This instrument is the Aged Care (Consequential and Transitional Provisions) Rules 2025.
2 Commencement
(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.
Division Division 7 - Aged Care (Consequential and Transitional Provisions) Rules 2025 - Conditions on registration of registered providers—management of incidents and complaints | Zoe
Note: This table relates only to the provisions of this instrument as originally made.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.
(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.
3 Authority
This instrument is made under the following:
(a) item 65 of Schedule 2 to the Aged Care (Consequential and Transitional Provisions) Act 2024;
(b) the Aged Care Act 2024;
(c) the Aged Care Act 1997;
(d) the Aged Care (Transitional Provisions) Act 1997;
(e) the Aged Care Quality and Safety Commission Act 2018.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
5 Definitions
(1) In this instrument:
Accountability Principles means the Accountability Principles 2014.
Approval of Care Recipients Principles means the Approval of Care Recipients Principles 2014.
Classification Principles means the Classification Principles 2014.
CTP Act means the Aged Care (Consequential and Transitional Provisions) Act 2024.
CTP Determination means the Aged Care (Consequential and Transitional Provisions) Determination 2025.
Fees and Payments Principles means the Fees and Payments Principles 2014 (No. 2).
new rules means the Aged Care Rules 2025.
Quality of Care Principles means the Quality of Care Principles 2014.
SFP Determination means the Aged Care (Subsidy, Fees and Payments) Determination 2014.
User Rights Principles means the User Rights Principles 2014.
(2) An expression used in a provision of this instrument and defined in subitem 1(1) of Schedule 2 to the CTP Act has the same meaning in that provision as it has in that Schedule.
Note: The following expressions used in this instrument are defined in subitem 1(1) of Schedule 2 to the CTP Act:
(a) Commission Act;
(b) Commission Rules;
(c) new Act;
(e) new law;
(f) old Act;
(g) old law;
(h) old Principles;
(i) old Transitional Provisions Act;
(j) old Transitional Provisions Principles;
(k) Subsidy Principles;
(l) transition time.
(3) An expression used in a provision of this instrument and in the new law has the same meaning in that provision as it has in the new law, subject to subsection (4).
(4) An expression used in a provision of this instrument and in the old law has the same meaning in that provision as it had in the old law to the extent that:
(a) the use of the expression in that provision relates to an event that occurred, or a state of affairs that existed, under the old law before the transition time; or
(b) the provision has the effect that a provision of the old law continues to apply despite the repeal of the old law.
Part 2—Matters for Chapter 1 of the new Act
Division 1—Definitions
6 Entry day
(1) This section applies to an individual if:
(a) before the transition time, the individual had entered a home care service; and
(b) immediately before the transition time, the individual had not ceased to be provided with home care through the home care service; and
(c) at the transition time, the individual is, because of paragraph 2(1)(c) of Schedule 2 to the CTP Act, taken to be approved under paragraph 65(2)(a) of the new Act for the following:
(i) the classification type ongoing for the service group home support;
(ii) the classification type short‑term for the service group assistive technology;
(iii) the classification type short‑term for the service group home modifications.
(2) For the purposes of the new Act, the entry day for the individual for the classification types for the service groups is taken to be the day of the transition time.
Division 2—Registration of supporters
7 Deemed registration of supporters
Deemed registration
(1) The System Governor is taken to have decided, at the transition time, to register a person to be a supporter of an individual under subsection 37(1) of the new Act if, immediately before the transition time, the person was a representative for the individual in the service known as My Aged Care.
Notification of deemed registration not required
(2) Section 39 of the new Act does not apply to a deemed registration of a person as a supporter of an individual under subsection (1).
Period of effect of deemed registration
(3) A deemed registration of a person as a supporter of an individual under subsection (1) takes effect at the transition time.
(4) Subject to subsection 49(4) of the new Act (which provides that registrations have no effect while suspended), a deemed registration of a person as a supporter of an individual under subsection (1) remains in effect until the earliest of the following:
(a) the registration is cancelled under Division 5 of Part 4 of Chapter 1 of the new Act;
(b) the individual dies;
(c) the supporter dies;
(d) the end date (if any) recorded, immediately before the transition time, in the service known as My Aged Care as the date on which the person ceases to be a representative of the individual.
8 Deemed requests for registration
A person is taken, at the transition time, to have made a request to be registered as a supporter of an individual under subsection 37(1) of the new Act if, immediately before the transition time, the person had had a pending relationship with the individual in the service known as My Aged Care for a period of not more than 30 days.
Part 3—Matters for Chapter 2 of the new Act
Division 1—Eligibility for entry
9 Deemed applications for access, eligibility determinations and arrangements for aged care needs assessments—individuals for whom assessment of care needs in progress under old law
(1) This section applies to an individual if immediately before the transition time:
(a) the care needs of the individual were being assessed under subsection 22‑4(1) of the old Act; and
(b) a decision had not been made under subsection 22‑1(2) of the old Act to approve the individual, or to reject an application to approve the individual, as a recipient of one or more types of aged care; and
(c) a decision had not been made about the individual’s eligibility for Commonwealth Home Support Programme services.
(2) At the transition time:
(a) the individual is taken to have applied to the System Governor for access to funded aged care services under subsection 56(1) of the new Act; and
(b) the System Governor is taken to have decided to make an eligibility determination for an aged care needs assessment for the individual under subsection 57(1) of the new Act, regardless of whether section 58 of the new Act applies in relation to the individual; and
(c) the System Governor is taken to have arranged for an aged care needs assessment for the individual to be undertaken by an approved needs assessor under subsection 61(1) of the new Act.
(3) For the purposes of paragraph (2)(c) of this section, the assessment of the care needs of the individual under subsection 22‑4(1) of the old Act that was occurring immediately before the transition time continues in force for an aged care needs assessment under subsection 61(1) of the new Act that occurs after the transition time.
10 Deemed applications for access, eligibility determinations and aged care needs assessments—individuals for whom assessment of care needs finalised but individuals not approved as recipients of aged care under old law
(1) This section applies to an individual if:
(a) before the transition time, the care needs of the individual had been assessed under subsection 22‑4(1) of the old Act; and
(b) immediately before the transition time:
(i) a decision had not been made under subsection 22‑1(2) of the old Act to approve the individual, or to reject an application to approve the individual, as a recipient of one or more types of aged care; and
(ii) a decision had not been made about the individual’s eligibility for Commonwealth Home Support Programme services.
(2) At the transition time:
(a) the individual is taken to have applied to the System Governor for access to funded aged care services under subsection 56(1) of the new Act; and
(b) the System Governor is taken to have decided to make an eligibility determination for an aged care needs assessment for the individual under subsection 57(1) of the new Act, regardless of whether section 58 of the new Act applies in relation to the individual; and
(c) the assessment of the care needs of the individual under subsection 22‑4(1) of the old Act is taken to be an aged care needs assessment:
(i) taken to have been arranged by the System Governor under subsection 61(1) of the new Act; and
(ii) taken to have been undertaken by an approved needs assessor under section 62 of the new Act; and
(iii) a report of which is taken to have been provided to the System Governor under subsection 63(1) of the new Act.
