This Act provides for the delivery of funded aged care services to individuals under the Commonwealth aged care system. The services are included in the aged care service list and grouped into service types which are delivered through service groups.
The objects of the Act, the Statement of Rights and the Statement of Principles underpin the system and are aimed at ensuring quality and safe care for individuals.
Supporters may be registered to assist individuals with navigating the system and are required to act in accordance with principles that promote supported decision making.
Eligible individuals undergo an aged care needs assessment which identifies which funded aged care services are needed. Services are delivered in an approved residential care home, or a home or community setting, and are delivered by entities known as registered providers. For certain service groups, there are mechanisms for prioritisation and allocation of limited places.
The funding for services can be in the form of a subsidy or grant payable to the registered provider. The amount of funding available depends on various factors, including the classification type and classification level of individuals, the application of means testing and whether the service is being provided under a specialist aged care program, for example, for Aboriginal or Torres Strait Islander persons.
The system is governed by the Secretary (known as the System Governor), the Aged Care Quality and Safety Commissioner (the Commissioner), and the Complaints Commissioner.
A set of key obligations apply to registered providers and apply even where registered providers subcontract the delivery of services to associated providers. Separate obligations apply to aged care workers and responsible persons of registered providers.
Protections are provided for whistleblowers and statutory duties are imposed on registered providers, responsible persons and operators of aged care digital platforms that facilitate access to services. Criminal penalties and civil penalties apply for failures to meet requirements under this Act and compensation can be sought in cases of serious failures by registered providers.
The Commissioner and the System Governor have access to a suite of regulatory mechanisms to assist in the performance of their respective functions.
Arrangements for the protection of information and data obtained under this Act and the sharing of that information and data also apply.
Part 2—Definitions and key concepts
Division 1—Definitions
7 Definitions
In this Act:
ABN has the same meaning as in the A New Tax System (Australian Business Number) Act 1999.
access approval, for an individual, means an approval under subsection 65(2).
accommodation agreement means an agreement between an individual and a registered provider that meets the requirements set out in section 294.
accommodation bond has the meaning prescribed by the rules.
accommodation bond balance has the meaning prescribed by the rules.
accommodation charge has the meaning prescribed by the rules.
accommodation contribution means a contribution paid by an individual to a registered provider for accommodation in an approved residential care home through which the provider delivers ongoing funded aged care services to the individual through the service group residential care.
Note: If an individual is not required to pay an accommodation payment, the individual may be required to pay an accommodation contribution. The amount (if any) of accommodation contribution payable depends, amongst other things, on the individual’s daily means tested amount (see section 298).
accommodation payment means a payment paid by an individual to a registered provider for accommodation in an approved residential care home through which the provider delivers ongoing funded aged care services to the individual through the service group residential care.
Note: Whether or not an individual pays an accommodation payment depends, amongst other things, on the individual’s daily means tested amount (see section 296).
account period:
(a) for a notional assistive technology account—see subsection 211(1); and
(b) for a notional home modifications account—see subsection 220(1).
ADI means an authorised deposit‑taking institution within the meaning of the Banking Act 1959.
administrative action: see subsection 582(2).
Advisory Council means the Aged Care Quality and Safety Advisory Council established by section 382.
Advisory Council member means a member of the Advisory Council and includes the Chair and the Deputy Chair.
advocate includes an independent aged care advocate.
affected entity, for a reviewable decision: see sections 556, 557 and 558.
aged care clearance decision means a clearance decision within the meaning of paragraph 379(5)(c).
Aged Care Code of Conduct means the rules made for the purposes of section 14.
aged care digital platform: see section 187.
aged care exclusion decision means an exclusion decision within the meaning of paragraph 379(5)(e).
aged care needs assessment means an assessment undertaken under Division 2 of Part 2 of Chapter 2.
Aged Care Quality Standards means the rules made for the purposes of subsection 15(1).
aged care volunteer visitor means a person who:
(a) volunteers for or is otherwise engaged by a person or body that receives financial assistance under section 265 for the purpose mentioned in paragraph 265(2)(d); and
(b) implements that purpose by visiting individuals accessing funded aged care services to provide companionship, social support or friendship to those individuals who are socially isolated or are at risk of social isolation.
aged care worker: see subsections 11(4) and (5).
aged care worker screening check means an assessment, under an aged care worker screening law, of whether a person who works, or seeks to work, with individuals accessing funded aged care services poses a risk to such individuals.
aged care worker screening database means the database established under section 379.
aged care worker screening law means a law of a State or Territory prescribed by the rules.
agreed accommodation payment amount, in relation to an individual and an approved residential care home: see paragraph 294(2)(b).
