2024
No. , 2024
16 Subparagraph 85-5(3)(a)(ii)
1
After
"(4)(b)",
insert
", a decision under
subsection 44-25(1) or (7) to
2
vary or to refuse to vary a determination, or a decision under
3
subsection 44-25A(1) or (6) to revoke or to refuse to revoke a
4
determination".
5
17 Paragraph 96-2(4)(a)
6
After "income", insert ", or under
section 44-25 or 44-25A relating to
7
varying or revoking such a determination
".
8
18 Paragraph 96-2(4)(b)
9
After "44
-
26C", insert "
, 44-26D or 44-26E
".
10
19 After subparagraph 96-2(4)(c)(i)
11
Insert:
12
(ia) a decision under section 44-25 or 44-25A to vary,
13
revoke, or refuse to vary or revoke a determination
14
made under section 44-24;
15
20 At the end of subparagraph 96-2(4)(c)(ii)
16
Add "
, 44-26D or 44-26E
"
.
17
21 Paragraph 96-2(6)(a)
18
After "income", insert ", or under
section 44-25 or 44-25A relating to
19
varying or revoking such a determination".
20
22 Paragraph 96-2(6)(b)
21
After "44
-
26C", insert "
, 44-26D or 44-26E
".
22
23 After subparagraph 96-2(6)(c)(i)
23
Insert:
24
(ia) a decision under section 44-25 or 44-25A to vary,
25
revoke, or refuse to vary or revoke a determination
26
made under section 44-24;
27
24 At the end of subparagraph 96-2(6)(c)(ii)
28
Add "
, 44-26D or 44-26E
".
29
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Schedule 2
Provisions relating to income and asset determinations
Part 1
No. , 2024
Aged Care Legislation Amendment Bill 2024
25
25 Paragraph 96-2(8)(a)
1
After "44
-
26C", insert "
, 44-26D or 44-26E
".
2
26 At the end of paragraph 96-2(8)(b)
3
Add "
, 44-26D or 44-26E
".
4
27 Paragraph 96-2(10)(a)
5
After "income", insert ", or under
section 44-25 or 44-25A relating to
6
varying or revoking such a determination".
7
28 Paragraph 96-2(10)(b)
8
Repeal the paragraph, substitute:
9
(b)
the Secretary's powers and functions under
section 85-4 or
10
85-5 relating to reconsidering the following decisions:
11
(i) a determination under section 44-24 for the purposes of
12
working out a care recipient's total assessable
income;
13
(ii) a decision under section 44-25 or 44-25A to vary,
14
revoke, or refuse to vary or revoke a determination
15
made under section 44-24.
16
29 Paragraph 96-2(12)(a)
17
After "income", insert ", or under
section 44-25 or 44-25A relating to
18
varying or revoki
ng such a determination".
19
30 Paragraph 96-2(12)(b)
20
Repeal the paragraph, substitute:
21
(b)
the Secretary's powers and functions under
section 85-4 or
22
85-5 relating to reconsidering the following decisions:
23
(i) a determination under section 44-24 for the purposes of
24
working out a care recipient's total assessable income;
25
(ii) a decision under section 44-25 or 44-25A to vary,
26
revoke, or refuse to vary or revoke a determination
27
made under section 44-24.
28
Schedule 2
Amendments relating to income and asset determinations and refundable
deposit balances
Part 1
Provisions relating to income and asset determinations
26
Aged Care Legislation Amendment Bill 2024
No. , 2024
Aged Care (Transitional Provisions) Act 1997
1
31 At the end of subsection 44-24(9)
2
Add:
3
Note:
A determination may be varied under section 44-25 or revoked under
4
section 44-25A.
5
32 Subsection 44-24(10)
6
Repeal the subsection, substitute:
7
(10) Within 14 days after making a determination under subsection (1)
8
or paragraph (2)(b), (3)(b), (3A)(b) or (4)(b), the Secretary must
9
give the care recipient:
10
(a) written notice of the making of the determination; and
11
(b) a copy of the determination.
12
Note:
Reasons for the decision must be included in the notice: see
13
section 85-3.
14
33 After section 44-24
15
Insert:
16
44-25 Variation of determination relating to
total assessable income
17
Variation of determination
18
(1) The Secretary may, by written instrument, vary a determination
19
made under subsection 44-24(1) or paragraph 44-24(2)(b), (3)(b),
20
(3A)(b) or (4)(b) in relation to a care recipient.
21
Note 1:
Variations of determinations are reviewable under Part 6.1.
22
Note 2:
A determination may be revoked under section 44-25A.