11 Applications, assessments and approval decisions—individuals who accessed aged care under old law without first being approved
(1) This section applies to an individual if:
(a) immediately before the transition time, the individual was provided with aged care before being approved as a recipient of that type of aged care under section 22‑1(2) of the old Act; and
(b) before the transition time, a decision had not been made under that subsection to approve the individual, or to reject an application to approve the individual, as a recipient of one or more types of aged care.
(2) After the transition time:
(a) if the individual had not applied to the Secretary under section 22‑3 of the old Act to be approved as a recipient of one or more types of aged care—the individual must do so and the care needs of the individual may be assessed under section 22‑4 of the old Act; or
(b) if the individual had applied to the Secretary under section 22‑3 of the old Act to be approved as a recipient of one or more types of aged care but the care needs of the individual had not been assessed under section 22‑4 of the old Act—that assessment may be carried out.
(3) If the individual applies, or had applied, as mentioned in paragraph (2)(a) or (b), a decision must be made under subsection 22‑1(2) of the old Act (in accordance with Division 22 of Part 2.3 of Chapter 2 of the old Act) to approve the individual, or to reject an application to approve the individual, as a recipient of one or more types of aged care.
(4) Despite the repeal of the old Act, Division 22 of Part 2.3 of Chapter 2 of the old Act, and any provision necessary for the effectual operation of that Division, continue to apply in relation to the individual and the application, on and after the transition time, as if that repeal had not happened.
(5) Despite the repeal of the Approval of Care Recipients Principles, sections 12 and 13 of those Principles, and any provision necessary for the effectual operation of those sections, continue to apply in relation to the individual and the application, on and after the transition time, as if that repeal had not happened.
(6) Subsection 58(1) of Schedule 2 to the CTP Act applies in relation to the individual and the application as if the following were inserted after paragraph (a) of that subsection:
‘(aa) a decision of the Secretary made after the transition time under Division 22 of Part 2.3 of Chapter 2 of the old Act in accordance with the transitional rules;’
12 Deemed applications for access, eligibility determinations and aged care needs assessments, and modified operation of new Act—individuals who are not aged persons in the National Disability Insurance Agency cohort
(1) This section applies to an individual if:
(a) before the transition time:
(i) subsection 11A(1) of the Approval of Care Recipients Principles applied to the individual; and
(ii) the individual’s application mentioned in that subsection was accompanied by the document referred to in paragraph 11A(2)(a) of those Principles; and
(b) immediately before the transition time:
(i) the care needs of the individual had not been assessed under subsection 22‑4(1) of the old Act; and
(ii) the individual had not been approved as a recipient of residential care under subsection 22‑1(2) of the old Act.
(2) At the transition time:
(a) the individual is taken to have applied to the System Governor for access to funded aged care services under subsection 56(1) of the new Act; and
(b) the System Governor is taken to have decided to make an eligibility determination for an aged care needs assessment for the individual under subsection 57(1) of the new Act, regardless of whether section 58 of the new Act applies in relation to the individual; and
(c) an aged care needs assessment for the individual is taken to have been:
(i) arranged by the System Governor under subsection 61(1) of the new Act; and
(ii) undertaken by an approved needs assessor under section 62 of the new Act; and
(d) the document referred to in subparagraph (1)(a)(ii) of this section is taken:
(i) to be a report of the aged care needs assessment for the individual; and
(ii) to have been provided to the System Governor under subsection 63(1) of the new Act.
(3) Section 65 of the new Act applies in relation to the individual as if subsection (3) of that section were omitted and substituted with the following:
‘(3) However, the System Governor must not approve a service group, service type or funded aged care service under subsection (2) for an individual unless the individual meets the criteria specified in section 6 of the Approval of Care Recipients Principles 2014, as in force immediately before the transition time.’
13 Deemed applications for access, eligibility determinations and aged care needs assessments, and modified operation of new Act—individuals who are not aged persons in the Ability First Australia cohort
(1) This section applies to an individual if:
(a) before the transition time:
(i) subsection 11A(1) of the Approval of Care Recipients Principles applied to the individual; and
(ii) the individual’s application mentioned in that subsection was accompanied by the document referred to in paragraph 11A(2)(b) of those Principles; and
(b) immediately before the transition time:
(i) the care needs of the individual had not been assessed under subsection 22‑4(1) of the old Act; and
(ii) the individual had not been approved as a recipient of residential care under subsection 22‑1(2) of the old Act.
(2) At the transition time:
(a) the individual is taken to have applied to the System Governor for access to funded aged care services under subsection 56(1) of the new Act; and
(b) the System Governor is taken to have decided to make an eligibility determination for an aged care needs assessment for the individual under subsection 57(1) of the new Act, regardless of whether section 58 of the new Act applies in relation to the individual; and
(c) an aged care needs assessment for the individual is taken to have been:
(i) arranged by the System Governor under subsection 61(1) of the new Act; and
(ii) undertaken by an approved needs assessor under section 62 of the new Act; and
(d) the document referred to in subparagraph (1)(a)(ii) of this section is taken:
(i) to be a report of the aged care needs assessment for the individual; and
(ii) to have been provided to the System Governor under subsection 63(1) of the new Act.
(3) Section 65 of the new Act applies in relation to the individual as if subsection (3) of that section were omitted and substituted with the following:
‘(3) However, the System Governor must not approve a service group, service type or funded aged care service under subsection (2) for an individual unless the individual meets the criteria specified in sections 6 and 7 of the Approval of Care Recipients Principles 2014, as in force immediately before the transition time.’
14 Approval of access to funded aged care services
Notice of decision not required
(1) Subsection 70(1) of the new Act does not apply to a decision under subsection 65(1) or (2) of the new Act taken to have been made under subitem 2(1) or 3(1) of Schedule 2 to the CTP Act in relation to an individual (deemed access approval).
Period of effect of deemed access approval
(2) Subsection 71(1) of the new Act does not apply to a deemed access approval.
(3) A deemed access approval takes effect at the transition time.
(4) A deemed access approval remains in effect until the earlier of the following:
(a) the individual’s eligibility determination for an aged care needs assessment, or the deemed access approval, is revoked under section 73 or 74 of the new Act;
(b) another decision is made for the individual under subsections 65(1) and (2) of the new Act.
Division 2—Classification
Subdivision A—Requests for reclassification under the old law
15 Requests for reclassification under the old law
(1) This section applies to an individual if:
(a) before the transition time, a request for reclassification of the individual for respite care or non‑respite care was made under section 29D‑1 of the old Act; and
(b) immediately before the transition time, a decision had not been made under that section to reclassify the individual, or not to reclassify the individual.
(2) After the transition time, a decision must be made under section 29D‑1 of the old Act to reclassify the individual, or not to reclassify the individual.
(3) Despite the repeal of the old Act and the Classification Principles, and subject to this section:
(a) Divisions 29C and 29D of Part 2.4A of Chapter 2 of the old Act; and
(b) Chapter 3 of the Classification Principles; and
(c) any provision necessary for the effectual operation of those provisions;
continue to apply in relation to the individual and the application, on and after the transition time, as if that repeal had not happened.