Appointed Commissioner means:
(a) the Commissioner; or
(b) the Complaints Commissioner.
approval period, in relation to an approved residential care home, means the period for which the approval of the home is in force.
approved form:
(a) in relation to a function of the System Governor—see section 584; or
(b) in relation to a function of the Commissioner—see section 585; or
(c) in relation to a function of the Complaints Commissioner—see section 586.
approved needs assessor means a person who:
(a) is approved by an entity of a kind prescribed by the rules; and
(b) meets any criteria including training or qualification requirements prescribed by the rules.
approved provider means an approved provider within the meaning of the Commission Act as in force immediately before the commencement of this Act.
approved report form: see section 166A.
approved residential care home means a residential care home that is:
(a) approved in relation to a registered provider under paragraph 112(1)(a); or
(b) taken to be approved in relation to a registered provider under section 120.
assessment officer: see section 432.
asset determination, for an individual, means a determination made under subsection 329(1) in relation to the individual (including as varied).
asset free area: see subsection 319(3).
associated provider: see subsection 11(6).
Australian Business Register has the same meaning as in the A New Tax System (Australian Business Number) Act 1999.
authorised Commission officer means a person appointed as an authorised Commission officer under section 525.
authorised officer means an authorised Commission officer or an authorised System Governor officer.
authorised System Governor officer means a person appointed as an authorised System Governor officer under section 526.
available balance, at a time, for any of the following notional accounts, or for an unspent Commonwealth portion, means the sum of the credits that have been made to the account or portion at or before that time reduced (but not below zero) by the sum of the debits that have been made to the account or portion at or before that time:
(a) a notional ongoing home support account;
(b) a notional short‑term home support account;
(c) a notional service delivery branch account;
(d) a notional assistive technology account;
(e) a notional home modifications account;
(f) a notional home care account.
banning order means a banning order made under section 497 or 498.
base individual amount for the service group home support: see section 194.
base provider amount for a registered provider:
(a) for the service group home support—see section 204; and
(b) for the service group residential care—see subsection 238(1).
base rate for an individual for a classification type for the service group residential care for a day: see subsection 229(1).
basic age pension amount means the annual maximum basic rate under point 1064‑B1 of the Social Security Act 1991 that applies to a person who is not a member of a couple within the meaning of that section.
basic daily fee for an individual—see subsection 277(2).
business location means the address shown in the Australian Business Register as an entity’s address for service.
care and services plan: see paragraph 148(e).
care needs means one or both of the following that apply in relation to an individual:
(a) the individual has difficulty (whether physical, mental or social) undertaking any daily living activities;
(b) the individual requires help from another person, or the assistance of one or more aids, to maintain their physical, mental or social capacity to function independently.
carer means a person who:
(a) provides personal care, support and assistance to another individual who needs it because that other individual is an older individual; and
(b) does not provide the personal care, support and assistance to the individual:
(i) as an aged care worker of a registered provider; or
(ii) in the course of doing voluntary work for a charitable, welfare or community organisation, including as an aged care volunteer visitor; or
(iii) as part of the requirements of a course of education or training.
cessation notification: see paragraph 149(d).
Chair means the Chair of the Advisory Council.
Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997.
Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.
child, of an individual, includes:
(a) a stepchild or an adopted child of the individual; and
(b) someone who would be the stepchild of the individual except that the individual is not legally married to the individual’s partner; and
(c) someone who is a child of the individual within the meaning of the Family Law Act 1975; and
(d) someone included in a class of persons prescribed by the rules.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
classification assessment means an assessment of an individual undertaken in accordance with section 76 for the purposes of establishing a classification level for the individual under section 78.
classification decision means a decision under subsection 78(1) to establish a classification level for an individual for a classification type for a service group.
classification level: see subsection 81(1).
classification type: each of the following is a classification type:
(a) ongoing;
(b) short‑term;
(c) hospital transition.
close relation, of an individual, means:
(a) a parent of the individual; or
(b) a sibling, child or grandchild of the individual; or
(c) an individual included in a class of persons prescribed by the rules.