23
Note 3:
The amount of residential care subsidy payable for a care recipient in
24
respect of a payment period is calculated in accordance with the
25
determination in force for the care recipient for that period.
26
(2) The determination may be varied:
27
(a) on the application of the care recipient; or
28
(b) on the Secreta
ry's own initiative.
29
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Schedule 2
Provisions relating to income and asset determinations
Part 1
No. , 2024
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27
(3) Without limiting subsection (1), the determination may be varied if
1
updated information has been provided to the Secretary in relation
2
to the care recipient's income.
3
Variation on application
4
(4) An application for the purposes of paragraph (2)(a) must be in a
5
form approved by the Secretary.
6
(5) If the Secretary needs further information to make a decision on
7
the application, the Secretary may, by written notice, request the
8
care recipient to give the Secretary the further information within
9
the period specified in the notice (which must not be less than 28
10
days after giving the notice).
11
Note:
The care recipient is not obliged to give the information.
12
(6) The application is taken to be withdrawn if the care recipient does
13
not give the further information within the specified period.
14
(7) The Secretary must:
15
(a) consider an application made in accordance with
16
subsection (4) and any further information given in
17
accordance with a request subsection (5); and
18
(b) make a decision on the application.
19
Note:
Refusals under this subsection to vary a determination are reviewable
20
under Part 6.1.
21
Variation on Secretary's initiative
22
(8) Before the Secretary makes an instrument under subsection (1)
23
varying a determination
on the Secretary's
own initiative, the
24
Secretary must give the care recipient written notice that the
25
Secretary is considering varying the determination.
26
(9) The notice must:
27
(a) set out the reasons why the Secretary is considering varying
28
the determination, and what the effect of the variation would
29
be; and
30
(b) invite the care recipient to make a submission, in writing, to
31
the Secretary in relation to the matter within the period
32
Schedule 2
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deposit balances
Part 1
Provisions relating to income and asset determinations
28
Aged Care Legislation Amendment Bill 2024
No. , 2024
specified in the notice (which must not be less than 28 days
1
after giving the notice); and
2
(c) inform the care recipient that the Secretary may decide to
3
vary the determination:
4
(i) if no submission is made within the specified period; or
5
(ii) after considering any submission made by the care
6
recipient within the specified period.
7
(10) The Secretary may also request, in the notice given under
8
subsection (8), that the care recipient give the Secretary the
9
information specified in the notice, within the period specified in
10
the notice for the purposes of paragraph (9)(b), to assist the
11
Secretary to decide whether to vary the determination.
12
Note:
The care recipient is not obliged to give the information.
13
(11) If the care recipient makes a submission in accordance with the
14
invitation under paragraph (9)(b), the Secretary may, by written
15
notice, request the care recipient to give the Secretary further
16
information, within the period specified in the notice (which must
17
not be less than 28 days after giving the notice), to assist the
18
Secretary to decide whether to vary the determination.
19
Note 1:
The Secretary may request further information under this subsection
20
regardless of whether information was requested or given under
21
subsection (10).
22
Note 2:
The care recipient is not obliged to give the information.
23
(12) The Secretary must:
24
(a) consider any submission made in accordance with the
25
invitation under
paragraph (9)(b) and any further information
26
given in accordance with a request under
subsection (10) or
27
(11); and
28
(b) make a decision whether to vary the determination.
29
Notice and effect of decision
30
(13) Within 14 days after making a decision to vary a determination
31
under subsection (1), or a decision under subsection (7) or (12) not
32
to vary a determination, the Secretary must give the care recipient:
33
(a) written notice of the decision; and
34
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Schedule 2
Provisions relating to income and asset determinations
Part 1
No. , 2024
Aged Care Legislation Amendment Bill 2024
29
(b) if the decision is to vary the determination
--
a copy of the
1
instrument under subsection (1) so varying the determination.
2
Note:
If the Secretary decides to vary a determination under subsection (1),
3
or decides under subsection (7) not to vary a determination, the notice
4
under this subsection must include reasons for the decision: see
5
section 85-3.
6
(14) If the Secretary is aware that the care recipient has given an
7
approved provider a copy of the determination, the Secretary must
8
also give the notice under subsection (13), and (if relevant) a copy
9
of the instrument under subsection (1), to the approved provider.
10
(15) If a determination is varied under subsection (1):
11
(a) on application by the care recipient, the variation takes effect
12
on the day specified in the instrument (which may be before
13
the instrument is made); or
14
(b)
on the Secretary's initiative, the variation takes effect on the
15
day specified in the instrument (which must not be before the
16
instrument is made).