(4) If the decision is not to reclassify the individual, the decision is taken to have taken effect immediately before the transition time.
(5) If the decision is to reclassify the individual, the decision is taken:
(a) to be a classification decision under section 78 of the new Act to establish a classification level for the individual:
(i) if the decision was to reclassify the individual for non‑respite care—for the classification type ongoing for the service group residential care; or
(ii) if the decision was to reclassify the individual for respite care—for the classification type short‑term for the service group residential care; and
(b) to have established the classification level of the class (for the classification type ongoing) or respite class (for the classification type short‑term) with the corresponding number to the classification decided by the decision; and
(c) to have taken effect at the transition time.
Subdivision B—Notice of decisions
16 Classification decisions taken to have been made under the CTP Act
Subsection 79(1) of the new Act does not apply to a classification decision under subsection 78(1) of the new Act taken to have been made under paragraph 4(1)(a) or 4(2)(a) of Schedule 2 to the CTP Act in relation to an individual.
Subdivision C—Period of effect for classification levels
17 Purpose of this Subdivision
For the purposes of subsection 80(1) of the new Act, this Subdivision prescribes, subject to subsection 80(3) of the new Act, the period of effect for a classification level for a classification type for a service group taken to be established for an individual by the CTP Determination.
18 Service group home support—classification type ongoing
HCP class 1, 2, 3 and 4
(1) Subject to subsection (2), for the classification level HCP class 1, 2, 3 or 4 for the classification type ongoing for the service group home support, taken to be established for an individual by the CTP Determination, the period of effect:
(a) starts:
(i) if, as at the transition time, the individual had entered a home care service and had not ceased to be provided with home care through the home care service—at the transition time; or
(ii) if, as at the transition time, the individual was a prioritised home care recipient but had not entered a home care service—at the earlier of the following:
(A) the start of the day a registered provider starts delivering funded aged care services to the individual through the service group for the classification level (other than under a specialist aged care program);
(B) at the start of the day a place allocated under subsection 92(1) of the new Act to the individual for the classification type for the service group takes effect under section 92A of the new Act; and
(iii) if, as at the transition time, the individual was not a prioritised home care recipient—at the start of the day a place allocated under subsection 92(1) of the new Act to the individual for the classification type for the service group takes effect under section 92A of the new Act; or
(b) ends at the end of the earlier of the following (as applicable):
(i) the day a place allocated to the individual under subsection 92(1) of the new Act for a different classification level for the classification type for the service group takes effect under section 92A of the new Act;
(ii) the day a classification level for the classification type ongoing for the service group residential care takes effect for the individual;
(iii) the day the individual dies.
(2) If more than one of the classification levels HCP class 1, 2, 3 or 4 for the classification type ongoing for the service group home support is taken to be established for an individual by the CTP Determination, subsection (1) applies to those classifications in the following order:
(a) if, as at immediately before the transition time, the individual was a prioritised home care recipient—the classification level taken to be established on the basis of the individual’s level of care as a prioritised home care recipient;
(b) if, as at immediately before the transition time, the individual was not a prioritised home care recipient—the highest of the classification levels taken to be established on the basis of the levels of care to which the individual’s approval as a recipient of care was limited.
CHSP transitional
(3) For the classification level CHSP transitional for the classification type ongoing for the service group home support, taken to be established for an individual by the CTP Determination, the period of effect:
(a) starts at the transition time; and
(b) ends at the end of the earlier of the following (as applicable):
(i) the day a place allocated to the individual under subsection 92(1) of the new Act for a different classification level for the classification type for the service group takes effect under section 92A of the new Act;
(ii) the day a classification level for the classification type ongoing for the service group residential care takes effect for the individual;
(iii) the day the individual dies.
HSO MPSP
(4) For the classification level HSO MPSP for the classification type ongoing for the service group home support, taken to be established for an individual by the CTP Determination, the period of effect:
(a) starts at the transition time; and
(b) ends at the end of the earlier of the following (as applicable):
(i) the day a place allocated to the individual under subsection 92(1) of the new Act for a different classification level for the classification type for the service group takes effect under section 92A of the new Act;
(ii) the day the individual starts accessing funded aged care services in an approved residential care home other than under the MPSP;
(iii) the day the individual dies.
HSO NATSIFACP
(5) For the classification level HSO NATSIFACP for the classification type ongoing for the service group home support, taken to be established for an individual by the CTP Determination:
(a) the classification level does not take effect if another classification level for the classification type for the service group, taken to be established for the individual by the CTP Determination, is in effect; and
(b) subject to paragraph (a), the period of effect for the classification level starts:
(i) if the individual was accessing services under the NATSIFACP immediately before the transition time—at the transition time; or
(ii) if the individual was not accessing services under the NATSIFACP immediately before the transition time—at the start of the day a registered provider starts delivering funded aged care services to the individual through the service group under the NATSIFACP; and
(c) the period of effect for the classification level ends at the end of the earlier of the following (as applicable):
(i) the day a place allocated to the individual under subsection 92(1) of the new Act for a different classification level for the classification type for the service group takes effect under section 92A of the new Act;
(ii) the day the individual starts accessing funded aged care services in an approved residential care home other than under the NATSIFACP;
(iii) the day the individual dies.
19 Service group home support—classification type short‑term
SAH restorative care pathway
(1) For the classification level SAH restorative care pathway for the classification type short‑term for the service group home support, established for an individual by the CTP determination:
(a) the classification level does not take effect if a registered provider does not start delivering funded aged care services to the individual through the service group for the classification level within 6 months from the day the individual was approved under section 22‑1 of the old Act as a recipient of flexible care in the form of short‑term restorative care; and
(b) the classification level is not in effect on a day if more than one episode of short‑term restorative care had commenced for the individual in the 12 months before the day; and
(c) subject to paragraphs (a) and (b), the period of effect for the classification level starts at the start of the day a registered provider starts delivering funded aged care services to the individual through the service group for the classification level; and
(d) the period of effect for the classification level ends at the earliest of the following (as applicable):
(i) the end of the maximum period of effect for the classification level (see section 80‑55 of the new rules);
(ii) the end of the day a classification decision is made to establish a classification level (other than CHSP class) for the classification type ongoing for the service group home support for the individual;
(iii) the end of the day a classification level for the classification type ongoing for the service group residential care takes effect for the individual;
(iv) the end of the day the individual dies.
STRC class
(2) For the classification level STRC class for the classification type short‑term for the service group home support, taken to be established for an individual by the CTP Determination, the period of effect:
(a) starts at the transition time; and
(b) subject to paragraph (c), consists of each day, on or after the day of the transition time, on which:
(i) a registered provider delivers funded aged care services to the individual for the classification type for the service group; and
(ii) the total of the following is less than the maximum period of effect for the classification level (see section 26):
(A) the number of days on which the individual had previously accessed funded aged care services for the classification type for the service group;
(B) if, immediately before the transition time, an episode of short‑term restorative care had commenced but had not been completed for the individual—the number of days in that episode that occurred before the transition time; and
(c) ends at the earliest of the following (as applicable):
(i) the end of the maximum period of effect for the classification level (see section 26);
(ii) if, before the end of the maximum period of effect for the classification level (see section 26), the total of the following is 7 days—the end of the most recent day on which the individual accessed funded aged care services for the classification type for the service group:
(A) days on which the individual does not access funded aged care services for the classification type for the service group;
(B) if, immediately before the transition time, an episode of short‑term restorative care had commenced but had not been completed for the individual—days after the start of that episode and before the transition time on which the individual was not provided with flexible care in the form of short‑term restorative care;
(iii) the end of the day a classification level for the classification type ongoing for the service group residential care takes effect for the individual;
(iv) the end of the day the individual dies.
