{"id":"F2025L01242","name":"Aged Care (Leave from Approved Residential Care Homes) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Determination 2025","slug":"aged-care-leave-from-approved-residential-care-homes-situation-of-emergency-human-coronavirus-with-p","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107289,"registerId":"commonwealth-F2025L01242-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Aged Care (Leave from Approved Residential Care Homes) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Determination 2025.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

Immediately after the commencement of the Aged Care Act 2024.

1 November 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subsection 245(1) of the Aged Care Act 2024.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Situation of emergency—human coronavirus with pandemic potential","content":"#### 4 Situation of emergency—human coronavirus with pandemic potential\n\n There is a situation of emergency for all days in the period beginning on the commencement of this instrument and ending on 31 December 2026 for all approved residential care homes in Australia.","sortOrder":3}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument sets its own scope and duration: a declared emergency for all approved residential care homes from commencement until 31 December 2026 (s4), with commencement contingent on the Aged Care Act 2024 (s2) and made under that Act (s3). It does not amend or narrow that scope within the instrument itself."},"complexity_factors":["Narrow, single-purpose instrument: declares an emergency status rather than prescribing detailed operational rules (s4).","Commencement dependency: the instrument only commences immediately after the Aged Care Act 2024 begins, tying its effect to timing of another Act (s2).","Legal authority reliance: it is made under subsection 245(1) of the Aged Care Act 2024, so practical effects depend on powers and procedures set out in that Act (s3).","Broad territorial and subject scope: applies to all approved residential care homes in Australia, which is a wide class of facilities (s4).","Temporal limit specified: fixed end date (31 December 2026) reduces open‑endedness but requires monitoring for expiry or renewal (s4).","Potential interpretive gap: the phrase 'human coronavirus with pandemic potential' is used without definition in this instrument, so classification and trigger questions may require reference to other materials (s4)."],"plain_english_summary":"This determination declares a “situation of emergency” for a human coronavirus with pandemic potential (s4) for all approved residential care homes in Australia from its commencement until 31 December 2026. It takes effect immediately after the Aged Care Act 2024 commences (s2) and is made under subsection 245(1) of that Act (s3). Mechanically, it activates the Aged Care Act’s emergency framework for residential aged‑care settings, enabling the use of special measures that can change leave, movement and care arrangements and so affecting operators, residents and visitors."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow function intended by section 245 of the Aged Care Act 2024: declaring a situation of emergency to trigger leave provisions. It has not expanded beyond this specific purpose."},"complexity_factors":["Extremely short instrument: only 4 sections total","No defined terms section - relies on definitions in the parent Aged Care Act 2024","Single operative provision (section 4) with straightforward date range","No cross-references except to the empowering provision (subsection 245(1))","No conditional logic, exceptions, or nested provisions","Essentially a binary declaration: emergency exists / emergency doesn't exist for a fixed period"],"plain_english_summary":"This law declares a formal emergency for all approved residential aged‑care homes in Australia from 1 November 2025 to 31 December 2026. During that period it relaxes rules that would otherwise limit residents' ability to leave without losing their place or funding, giving residents, providers and the government flexibility to protect vulnerable people during a pandemic threat."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/aged-care-leave-from-approved-residential-care-homes-situation-of-emergency-human-coronavirus-with-p","history":"/api/acts/aged-care-leave-from-approved-residential-care-homes-situation-of-emergency-human-coronavirus-with-p/history","analysis":"/api/acts/aged-care-leave-from-approved-residential-care-homes-situation-of-emergency-human-coronavirus-with-p/analysis","conflicts":"/api/acts/aged-care-leave-from-approved-residential-care-homes-situation-of-emergency-human-coronavirus-with-p/conflicts","importantCases":"/api/acts/aged-care-leave-from-approved-residential-care-homes-situation-of-emergency-human-coronavirus-with-p/important-cases","documents":"/api/acts/aged-care-leave-from-approved-residential-care-homes-situation-of-emergency-human-coronavirus-with-p/documents"}}