17
Additional matters
18
(16) An instrument made under subsection (1) is not a legislative
19
instrument.
20
(17) Subsection (1) does not, by implication, limit the application of
21
subsection 33(3) of the
Acts Interpretation Act 1901
to other
22
instruments under this Act.
23
44-25A Revocation of determination relating to
total assessable
24
income
25
Revocation of determination
26
(1) The Secretary may, by written instrument, revoke a determination
27
made under subsection 44-24(1) or paragraph 44-24(2)(b), (3)(b),
28
(3A)(b) or (4)(b) in relation to a care recipient if the Secretary is
29
satisfied that the determination is incorrect.
30
Note 1:
Revocations of determinations are reviewable under Part 6.1.
31
Note 2:
A determination may be varied under section 44-25.
32
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Part 1
Provisions relating to income and asset determinations
30
Aged Care Legislation Amendment Bill 2024
No. , 2024
(2) The determination may be revoked:
1
(a) on the application of the care recipient; or
2
(b)
on the Secretary's own initiative.
3
Revocation on application
4
(3) An application for the purposes of paragraph (2)(a) must be in a
5
form approved by the Secretary.
6
(4) If the Secretary needs further information to make a decision on
7
the application, the Secretary may, by written notice, request the
8
care recipient to give the Secretary the further information within
9
the period specified in the notice (which must not be less than 28
10
days after giving the notice).
11
Note:
The care recipient is not obliged to give the information.
12
(5) The application is taken to be withdrawn if the care recipient does
13
not give the further information within the specified period.
14
(6) The Secretary must:
15
(a) consider an application made in accordance with
16
subsection (3) and any further information given in
17
accordance with a request under subsection (4); and
18
(b) make a decision on the application.
19
Note:
Refusals under this subsection to revoke a determination are
20
reviewable under Part 6.1.
21
Revocation on Secretary's initiative
22
(7) Before the Secretary makes an instrument under subsection (1)
23
revoking a determination on the Secretary's own initiative
, the
24
Secretary must give the care recipient written notice that the
25
Secretary is considering revoking the determination.
26
(8) The notice must:
27
(a) set out the reasons why the Secretary is considering revoking
28
the determination, and what the effect of the revocation
29
would be; and
30
(b) invite the care recipient to make a submission, in writing, to
31
the Secretary in relation to the matter within the period
32
Amendments relating to income and asset determinations and refundable deposit
balances
Schedule 2
Provisions relating to income and asset determinations
Part 1
No. , 2024
Aged Care Legislation Amendment Bill 2024
31
specified in the notice (which must not be less than 28 days
1
after giving the notice); and
2
(c) inform the care recipient that the Secretary may decide to
3
revoke the determination:
4
(i) if no submission is made within the specified period; or
5
(ii) after considering any submission made by the care
6
recipient within the specified period.
7
(9) The Secretary may also request, in the notice given under
8
subsection (7), that the care recipient give the Secretary the
9
information specified in the notice, within the period specified in
10
the notice for the purposes of paragraph (8)(b), to assist the
11
Secretary to decide whether to revoke the determination.
12
Note:
The care recipient is not obliged to give the information.
13
(10) If the care recipient makes a submission in accordance with the
14
invitation under paragraph (8)(b), the Secretary may, by written
15
notice, request the care recipient to give the Secretary further
16
information, within the period specified in the notice (which must
17
not be less than 28 days after giving the notice), to assist the
18
Secretary to decide whether to revoke the determination.
19
Note 1:
The Secretary may request further information under this subsection
20
regardless of whether information was requested or given under
21
subsection (9).
22
Note 2:
The care recipient is not obliged to give the information.
23
(11) The Secretary must:
24
(a) consider any submission made in accordance with the
25
invitation under
paragraph (8)(b) and any further information
26
given in accordance with a request under
subsection (9) or
27
(10); and
28
(b) make a decision whether to revoke the determination.
29
Notice and effect of decision
30
(12) Within 14 days after making a decision to revoke a determination
31
under subsection (1), or a decision under subsection (6) or (11) not
32
to revoke a determination, the Secretary must give the care
33
recipient written notice of:
34
(a) the decision; and
35
Schedule 2
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deposit balances
Part 1
Provisions relating to income and asset determinations
32
Aged Care Legislation Amendment Bill 2024
No. , 2024
(b) if the decision is to revoke the determination
--
the day the
1
determination ceases to be in force.
2
Note:
If the Secretary decides to revoke a determination under
3
subsection (1), or decides under subsection (6) not to revoke a
4
determination, the notice under this subsection must include reasons
5
for the decision: see section 85-3.