HSST MPSP
(3) For the classification level HSST MPSP for the classification type short‑term for the service group home support, taken to be established for an individual by the CTP Determination, the period of effect:
(a) starts at:
(i) for an individual referred to in subparagraph 2(2)(d)(i) of Schedule 2 to the CTP Act—the transition time; or
(ii) for an individual referred to in subparagraph 2(2)(d)(ii) of that Schedule—the start of the day the registered provider that is party to the written agreement with the individual referred to in that subparagraph starts delivering funded aged care services to the individual under the MPSP; and
(b) ends at the end of the earlier of the following (as applicable):
(i) the day the individual starts accessing funded aged care services in an approved residential care home other than under the MPSP;
(ii) the day the individual dies.
HSST NATSIFACP
(4) For the classification level HSST NATSIFACP for the classification type short‑term for the service group home support, taken to be established for an individual by the CTP Determination:
(a) the classification level does not take effect if another classification level for the classification type for the service group, taken to be established for the individual by the CTP Determination, is in effect; and
(b) subject to paragraph (a), the period of effect for the classification level starts:
(i) if the individual was accessing services under the NATSIFACP immediately before the transition time—at the transition time; or
(ii) if the individual was not accessing services under the NATSIFACP immediately before the transition time—at the start of the day a registered provider starts delivering funded aged care services to the individual through the service group under the NATSIFACP; and
(c) the period of effect for the classification level ends at the end of the earlier of the following (as applicable):
(i) the day the individual starts accessing funded aged care services in an approved residential care home other than under the NATSIFACP;
(ii) the day the individual dies.
20 Service group assistive technology—classification type short‑term
AT medium
(1) For the classification level AT medium for the classification type short‑term for the service group assistive technology, established for an individual by the CTP Determination, the period of effect:
(a) starts at the transition time; and
(b) ends at the end of the earliest of the following (as applicable):
(i) the account period for the individual’s notional assistive technology account established in respect of that classification level;
(ii) the day a classification level for the classification type ongoing for the service group residential care takes effect for the individual;
(iii) the day the individual dies.
AT CHSP
(2) For the classification level AT CHSP for the classification type short‑term for the service group assistive technology, taken to be established for an individual by the CTP Determination, the period of effect:
(a) starts at the transition time; and
(b) ends at the end of the earliest of the following (as applicable):
(i) the day a classification level for the classification type ongoing for the service group home support, established for an individual by a classification decision made after the transition time, takes effect for the individual;
(ii) the day a classification level for the classification type ongoing for the service group residential care takes effect for the individual;
(iii) the day the individual dies.
AT transitional
(3) For the classification level AT transitional for the classification type short‑term for the service group assistive technology, taken to be established for an individual by the CTP Determination, the period of effect:
(a) starts at:
(i) for an individual other than an individual referred to in subparagraph 2(2)(d)(ii) of Schedule 2 to the CTP Act—the transition time; or
(ii) for an individual referred to in subparagraph 2(2)(d)(ii) of that Schedule—the start of the day the registered provider that is party to the written agreement with the individual referred to in that subparagraph starts delivering funded aged care services to the individual under the MPSP; and
(b) ends at the earliest of the following (as applicable):
(i) when the individual’s notional home care account ceases under subsection 226E(9) of the new Act;
(ii) the end of the period of effect for the individual of the classification level STRC class for the classification type short‑term for the service group home support;
(iii) the day the individual starts accessing funded aged care services in an approved residential care home (other than under a specialist aged care program);
(iv) the end of the day the individual dies.
21 Service group home modifications—classification type short‑term
HM medium
(1) For the classification level HM medium for the classification type short‑term for the service group home modifications, established for an individual by the CTP Determination, the period of effect:
(a) starts at the transition time; and
(b) ends at the end of the earliest of the following (as applicable):
(i) the account period for the individual’s notional home modifications account established in respect of that classification level;
(ii) the day a classification level for the classification type ongoing for the service group residential care takes effect for the individual;
(iii) the day the individual dies.
HM CHSP
(2) For the classification level HM CHSP for the classification type short‑term for the service group assistive technology, taken to be established for an individual by the CTP Determination, the period of effect:
(a) starts at the transition time; and
(b) ends at the end of the earliest of the following (as applicable):
(i) the day a classification level for the classification type ongoing for the service group home support, established for an individual by a classification decision made after the transition time, takes effect for the individual;
(ii) the day a classification level for the classification type ongoing for the service group residential care takes effect for the individual;
(iii) the day the individual dies.
HM transitional
(3) For the classification level HM transitional for the classification type short‑term for the service group home modifications, taken to be established for an individual by the CTP Determination, the period of effect:
(a) starts at:
(i) for an individual other than an individual referred to in subparagraph 2(2)(d)(ii) of Schedule 2 to the CTP Act—the transition time; or
(ii) for an individual referred to in subparagraph 2(2)(d)(ii) of that Schedule—the start of the day the registered provider that is party to the written agreement with the individual referred to in that subparagraph starts delivering funded aged care services to the individual under the MPSP; and
(b) ends at the earlier of the following (as applicable):
(i) the latest of the following:
(A) the end of the period of effect for the individual of the classification level STRC class for the classification type short‑term for the service group home support;
(B) the day the individual starts accessing funded aged care services in an approved residential care home (other than under a specialist aged care program);
(C) when the individual’s notional home care account ceases under subsection 226E(9) of the new Act;
(ii) the end of the day the individual dies.
22 Service group residential care—classification type ongoing
Class 0
(1) For the classification level class 0 for the classification type ongoing for the service group residential care, taken to be established for an individual by the CTP Determination, the period of effect:
(a) starts at:
(i) for an individual who, as at immediately before the transition time, had entered a residential care service—the transition time; or
(ii) for an individual who, as at immediately before the transition time, had not entered a residential care service—the start of the entry day for the classification type for the service group for the individual; and
(b) is otherwise as prescribed by subsection 80‑35(1) of the new rules.
Classes 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13
(2) For the classification level class 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 or 13 for the classification type ongoing for the service group residential care, taken to be established for an individual by the CTP Determination, the period of effect:
(a) starts at the transition time; and
(b) is otherwise as prescribed by subsection 80‑35(2) of the new rules.
RCO MPSP
(3) For the classification level RCO MPSP for the classification type ongoing for the service group residential care, taken to be established for an individual by the CTP Determination, the period of effect:
(a) starts at the transition time; and
(b) ends at the end of the earlier of the following:
(i) the day the individual starts accessing funded aged care services in an approved residential care home other than under the MPSP;
(ii) the day the individual dies.