Commission means the Aged Care Quality and Safety Commission established by section 344.
Commission Act means the Aged Care Quality and Safety Commission Act 2018.
Commissioner means the Commissioner of the Commission.
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
compensation payment fee for an individual for a day:
(a) for a funded aged care service delivered through the service group home support, assistive technology or home modifications—see subsection 274(2); or
(b) for a funded aged care service delivered through the service group residential care—see subsection 277(3).
compensation payment reduction for person‑centred subsidy for an individual:
(a) for the service group home support—see section 199; and
(b) for the service group assistive technology—see section 216; and
(c) for the service group home modifications—see section 225; and
(d) for the service group residential care—see section 233.
compensation payment reduction for provider‑based subsidy for an individual:
(a) for the service group home support—see section 207; and
(b) for the service group residential care—see section 241.
Complaints Commissioner means the Complaints Commissioner of the Commission.
complaints functions means the functions of the Complaints Commissioner under section 357.
compliance notice: see sections 481 and 482.
conduct means an act, an omission to perform an act or a state of affairs.
conflict of interest, in relation to an individual accessing, or seeking to access, funded aged care services and a supporter of the individual, means any conflict between:
(a) the interests of the individual; and
(b) the interests of the supporter;
that would affect the supporter’s ability to carry out the supporter’s role.
constitutional corporation means a trading or financial corporation within the meaning of paragraph 51(xx) of the Constitution.
continuous improvement plan means a plan, in writing, which sets out:
(a) how a registered provider intends to improve the quality of funded aged care services delivered by the registered provider; and
(b) if the Commissioner imposed a condition on the registration of the registered provider under subsection 143(1) which relates to the quality of funded aged care services delivered by the registered provider—how the registered provider intends to comply with that condition.
Convention on the Rights of Persons with Disabilities means the Convention on the Rights of Persons with Disabilities done at New York on 13 December 2006.
Note: The Convention is in Australian Treaty Series 2008 No. 12 ([2008] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
cost, for the delivery of a funded aged care service, has the meaning prescribed by the rules.
Covenant on Economic, Social and Cultural Rights means the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966.
Note: The Covenant is in Australian Treaty Series 1976 No. 5 ([1976] ATS 5) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
cover, a funded aged care service:
(a) in relation to a registered provider’s registration—means the registered provider is registered in the registration category in which the service is included; or
(b) in relation to an individual’s access approval—means the access approval:
(i) includes the classification type and service group through which the service is being delivered to the individual; and
(ii) if the service is in a service type that must be approved under subparagraph 65(2)(b)(i), or is a service that must be approved under subparagraph 65(2)(b)(ii)—includes the service type or service.
daily accommodation contribution means accommodation contribution that:
(a) accrues daily; and
(b) is paid by periodic payment.
daily accommodation payment means accommodation payment that:
(a) accrues daily; and
(b) is paid by periodic payment.
daily means tested amount, for an individual: see section 319.
daily payment means:
(a) a daily accommodation contribution; or
(b) a daily accommodation payment.
debtor: see section 514.
decision‑maker, for a reviewable decision, means:
(a) for a decision by the Commissioner—the Commissioner; or
(b) for a decision by the System Governor—the System Governor; or
(c) for a decision by the Pricing Authority—the Pricing Authority; or
(d) for a decision by the Complaints Commissioner—the Complaints Commissioner.
deliver, a funded aged care service, has a meaning affected by section 11A.
dependent child, of an individual, has the meaning given by subsection 22(1).
Deputy Chair means the Deputy Chair of the Advisory Council.
direct care means any funded aged care services prescribed by the rules which are delivered to an individual by a direct care staff member.
direct care staff member means an aged care worker of a registered provider who is any of the following:
(a) a registered nurse;
(b) an enrolled nurse;
(c) a nursing assistant;
(d) a personal care worker;
(e) a person prescribed by the rules.
distinct part, in relation to an approved residential care home, means a specific area of the home that:
(a) is physically identifiable as separate from all the other parts of the home; and
(b) meets any other requirements prescribed by the rules.
efficient price, for the delivery of a funded aged care service, is the amount prescribed by the rules.
eligibility determination, for an aged care needs assessment for an individual, means a determination under subsection 57(1).
emergency leave: see subsection 244(3).