6
(13) If the Secretary is aware that the care recipient has given an
7
approved provider a copy of the determination, the Secretary must
8
also give the notice under subsection (12) to the approved provider.
9
(14) If a determination is revoked under subsection (1), the
10
determination ceases to be in force on the day specified in the
11
instrument (which may be before the instrument is made).
12
Additional matters
13
(15) An instrument made under subsection (1) is not a legislative
14
instrument.
15
(16) Subsection (1) does not, by implication, limit the application of
16
subsection 33(3) of the
Acts Interpretation Act 1901
to other
17
instruments under this Act.
18
34 Section 85-1 (after table item 46)
19
Insert:
20
46A
To vary a determination made for the purposes
of working out a care recipi
ent's total assessable
income
subsection 44-25(1)
46B
To refuse to vary a determination made for the
purposes of working out a care recipient's total
assessable income
subsection 44-25(7)
46C
To revoke a determination made for the
purposes of working out
a care recipient's total
assessable income
subsection 44-25A(1)
46D
To refuse to revoke a determination made for the
purposes of working out a care recipient's total
assessable income
subsection 44-25A(6)
Amendments relating to income and asset determinations and refundable deposit
balances
Schedule 2
Provisions relating to income and asset determinations
Part 1
No. , 2024
Aged Care Legislation Amendment Bill 2024
33
35 Paragraph 85-5(3)(b)
1
After "(4)(b)", insert ", a decision under
subsection 44-25(1) or (7) to
2
vary or to refuse to vary a determination, or a decision under
3
subsection 44-25A(1) or (6) to revoke or to refuse to revoke a
4
determination".
5
36 Paragraph 96-2(2)(b)
6
After "income", insert ", or under
section 44-25 or 44-25A relating to
7
varying or revoking such a determination".
8
37 At the end of paragraph 96-2(2)(c)
9
Add:
10
; (iii) a decision under section 44-25 or 44-25A to vary,
11
revoke, or refuse to vary or revoke a determination
12
made under section 44-24.
13
38 Paragraph 96-2(4)(b)
14
After "income", insert ", or under
section 44-25 or 44-25A relating to
15
varying or revoking such a determination".
16
39 At the end of paragraph 96-2(4)(c)
17
Add:
18
; (iii) a decision under section 44-25 or 44-25A to vary,
19
revoke, or refuse to vary or revoke a determination
20
made under section 44-24.
21
40 Paragraph 96-2(8)(a)
22
After "income", insert ", or under
section 44-25 or 44-25A relating to
23
varying or revoking such a determination".
24
41 Paragraph 96-2(8)(b)
25
Repeal the paragraph, substitute:
26
(b)
the Secretary's powers and functions under
section 85-4 or
27
85-5 relating to reconsidering the following decisions:
28
(i) a determination under section 44-24 for the purposes of
29
working out a care recipient's total asses
sable income;
30
Schedule 2
Amendments relating to income and asset determinations and refundable
deposit balances
Part 1
Provisions relating to income and asset determinations
34
Aged Care Legislation Amendment Bill 2024
No. , 2024
(ii) a decision under section 44-25 or 44-25A to vary,
1
revoke, or refuse to vary or revoke a determination
2
made under section 44-24.
3
42 Paragraph 96-2(10)(a)
4
After "income", insert ", or under
section 44-25 or 44-25A relating to
5
varying or
revoking such a determination".
6
43 Paragraph 96-2(10)(b)
7
Repeal the paragraph, substitute:
8
(b)
the Secretary's powers and functions under
section 85-4 or
9
85-5 relating to reconsidering the following decisions:
10
(i) a determination under section 44-24 for the purposes of
11
working out a care recipient's total assessable income;
12
(ii) a decision under section 44-25 or 44-25A to vary,
13
revoke, or refuse to vary or revoke a determination
14
made under section 44-24.
15
44 Application of amendments
16
(1)
Subsection 44-24(10) of the
Aged Care Act 1997
, as substituted by this
17
Part, applies in relation to a determination under subsection 44-24(1) or
18
paragraph 44-24(2)(b), (3)(b), (3A)(b) or (4)(b) of that Act made on or
19
after the commencement of this item.
20
(2)
Sections 44-25 and 44-25A of the
Aged Care Act 1997
, as inserted by
21
this Part, apply in relation to a determination under subsection 44-24(1)
22
or paragraph 44-24(2)(b), (3)(b), (3A)(b) or (4)(b) of that Act if the
23
determination:
24
(a) is made on or after the commencement of this item; or
25
(b) was made before the commencement of this item and was in
26
force immediately before that commencement.