RCO NATSIFACP
(4) For the classification level RCO NATSIFACP for the classification type ongoing for the service group residential care, taken to be established for an individual by the CTP Determination, the period of effect:
(a) starts at the transition time; and
(b) ends at the end of the earlier of the following:
(i) the day the individual starts accessing funded aged care services in an approved residential care home other than under the NATSIFACP;
(ii) the day the individual dies.
23 Service group residential care—classification type short‑term
Respite class 0
(1) For the classification level respite class 0 for the classification type short‑term for the service group residential care, taken to be established for an individual by the CTP Determination, the period of effect:
(a) subject to paragraph (b), consists of each day, on or after:
(i) for an individual who, as at immediately before the transition time, had entered a residential care service—the day of the transition time; or
(ii) for an individual who, as at immediately before the transition time, had not entered a residential care service—the entry day for the classification type for the service group for the individual;
on which subsection (3) applies to the individual; and
(b) is otherwise as prescribed by subsection 80‑40(1) of the new rules.
Respite classes 1, 2 and 3
(2) For the classification level respite class 1, 2 or 3 for the classification type short‑term for the service group residential care, taken to be established for an individual by the CTP Determination, the period of effect:
(a) subject to paragraph (b), consists of each day, on or after the day of the transition time, on which subsection (3) applies to the individual; and
(b) is otherwise as prescribed by subsection 80‑40(2) of the new rules.
(3) For the purposes of paragraphs (1)(a) and (2)(a), this subsection applies to an individual on a day if, on the day:
(i) a registered provider delivers funded aged care services to the individual for the classification type for the service group at an approved residential care home of the provider (other than under a specialist aged care program); and
(ii) the number of days, during the financial year in which the day occurred, on which the individual had previously:
(i) accessed funded aged care services for the classification type for the service group at an approved residential care home (other than under a specialist aged care program); or
(ii) been provided with respite care;
is less than the maximum period of effect for the classification level (see section 80‑60 of the new rules).
RCST MPSP
(4) For the classification level respite class RCST MPSP for the classification type short‑term for the service group residential care, taken to be established for an individual by the CTP Determination, the period of effect:
(a) starts at:
(i) for an individual referred to in subparagraph 3(2)(e)(i) of Schedule 2 to the CTP Act—the transition time; or
(ii) for an individual referred to in subparagraph 3(2)(e)(ii) of that Schedule—the start of the day the registered provider that is party to the written agreement with the individual referred to in that subparagraph starts delivering funded aged care services to the individual under the MPSP; and
(b) ends at the end of the earlier of the following:
(i) the day the individual starts accessing funded aged care services in an approved residential care home other than under the MPSP;
(ii) the day the individual dies.
RCST NATSIFACP
(5) For the classification level respite class RCST NATSIFACP for the classification type short‑term for the service group residential care, taken to be established for an individual by the CTP Determination, the period of effect:
(a) starts at the transition time; and
(b) ends at the end of the earlier of the following:
(i) the day the individual starts accessing funded aged care services in an approved residential care home other than under the NATSIFACP;
(ii) the day the individual dies.
24 Service group home support, assistive technology or residential care—classification type hospital transition
(1) This section applies to the following classification levels, taken to be established for an individual by the CTP Determination:
(a) HS HT class for the classification type hospital transition for the service group home support;
(b) AT HT class for the classification type hospital transition for the service group assistive technology;
(c) RC HT class for the classification type hospital transition for the service group residential care.
(2) The classification level does not take effect for the individual unless:
(a) immediately before the transition time, an episode of transition care had commenced but had not been completed for the individual; or
(b) a registered provider starts delivering funded aged care services to the individual for the classification level within 28 days from the day the individual was approved as referred to in paragraph 2(2)(c) or 3(2)(d) (as applicable) of Schedule 2 to the CTP Act.
(3) The period of effect for the classification level:
(a) starts at:
(i) for an individual referred to in subparagraph (2)(a)—the transition time; or
(ii) for an individual referred to in subparagraph (2)(b)—the start of the start day for the individual for the classification level; and
(b) subject to paragraph (c), consists of each day, on or after the day the period of effect starts for the individual, on which:
(i) a registered provider delivers funded aged care services to the individual for the classification type for the service group; and
(ii) the total of the following is less than the maximum period of effect for the classification level (see section 80‑65 of the new rules):
(A) the number of days on which the individual had previously accessed funded aged care services for the classification type for the service group;
(B) if, immediately before the transition time, an episode of transition care had commenced but had not been completed for the individual—the number of days in that episode that occurred before the transition time; and
(c) ends at the earliest of the following (as applicable):
(i) the end of the day a classification level for the classification type ongoing for the service group residential care takes effect for the individual;
(ii) if, before the end of the maximum period of effect for the classification level (see section 80‑65 of the new rules), the total of the following is 7 days—the end of the most recent day on which the individual accessed funded aged care services for the classification type for the service group:
(A) days on which the individual does not access funded aged care services for the classification type for the service group;
(B) if, immediately before the transition time, an episode of transition care had commenced but had not been completed for the individual—days after the start of that episode and before the transition time on which the individual was not provided with flexible care in the form of transition care;
(iii) the end of the maximum period of effect for the classification level (see section 80‑65 of the new rules);
(iv) the end of the day the individual dies.
Subdivision D—Maximum period of effect of classification levels
25 Purpose of this Subdivision
For the purposes of subsection 80(1) of the new Act, this Subdivision prescribes, for certain classification levels, the maximum period of effect for the classification level.
26 Service group home support—classification type short‑term—classification level STRC class
For the classification level STRC class for the classification type short‑term for the service group home support, the maximum period of effect is 63 days.
Division 3—Prioritisation
27 Modified operation of new law for certain individuals—home care
Application of section 86 of the new Act
(1) Section 86 of the new Act applies, in accordance with this section, in relation to an individual referred to in paragraph 2(2)(a) of Schedule 2 to the CTP Act if, as at immediately before the transition time, the individual’s priority for home care services under section 22‑2A of the old Act was medium.
(2) Section 86 applies to the individual as if:
(a) the reference to a prioritisation report for the individual were a reference to the most recent assessment of the individual’s care needs under section 22‑4 of the old Act; and
(b) that section required the System Governor to establish a priority category for the individual for the classification type ongoing for the service group home support.
Application of section 87‑5 of the new Rules
(3) Item 6 of the table in subsection 87‑5 of the new Rules applies to the individual as if paragraph (a) in that item referred to more than 6 months from the day the individual’s priority for home care services was determined as medium.
28 Notice of decisions taken to have been made under the CTP Act
Subsection 88(1) of the new Act does not apply to a decision under subsection 86(1) of the new Act taken to have been made under paragraph 4(1)(b) or 4(2)(ab) of Schedule 2 to the CTP Act in relation to an individual.