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
engagement and education functions means the functions of the Commissioner under section 350.
enrolled nurse means a person who is registered under the National Law in the nursing profession as an enrolled nurse.
entity means any of the following:
(a) an individual;
(b) a body corporate;
(c) a body politic;
(d) a partnership;
(e) any other unincorporated association that has a governing body.
entrusted person means any of the following:
(a) the Minister;
(b) the System Governor;
(c) an APS employee in the Department;
(d) an official of the Commission under paragraph 344(2)(c);
(e) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department or the Commission;
(f) any other person employed or engaged (however described) by a person described in paragraph (e) to provide services in connection with the services mentioned in that paragraph;
(g) an Advisory Council member;
(h) a delegate of the System Governor or an Appointed Commissioner;
(i) an official of the Pricing Authority;
(j) an official of Services Australia;
(k) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with Services Australia;
(l) any other person employed or engaged (however described) by a person described in paragraph (k) to provide services in connection with the services mentioned in that paragraph;
(m) any other person in a class of persons prescribed by the rules and employed or engaged by the Commonwealth or a body corporate established by a law of the Commonwealth.
entry contribution has the meaning prescribed by the rules.
entry contribution balance has the meaning prescribed by the rules.
entry day, for a classification type for a service group—means the day, or the day worked out in accordance with a method, prescribed by the rules.
extended hospital leave: see subsection 244(6).
final efficient price, for the delivery of a funded aged care service, means the amount prescribed by the rules.
Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.
Financial and Prudential Standards means the standards made under subsection 376(1).
financial institution means a corporation that is an ADI for the purposes of the Banking Act 1959.
funded aged care service: see subsection 9(1).
governing body of a registered provider means:
(a) if the registered provider is a body corporate incorporated, or taken to be incorporated, under the Corporations Act 2001, that has a board of directors—the board of directors; or
(b) otherwise—the person or the group of persons responsible for the executive decisions of the registered provider.
government entity means:
(a) a Commonwealth entity; or
(b) a State or Territory; or
(c) a body established for a public purpose by or under a law of a State or Territory (other than a local government authority).
Grantee Code of Conduct has the meaning given by subsection 268(3).
health service has the same meaning as in Article 25 of the Convention on the Rights of Persons with Disabilities.
high quality care: see section 20.
home care account, for an individual: see section 226E.
home or community setting: see subsections 10(6) and (7).
homeowner has the meaning prescribed by the rules.
hospital leave: see subsection 244(4).
hospital transition funded aged care service, a funded aged care service delivered by a registered provider to an individual is a hospital transition funded aged care service delivered through a service group if:
(a) the individual has an access approval in effect for the classification type hospital transition for the service group; and
(b) the provider has given the System Governor a start notification for delivering funded aged care services on that basis to the individual.
hospital transition leave: see subsection 244(5).
hotelling contribution: see section 278.
identity card, in relation to an authorised officer, means an identity card issued to the officer under section 35 or 76 of the Regulatory Powers Act.
ILO Convention (No. 122) concerning Employment Policy means the ILO Convention (No. 122) concerning Employment Policy done at Geneva on 9 July 1964.
Note: The Convention is in Australian Treaty Series 1970 No. 17 ([1970] ATS 17) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
ILO Convention (No. 142) concerning Vocational Guidance and Vocational Training in the Development of Human Resources means the ILO Convention (No. 142) concerning Vocational Guidance and Vocational Training in the Development of Human Resources done at Geneva on 23 June 1975.
Note: The Convention is in Australian Treaty Series 1986 No. 2 ([1986] ATS 2) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
income determination, for an individual, means a determination made under subsection 322(1) in relation to the individual (including as varied).
income support payment has the meaning given by subsection 23(1) of the Social Security Act 1991.
income support supplement means an income support supplement under Part IIIA of the Veterans’ Entitlements Act 1986.
independent aged care advocate means a person who:
(a) is independent of the System Governor, the Commission and any registered providers; and
(b) is employed or otherwise engaged by a person or body that receives financial assistance under section 265 for the purpose mentioned in paragraph 265(2)(e); and
(c) provides either or both of the following to individuals accessing, or seeking to access, funded aged care services:
(i) free, independent and confidential support, information and advocacy;
(ii) education about the rights of individuals under the Statement of Rights; and
(d) if providing the services mentioned in subparagraph (c)(i) in relation to a particular individual—acts at the direction of the individual, reflecting the individual’s expressed wishes, will, preferences, interests and rights.