27
(3)
Subject to subitem (4), section 44-26C of the
Aged Care Act 1997
, as
28
amended by this Part, applies in relation to an application made under
29
paragraph 44-26C(1)(a) of that Act if the application:
30
(a) is made on or after the commencement of this item; or
31
(b) was made before the commencement of this item but had not
32
been decided before that commencement.
33
Amendments relating to income and asset determinations and refundable deposit
balances
Schedule 2
Provisions relating to income and asset determinations
Part 1
No. , 2024
Aged Care Legislation Amendment Bill 2024
35
(4)
Subsection 44-26C(4) of the
Aged Care Act 1997
,
as substituted by this
1
Part, applies in relation to a determination under subsection 44-26C(1)
2
of that Act made before, on or after the commencement of this item.
3
(5)
Despite the repeal and substitution by this Part of
4
subsections 44-26C(4) and (5), and item 47A of the table in
5
section 85-1, of the
Aged Care Act 1997
, subsection 44-26C(5) and
6
Part 6.1 of that Act continue to apply in relation to a revocation before
7
the commencement of this item under subsection 44-26C(4) of that Act,
8
as if those repeals and substitutions had not happened.
9
(6)
Sections 44-26D and 44-26E of the
Aged Care Act 1997
, as inserted by
10
this Part, apply in relation to a determination under
11
subsection 44-26C(1) of that Act if the determination:
12
(a) is made on or after the commencement of this item; or
13
(b) was made before the commencement of this item and was in
14
force immediately before that commencement.
15
(7)
Subsection 44-24(10) of the
Aged Care (Transitional Provisions) Act
16
1997
, as substituted by this Part, applies in relation to a determination
17
under subsection 44-24(1) or paragraph 44-24(2)(b), (3)(b), (3A)(b) or
18
(4)(b) of that Act made on or after the commencement of this item.
19
(8)
Sections 44-25 and 44-25A of the
Aged Care (Transitional Provisions)
20
Act 1997
, as inserted by this Part, apply in relation to a determination
21
under subsection 44-24(1) or paragraph 44-24(2)(b), (3)(b), (3A)(b) or
22
(4)(b) of that Act if the determination:
23
(a) is made on or after the commencement of this item; or
24
(b) was made before the commencement of this item and was in
25
force immediately before that commencement.
26
Schedule 2
Amendments relating to income and asset determinations and refundable
deposit balances
Part 2
Information about refundable deposit balances
36
Aged Care Legislation Amendment Bill 2024
No. , 2024
Part
2--Information about refundable deposit
1
balances
2
Aged Care Act 1997
3
45 At the end of subsection 43-4(1)
4
Add:
5
; and (d) in relation to each care recipient in respect of whom:
6
(i) the claim for residential care subsidy relates; and
7
(ii) the approved provider held a
*
refundable deposit
8
balance during the payment period;
9
a statement, in the claim, of the refundable deposit balance
10
held by the approved provider as at the end of the payment
11
period.
12
46 Application of amendments
13
The amendment of subsection 43-4(1) of the
Aged Care Act 1997
made
14
by this Part applies in relation to a claim, for residential care subsidy in
15
respect of a payment period, given under that subsection on or after the
16
commencement of this item.
17
Accommodation payments after voluntary moves within a service
Schedule 3
No. , 2024
Aged Care Legislation Amendment Bill 2024
37
Schedule
3--Accommodation payments after
1
voluntary moves within a service
2
3
Aged Care Act 1997
4
1 Subsection 52G-4(6)
5
Omit "If", substitute "Subject to
subsection (6A),
if".
6
2 After subsection 52G-4(6)
7
Insert:
8
(6A) The higher maximum amount of
*
accommodation payment
9
approved by the
*
Pricing Authority also applies in relation to a
10
person if:
11
(a)
the person's
*
entry to the service occurred before the date of
12
the approval; and
13
(b) the person had entered into an
*
accommodation agreement
14
with the approved provider before the date of the approval;
15
and
16
(c) the person moves to another room (the
new room
), or to
17
another part (the
new part
) of a room, in the service and the
18
move is voluntary; and
19
(d) the higher maximum amount of accommodation payment
20
applies in relation to the part of the service that includes the
21
new room or the new part of a room.
22
3 Application of amendments
23
The amendments of the
Aged Care Act 1997
made by this Schedule
24
apply in relation to a person who voluntarily moves to another room, or
25
to another part of a room, in a service on or after the commencement of
26
this item
, regardless of whether the person's entry to the service
27
occurred before, on or after that commencement.
28