Division 4—Place allocation
Subdivision A—Allocation of places to individuals
29 Modified operation of Division 1 of Part 5 of Chapter 2 of new Act—notional section 91A
Division 1 of Part 5 of Chapter 2 of the new Act applies as if the following were inserted after section 91:
‘91A Number of places available for allocation at the transition time
(1) This section sets out the methods for working out the following:
(a) the number of places available at the transition time to be allocated to individuals for each service group;
(b) how many of the places mentioned in paragraph (a) for a service group are for allocation for a particular classification type (other than hospital transition) for the service group.
(2) For the service group home support, all of the places available at the transition time to be allocated to individuals are for allocation as full places.
Service group home support
(3) For the service group home support:
(a) the number of places available at the transition time to be allocated to individuals is the total of the following:
(i) the number of individuals referred to in paragraph 2(2)(a) of Schedule 2 to the Aged Care (Consequential and Transitional Provisions) Act 2024 (the CTP Act);
(ii) the number of individuals referred to in paragraph 2(2)(b) of Schedule 2 to the CTP Act; and
(b) the number of places mentioned in paragraph (a) that are for allocation for the classification type ongoing is the number of individuals mentioned in subparagraph (a)(i) who:
(i) were prioritised care recipients but had not entered a home care service (within the meaning of the old Act); or
(ii) had entered a home care service and had not ceased to be provided with home care through the home care service (within the meaning of the old Act); and
(c) the number of places mentioned in paragraph (a) that are for allocation for the classification type short‑term is the number of individuals mentioned in subparagraph (a)(ii).
Service group assistive technology
(4) For the service group assistive technology:
(a) the number of places available at the transition time to be allocated to individuals is the total of the following:
(i) the number of individuals referred to in paragraph 2(2)(a) of Schedule 2 to the CTP Act;
(ii) the number of individuals referred to in paragraph 2(2)(b) of Schedule 2 to the CTP Act; and
(b) the number of places mentioned in paragraph (a) that are for allocation for the classification type short‑term is that number.
Service group home modifications
(5) For the service group home modifications:
(a) the number of places available at the transition time to be allocated to individuals is the total of the following:
(i) the number of individuals referred to in paragraph 2(2)(a) of Schedule 2 to the CTP Act;
(ii) the number of individuals referred to in paragraph 2(2)(b) of Schedule 2 to the CTP Act; and
(b) the number of places mentioned in paragraph (a) that are for allocation for the classification type short‑term is that number.
Service group residential care
(6) For the service group residential care:
(a) the number of places available at the transition time to be allocated to individuals is the total of the following:
(i) the number of individuals referred to in paragraph 3(2)(a) of Schedule 2 to the CTP Act;
(ii) the number of individuals referred to in paragraph 3(2)(b) of Schedule 2 to the CTP Act;
(iii) the number of individuals referred to in paragraph 3(2)(c) of Schedule 2 to the CTP Act, multiplied by 2; and
(iv) the number of individuals referred to in paragraph 3(2)(e) of Schedule 2 to the CTP Act, multiplied by 2; and
(b) the number of places mentioned in paragraph (a) that are for allocation for the classification type ongoing is the total of the following:
(i) the number of individuals mentioned in subparagraph (a)(i);
(ii) the number of individuals mentioned in subparagraph (a)(iii);
(iii) the number of individuals mentioned in subparagraph (a)(iv); and
(d) the number of places mentioned in paragraph (a) that are for allocation for the classification type short‑term is the total of the following:
(i) the number of individuals mentioned in subparagraph (a)(ii);
(ii) the number of individuals mentioned in subparagraph (a)(iii);
(iii) the number of individuals mentioned in subparagraph (a)(iv).
30 Modified operation of Division 1 of Part 5 of Chapter 2 of new Act—application of notional section 91A
Notional section 91A of the new Act:
(a) applies for the purposes of enabling place allocation decisions taken to have been made under paragraph 4(1)(c) or (2)(b) of Schedule 2 to the CTP Act; and
(b) applies in addition to section 91 of the new Act; and
(c) does not affect the operation of section 91 of the new Act after the transition time.
31 Notice of allocation of a place—deemed allocation of places to individuals
Subsections 92(3) and (4) of the new Act do not apply to the allocation of a place under subsection 92(1) of the new Act to an individual that is taken to have occurred under paragraph 4(1)(c) or (2)(b) of Schedule 2 to the CTP Act.
32 When a place is in effect—deemed allocation of places to individuals
(1) A place that is taken, under paragraph 4(1)(c) or (2)(b) of Schedule 2 to the CTP Act, to have been allocated under subsection 92(1) of the new Act to an individual takes effect at the transition time.
(2) This section applies despite subsections 92A(1), (2), (3) and (5) of the new Act.
Subdivision B—Allocation of places to registered providers for certain specialist aged care programs
33 Modified operation of Division 2 of Part 5 of Chapter 2 of new Act—notional section 94A
Division 2 of Part 5 of Chapter 2 of the new Act applies as if the following were inserted after section 94:
‘94A Number of places available for allocation at the transition time
Transition Care Program
(1) For the Transition Care Program:
(a) the number of places available to be allocated to entities at the transition time for delivering funded aged care services through each of the service groups home support, assistive technology and home modifications under the program is 4,598; and
(b) of those places, the number specified in column 2 of an item of the following table must be used to deliver funded aged care services through each of the service groups home support, assistive technology and home modifications in the State or Territory specified in column 1 of the item.
(2) Places available under subsection (1) to be allocated for use in Western Australia are available to also be allocated for use within Christmas Island and the Territory of Cocos (Keeling) Islands.
(3) Places available under subsection (1) to be allocated for use in Queensland are available to also be allocated for use within Norfolk Island.
Multi‑Purpose Service Program
(4) For the Multi‑Purpose Service Program:
(a) the number of places available to be allocated to entities at the transition time for delivering funded aged care services through a service group under the Multi‑Purpose Service Program is 3,814; and
(b) of those places:
(i) 3,322 are places for a residential care home; and
(ii) 492 are places for a home or community setting.
34 Modified operation of Division 1 of Part 5 of Chapter 2 of new Act—application of notional section 94A
Notional section 94A of the new Act:
(a) applies for the purposes of enabling place allocation decisions taken to have been made under sections 35, 36, 37 and 38 of this instrument; and
(b) applies in addition to section 94 of the new Act; and
(c) does not affect the operation of section 94 of the new Act after the transition time.
35 Deemed decisions to allocate places—TCP—deemed registered providers under subitem 5(1) of Schedule 2 to the CTP Act
(1) This section applies in relation to an entity if:
(a) at the transition time, because of subitem 5(1) of Schedule 2 to the CTP Act, the entity is taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and
(b) at the transition time, either or both of the following apply:
(i) because of subparagraph 5(7)(a)(ii) of Schedule 2 to the CTP Act, a place is taken to be, or be part of, an approved residential care home in relation to the entity for the purposes of paragraph 105(1)(b) and section 112 of the new Act;
(ii) because of subitem 5(8) of Schedule 2 to the CTP Act, a flexible care service through which flexible care was provided as transition care and through which the entity provided care is taken to be a service delivery branch of the entity for the purposes of the new Act; and
(c) as at immediately before the transition time, the entity had been allocated places in respect of flexible care subsidy under Division 14 of the old Act, to provide aged care services for a region within a State or Territory:
(i) that had not ceased to have effect; and
(ii) that were not places referred to in paragraph 37(1)(b) or 38(1)(c) of this instrument.