individual contribution, for a registered provider for the delivery of a funded aged care service to an individual: see section 273.
individual contribution rate, for a funded aged care service delivered to an individual on a day, means the percentage specified in the individual contribution rate determination for the individual for the means testing category the service is in.
individual contribution rate determination, for an individual, means a determination made under section 314 in relation to the individual.
individual contribution reduction, for an individual:
(a) for person‑centred subsidy for the service group home support—see section 200; and
(b) for provider‑based subsidy for the service group home support—see section 208; and
(c) for person‑centred subsidy for the service group assistive technology—see section 217; and
(d) for person‑centred subsidy for the service group home modifications—see section 226.
in effect:
(a) for a place allocated under subsection 92(1): see section 92A; and
(b) for a place allocated under subsection 95(1): see section 97.
intended service types: see paragraph 104(3)(b).
internal decision reviewer, for a reviewable decision: see subsections 560(4) and 562(4).
leave, from an approved residential care home, has the meaning given by subsection 244(2).
lifetime cap means the amount prescribed by the rules.
local government authority means a body established for the purposes of local government by or under a law of a State or Territory.
maximum accommodation payment amount: see subsection 289(1).
maximum accommodation supplement amount: see subsection 235(3).
maximum daily amount of the resident contribution: see section 277.
maximum hotelling supplement amount: see subsection 235(4).
maximum non‑clinical care contribution: see subsection 279(3).
maximum period of effect for a classification level for a classification type for a service group: see subsection 80(4).
means not disclosed status:
(a) for an individual accessing funded aged care services in a home or community setting—see section 314A; and
(b) for an individual accessing funded aged care services in an approved residential care home—see section 320.
means testing category: see subsection 8(4).
member of a couple means:
(a) an individual who is legally married to another individual, and is not living separately and apart from the individual on a permanent basis; or
(b) an individual whose relationship with another individual (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section, and who is not living separately and apart from the other individual on a permanent basis; or
(c) an individual who lives with another individual (whether of the same sex or a different sex) in a de facto relationship, although not legally married to the other individual.
minimum permissible asset value: see subsection 305(2).
Multi‑Purpose Service Program means a specialist aged care program given effect through one or more agreements entered into by the Commonwealth under paragraph 247(1)(a) for the purpose of the delivery of funded aged care services at a place co‑located with a hospital or other health service as a part of an integrated service arrangement.
National Disability Insurance Scheme has the meaning given by the NDIS Act.
National Law has the same meaning as in the Health Insurance Act 1973.
NDIS Act means the National Disability Insurance Scheme Act 2013.
NDIS banning order means a banning order made under section 73ZN of the NDIS Act.
NDIS clearance decision means a clearance decision within the meaning of paragraph 379(7)(c).
NDIS exclusion decision means an exclusion decision within the meaning of paragraph 379(7)(e).
NDIS worker screening law has the same meaning as in the NDIS Act.
nominated ART member: see paragraph 432(1)(b).
non‑clinical care contribution: see section 279.
notional assistive technology account means a notional account established for an individual under subsection 211(1).
notional home care account means a notional account established for an individual under subsection 226E(1).
notional home modifications account means a notional account established for an individual under subsection 220(1).
notional ongoing home support account means a notional account established for an individual under subsection 193(1).
notional service delivery branch account means a notional account established for a service delivery branch of a registered provider under subsection 203(1).
notional short‑term home support account means a notional account established for an individual under subsection 195(1).
nursing means the provision of services by or under the supervision of a registered nurse acting within the registered nurse’s scope of practice.
nursing assistant means a person:
(a) who is not a registered nurse or enrolled nurse; and
(b) who works under the direct control and supervision of a registered nurse; and
(c) whose work is solely to assist a registered nurse or enrolled nurse in the delivery of nursing.
official, of a Commonwealth entity, has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
official of the Pricing Authority has the same meaning as in the National Health Reform Act 2011.
old Act means the Aged Care Act 1997.
ongoing funded aged care service, a funded aged care service delivered by a registered provider to an individual is an ongoing funded aged care service delivered through a service group if:
(a) the individual has an access approval in effect for the classification type ongoing for the service group; and
(b) the provider has given the System Governor a start notification for delivering funded aged care services on that basis to the individual.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
parent: without limiting who is a parent of an individual, a person is the parent of an individual if the individual is the person’s child because of the definition of child in this section.