(2) The System Governor is taken to have made the following decisions at the transition time under subsection 95(1) of the new Act:
(a) to allocate to the entity the same total number of places for delivering funded aged care services under the TCP, for the State or Territory that the region is in, as the number of places referred to in paragraph (1)(c) of this section;
(b) a decision that, of that total number of places:
(i) the number that are for the service group residential care is the same as the number that were being used to provide transition care in a residential setting; and
(ii) the number that are for each of the service groups home support, assistive technology and home modifications is the same as the number that were being used to provide transition care in a community setting.
36 Deemed decisions to allocate places—TCP—deemed registered providers and deemed approved residential care homes under items 6 and 7 of Schedule 2 to the CTP Act
(1) This section applies in relation to an entity if:
(a) at the transition time, because of a determination under subitem 6(1) of Schedule 2 to the CTP Act, the entity is taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and
(b) as at immediately before the transition time, the entity was providing flexible care as transition care for a number of places on behalf of an approved provider under an agreement mentioned in section 111 of the Subsidy Principles; and
(c) as at immediately before the transition time, the approved provider had been allocated places in respect of flexible care subsidy under Division 14 of the old Act, to provide aged care services for a region within a State or Territory:
(i) that had not ceased to have effect; and
(ii) that were not places referred to in paragraph 37(1)(b) or 38(1)(c) of this instrument.
(2) The System Governor is taken to have made the following decisions at the transition time under subsection 95(1) of the new Act:
(a) to allocate to the entity the same total number of places for delivering funded aged care services under the TCP, for the State or Territory that the region is in, as the number of places referred to in paragraph (1)(c) of this section;
(b) a decision that, of that total number of places:
(i) the number that are for the service group residential care is the same as the number that were being used to provide transition care in a residential setting; and
(ii) the number that are for each of the service groups home support, assistive technology and home modifications is the same as the number that were being used to provide transition care in a community setting.
37 Deemed decisions to allocate places—MPSP—deemed registered providers under subitem 5(1) of Schedule 2 to the CTP Act
(1) This section applies in relation to an entity if:
(a) at the transition time, because of subitem 5(1) of Schedule 2 to the CTP Act, the entity is taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and
(b) as at immediately before the transition time, the entity had been allocated places in respect of flexible care subsidy under Division 14 of the old Act that were residential care places or home care places (within the meaning of section 87 of the SFP Determination).
(2) The System Governor is taken to have made the following decisions at the transition time under subsection 95(1) of the new Act:
(a) a decision to allocate to the entity the same total number of places for delivering funded aged care services under the MPSP as the number of places referred to in paragraph (1)(b) of this section, reduced by the number of places referred to in subsection (3);
(b) a decision that, of that total number of places:
(i) the number that are for a residential care home is the same as the number that were residential care places; and
(ii) the number that are for a home or community setting is the same as the number that were home care places.
(3) For the purposes of paragraph (2)(a), the places are the places (if any):
(a) that were provisionally allocated; and
(b) in relation to which:
(i) the circumstances referred to in section 15‑2 of the old Act had occurred; or
(ii) the provisional allocation period under section 15‑7 of the old Act had ended.
38 Deemed decisions to allocate places—MPSP—deemed registered providers and deemed approved residential care homes under items 6 and 7 of Schedule 2 to the CTP Act
(1) This section applies in relation to an entity if:
(a) at the transition time, because of a determination under subitem 6(1) of Schedule 2 to the CTP Act, the entity is taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and
(b) as at immediately before the transition time, the entity was delivering flexible care through a multi‑purpose service on behalf of an approved provider; and
(c) as at immediately before the transition time, the approved provider had been allocated places in respect of flexible care subsidy under Division 14 of the old Act that were residential care places or home care places (within the meaning of section 87 of the SFP Determination).
(2) The System Governor is taken to have made the following decisions at the transition time under subsection 95(1) of the new Act:
(a) a decision to allocate to the entity the same total number of places for delivering funded aged care services under the MPSP as the number of places referred to in paragraph (1)(c) of this section, reduced by the number of places referred to in subsection (3);
(b) a decision that, of that total number of places:
(i) the number that are for a residential care home is the same as the number that were residential care places; and
(ii) the number that are for a home or community setting is the same as the number that were home care places.
(3) For the purposes of paragraph (2)(a), the places are the places (if any):
(a) that were provisionally allocated; and
(b) in relation to which:
(i) the circumstances referred to in section 15‑2 of the old Act had occurred; or
(ii) the provisional allocation period under section 15‑7 of the old Act had ended.
39 Other matters for determination under subitem 6(1) of Schedule 2 to the CTP Act
For the purposes of paragraph 6(2)(h) of Schedule 2 to the CTP Act, the other matters that the determination under subitem 6(1) of that Schedule must specify for an entity are the following:
(a) if the System Governor is taken, under section 35 or 36 of this instrument, to have allocated places to the entity for delivering funded aged care services under the TCP—the number of those places;
(b) if the System Governor is taken, under section 37 or 38 of this instrument, to have allocated places to the entity for delivering funded aged care services under the MPSP in or from an approved residential care home:
(i) the number of those places; and
(ii) the number that are for a residential care home; and
(iii) the number that are for a home or community setting.
40 Notice of allocation of a place—deemed allocation of places to entities
Section 96 of the new Act does not apply to a decision to allocate a place to an entity under subsection 95(1) of the new Act that is taken to have occurred under section 35, 36, 37 or 38 of this instrument.
41 When a place is in effect—deemed allocation of places to entities
(1) Of the places that are taken, under section 35, 36, 37 or 38 of this instrument, to have been allocated under subsection 95(1) of the new Act to an entity, the same number of places take effect at the transition time as the number of places referred to in paragraph 35(1)(c), 36(1)(c), 37(1)(b) or 38(1)(c) that were not provisionally allocated.
(2) This section applies despite section 97 of the new Act and section 97‑5 of the new rules.
42 Conditions that apply to an allocated place—deemed allocation of places to entities
General
(1) Paragraph 99(1)(e) and subsections 99(2) to (4) of the new Act, and paragraph 99‑5(a) of the new rules, do not apply to a place that is taken, under section 35, 36, 37 or 38 of this instrument, to have been allocated under subsection 95(1) of the new Act to an entity.
Multi‑Purpose Service Program
(2) A place that is taken, under section 37 or 38 of this instrument, to have been allocated to an entity for delivering funded aged care services under the MPSP is taken to be subject to the following conditions:
(a) if the place is for a residential care home, it must be used to deliver funded aged care services through the service group residential care in the approved residential care home specified in the agreement under paragraph 247(1)(a) of the new Act between the Commonwealth and the entity;
(b) if the place is for a home or community setting, it must be used to deliver funded aged care services through one or more of the service groups home support, assistive technology and home modifications in the location specified in the agreement under paragraph 247(1)(a) of the new Act between the Commonwealth and the entity;
(c) conditions that correspond to any other conditions to which the allocation of places referred to in paragraph 37(1)(b) or 38(1)(c) was subject under section 14‑5 or 14‑6 of the old Act.