partner, in relation to an individual, means the other member of a couple of which the individual is also a member.
payment period, for the service group residential care: see section 255.
person‑centred subsidy:
(a) for the service group home support—see sections 191 and 192; and
(b) for the service group assistive technology—see sections 209 and 210; and
(c) for the service group home modifications—see sections 218 and 219; and
(d) for the service group residential care—see sections 227 and 228.
personal information has the same meaning as in the Privacy Act 1988.
person‑centred subsidy reduction: see section 235.
police officer means any of the following:
(a) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979);
(b) a special member of the Australian Federal Police (within the meaning of that Act);
(c) a member of the police force or police service of a State or Territory.
post‑entry warrant: see paragraph 431(1)(a).
price charged, for the delivery of a funded aged care service, has the meaning prescribed by the rules.
Pricing Authority means the Independent Health and Aged Care Pricing Authority.
primary person‑centred supplements:
(a) for the service group home support—see section 196; and
(b) for the service group residential care—see section 230.
protected entity: see subsection 163(3).
protected information: see section 21.
provider‑based subsidy:
(a) for the service group home support—see sections 201 and 202; and
(b) for the service group residential care—see sections 236 and 237.
provider‑based subsidy reduction: see section 242.
provider‑based supplements:
(a) for a service delivery branch of a registered provider—see section 205; and
(b) for an approved residential care home of a registered provider—see section 239.
provider registration category: see subsection 11(3).
provisional subsidy amount, for a registered provider in relation to an individual:
(a) for person‑centred subsidy for an ongoing or short‑term funded aged care service delivered to the individual through the service group home support—see section 192; and
(b) for provider‑based subsidy for an ongoing funded aged care service delivered to the individual through the service group home support—see section 202; and
(c) for person‑centred subsidy for an ongoing or short‑term funded aged care service delivered to the individual through the service group assistive technology—see section 210; and
(d) for person‑centred subsidy for a registered provider for a short‑term funded aged care service delivered to an individual through the service group home modifications—see section 219.
published accommodation payment amount, for an approved residential care home or a distinct part of an approved residential care home: see subsection 291(5).
quarter means a period of 3 months beginning on 1 July, 1 October, 1 January or 1 April.
reasonably practicable in relation to a duty under Part 5 of Chapter 3: see subsection 179(2).
reconsideration decision: see subsections 564(2) and 565(2).
recoverable amount: see section 514.
refundable accommodation contribution means accommodation contribution that:
(a) does not accrue daily; and
(b) is paid as a lump sum.
refundable accommodation deposit means accommodation payment that:
(a) does not accrue daily; and
(b) is paid as a lump sum.
refundable deposit means:
(a) a refundable accommodation contribution; or
(b) a refundable accommodation deposit.
refundable deposit balance, in relation to a refundable deposit, at a particular time, means the amount worked out by:
(a) taking the sum of:
(i) the refundable deposit; and
(ii) any amounts that, as at that time, have been paid as top up amounts (as mentioned in paragraphs 294(2)(g) and (h) and 294(3)(f) and (i)); and
(b) subtracting any amounts that, as at that time, have been deducted from the refundable deposit balance under this Act.
registered NDIS provider has the meaning given by the NDIS Act.
registered nurse has the same meaning as in the Health Insurance Act 1973.
registered provider: see subsection 11(2).
registration of providers functions means the functions of the Commissioner under section 351.
registration period, in relation to a registered provider, means the period for which the registration of the provider is in force.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
relevant information means information obtained or generated by a person in the course of or for the purposes of:
(a) performing functions or duties, or exercising powers, under this Act; or
(b) assisting another person to perform functions or duties, or exercise powers, under this Act.
relevant period, in relation to a claim for person‑centred subsidy or provider‑based subsidy for the service group home support, assistive technology or home modifications—see subsection 251(2).
reportable incident: see section 16.
required action notice: see sections 474 and 475.
residential care home: see subsections 10(2) to (4).
responsible person: see section 12.
restrictive practice: see section 17.
retention amount: see section 308.
Note: A retention amount is an amount that a registered provider must deduct from a refundable deposit balance.
retention period, for an individual: see subsection 308(1).
reviewable decision: see sections 556, 557 and 558.
RSA (short for retirement savings account) has the same meaning as in the Retirement Savings Accounts Act 1997.
rules means the rules made under section 602.
safeguarding functions means the functions of the Commissioner under section 349.
secondary person‑centred supplements:
(a) for a classification type for the service group home support—see section 197; and
(b) for a classification type for the service group assistive technology—see section 214; and
(c) for a classification type for the service group home modifications—see section 223; and
(d) for a classification type for the service group residential care—see section 231.
serious failure:
(a) in relation to conduct of a registered provider—see subsection 179(4); and
(b) in relation to conduct of a responsible person—see subsection 180(5).
serious injury or illness of an individual means an injury or illness requiring the individual to have:
(a) immediate treatment for:
(i) the amputation of any part of the individual’s body; or
(ii) a serious head injury; or
(iii) a serious eye injury; or
(iv) a serious burn; or
(v) the separation of the individual’s skin from an underlying tissue (such as degloving or scalping); or
(vi) a spinal injury; or
(vii) the loss of a bodily function; or
(viii) serious lacerations; or
(ix) a serious wound or pressure injury; or
(b) medical treatment within 48 hours of exposure to a substance;
and includes any other injury or illness prescribed by the rules but does not include an illness or injury of a kind prescribed by the rules.
service includes the supply of goods.
service agreement means an agreement that meets any requirements prescribed by rules made for the purposes of paragraph 148(c).
service delivery branch has the meaning prescribed by the rules.
service group: see subsection 8(3).
service pension has the meaning given by subsection 5Q(1) of the Veterans’ Entitlements Act 1986.
service type: see subsection 8(2).
SES office or position means an office or position that is held or occupied, or the duties of which are performed, by an SES employee or acting SES employee.
setting means a residential care home or a home or community setting.
short‑term funded aged care service, a funded aged care service delivered by a registered provider to an individual is a short‑term funded aged care service delivered through a service group if:
(a) the individual has an access approval in effect for the classification type short‑term for the service group; and
(b) the provider has given the System Governor a start notification for delivering funded aged care services on that basis to the individual.
sickness means an infirmity, illness, disease, incapacity or impairment.
significant failure, in relation to the conduct of a registered provider or responsible person of a registered provider: see subsection 19(1).
social leave: see subsection 244(7).
specialist aged care program, means a Government program for delivering funded aged care services that:
(a) is given effect through one or more agreements or arrangements entered into by the Commonwealth under subsection 247(1) or section 264 for the program; and
(b) meets any other requirements prescribed by the rules.
standard base provider amount: see subsection 242(2).
start day, for an individual:
(a) for a classification type for the service group home support, assistive technology or home modifications—means the day a registered provider starts delivering funded aged care services to the individual for the classification type for the service group through a service delivery branch of the registered provider; and
(b) for a classification type for the service group residential care—means the day a registered provider starts delivering funded aged care services to the individual for the classification type for the service group at an approved residential care home of the registered provider.
start notification: see paragraph 149(b).
Statement of Principles means the principles in section 25.
Statement of Rights means the rights in section 23.
statutory funding condition has the meaning given by section 267.
subsidy means any of the following:
(a) person‑centred subsidy;
(b) provider‑based subsidy;
(ba) subsidy referred to in section 242A;
(c) subsidy referred to in section 248.
subsidy basis, for the delivery of a funded aged care service, means any of the following:
(a) efficient price;
(b) unit price;
(c) cost.
suitability matter in relation to an individual: see section 13.
supporter, of an individual, means a person registered as a supporter of the individual under section 37.
systematic pattern of conduct, in relation to the conduct of a registered provider or responsible person of a registered provider: see subsection 19(2).
System Governor means the Secretary of the Department.
this Act includes:
tier amount for an individual for an account period:
(a) for the service group assistive technology—see section 212; and
(b) for the service group home modifications—see section 221.
total assessable income free area: see subsection 319(2).
Transition Care Program means a specialist aged care program given effect through one or more agreements entered into by the Commonwealth under paragraph 247(1)(b) for the purpose of the delivery of funded aged care services to individuals with access approvals in effect for the classification type hospital transition for a service group.
transition time means the time this Act commences.
unit price, for the delivery of a funded aged care service, is the amount prescribed by the rules.
unspent care recipient portion, for an individual: see section 273A.
unspent Commonwealth portion, for an individual: see section 226A.
use, in relation to information, includes make a record of.
veteran payment has the meaning given by subsection 5Q(1) of the Veterans’ Entitlements Act 1986.