43 Transfer of places under the old law—transferors to provide transferee with certain records
(1) This section applies if, before the transition time:
(a) an entity was required to give records or copies of records to another person under section 16‑11 of the old Act; and
(b) the entity had not given the records or copies of the records to the other person.
(2) Despite the repeal of the old Act, the requirement to give the records or copies to the other person continues to apply, after the transition time, as if that repeal had not happened.
Part 4—Matters for Chapter 3 of the new Act
Division 1—Provider registration and residential care home approval process
44 Audit fee for audit in connection with registration renewal—circumstances in which a nil fee component is applicable
Subsections 110‑47(3) and (4) of the new rules also apply to a registered provider if, on the day the Commissioner invites the provider under section 106 of the new Act to renew the registration:
(a) both of the following apply:
(i) an approved residential care home included in the provider’s registration was a residential care service that, at the transition time, was taken to be, or be part of, the approved residential care home due to the operation of Schedule 2 to the CTP Act;
(ii) the most recent fee for re‑accreditation under the Commission Act of the residential care service was waived; or
(b) all of the following apply:
(i) an approved residential care home included in the provider’s registration was a residential care service that, at the transition time, was taken to be, or be part of, the approved residential care home due to the operation of Schedule 2 to the CTP Act;
(ii) the residential care service has not been re‑accredited under the Commission Act;
(iii) the residential care service was located in an area in the 2023 MM category known as MM 4, MM 5, MM 6 or MM 7 at the time the service was accredited under the Commission Act;
(iv) the average number of occupied beds per day over the quarter immediately preceding the day the residential care service was accredited under the Commission Act was fewer than 25; or
(c) all of the following apply:
(i) an approved residential care home included in the provider’s registration was a residential care service that, at the transition time, was taken to be, or be part of, the approved residential care home due to the operation of Schedule 2 to the CTP Act;
(ii) the residential care service has not been re‑accredited under the Commission Act;
(iii) the average number of occupied beds per day over the quarter immediately preceding the day the residential care service was accredited under the Commission Act was fewer than 25;
(iv) the residential care service had specialised ATSI status or specialised homeless status (within the meaning of Chapter 2A of the SFP Determination) at the time the service was accredited under the Commission Act.
45 Audit fee for audit in connection with registration renewal—residential care home reduced amounts
Subsection 110‑47(8) of the new rules also applies to an approved residential care home included in a registered provider’s registration if:
(a) the home was a residential care service that, at the transition time, was taken to be, or be part of, the approved residential care home due to the operation of Schedule 2 to the CTP Act; and
(b) the most recent fee for accreditation or re‑accreditation under the Commission Act of the residential care service was a discounted fee.
46 Registration and renewal decisions
Subsection 114(1) of the new Act does not apply to a decision under subsection 105(1) of the new Act taken to have been made under subitem 5(1), (3), (6) or 6(1) of Schedule 2 to the CTP Act in relation to an entity.
47 Residential care home approval decisions
Subsection 118(1) of the new Act does not apply to a decision under subsection 112(1) of the new Act taken to have been made under subitem 5(7), (11) or item 7 of Schedule 2 to the CTP Act in relation to a registered provider.
Division 2—Conditions on registration of registered providers—service agreements and care and services plans
Subdivision A—Home support, assistive technology and home modifications (other than under a specialist aged care program)
48 Home care agreement entered into before transition time
Application of this section
(1) This section applies in relation to a registered provider and an individual if:
(a) immediately before the transition time:
(i) the registered provider was an approved provider in respect of home care under the old Act; and
(ii) the individual was approved under section 22‑1 of the old Act as a recipient of home care; and
(iii) the provider was providing home care to the individual through a home care service under the old Act; and
(iv) a home care agreement that was entered into in accordance with paragraph 56‑2(g) of the old Act, and that met the requirements of section 61‑1 of the old Act, was in effect between the provider and the individual; and
(b) at the transition time, the provider is, because of subitem 5(1) or 6(1) of Schedule 2 to the CTP Act, taken to be a registered provider under the new Act; and
(c) at the transition time, paragraph 2(1)(c) of that Schedule applies to the individual; and
(d) as at the transition time, the registered provider is continuing to deliver services to the individual that are funded aged care services (other than under a specialist aged care program) that correspond as nearly as possible to the types of aged care provided to the individual by the registered provider under the old Act as at immediately before the transition time.
Deeming of entry into service agreement at transition time
(2) The home care agreement is taken to be a service agreement, entered into between the individual and the provider at the transition time.
Review and variation of service agreement
(3) The registered provider must, in accordance with subsection (4) of this section, review and vary the service agreement to meet the requirements for service agreements prescribed by rules made for the purposes of paragraph 148(c) of the new Act.
(4) The review and variation of the service agreement must:
(a) commence within the period of 30 days beginning on the day after the day the earliest of the following occurs (the relevant day):
(i) the System Governor makes a determination for the individual under section 314 of the new Act;
(ii) the System Governor makes a determination for the individual under paragraph 314A(1)(a) of the new Act;
(iii) the individual makes an election under paragraph 314A(1)(b) of the new Act; and
(b) end no later than the end of the period of 90 days beginning on the day after the relevant day; and
(c) be undertaken as if the service agreement included a clause consistent with the requirements of subsection 148‑65(5) of the new rules (which deals with variations of service agreements).
Failure to comply with service agreement review and variation requirements
(5) Subsection 149‑35(2) of the new rules applies in relation to the provider and the individual as if the following were inserted after paragraph (f) of that subsection:
‘; or (g) if section 48 of the Aged Care (Consequential and Transitional Provisions) Rules 2025 applies to the individual and the provider—the registered provider is unable to comply with subsection 48(3) of those rules (which deals with reviewing and varying service agreements) because there is no mutual consent of the individual and the provider to vary the service agreement in accordance with paragraph 148‑65(5)(b) of this instrument.’
Prohibition on charging of contributions until after service agreement is reviewed and varied
(6) Despite Division 1 of Part 3 of Chapter 4 of the new Act, the provider must not charge the individual a contribution under that Division in relation to any funded aged care service delivered during the period beginning at the transition time and ending when the service agreement has been reviewed and varied in accordance with subsection (3).
Provision of information to individuals
(7) The registered provider must, as soon as practicable after the transition time, provide and explain to the individual the following:
(a) information about the Statement of Rights (see section 155‑15 of the new rules);
(b) information to assist individuals to choose funded aged care services that best meet their needs (see section 155‑20 of the new rules);
(c) general information for individuals accessing any funded aged care services (see section 155‑55 of the new rules);
(d) general information for individuals accessing funded aged care services in a home or community setting (see section 155‑60 of the new rules).
49 Care plan in existence before transition time
(1) This section applies in relation to a registered provider and an individual if:
(a) immediately before the transition time:
(i) the registered provider was an approved provider in respect of home care under the old Act; and
(ii) the individual was approved under section 22‑1 of the old Act as a recipient of home care; and
(iii) the provider was providing home care to the individual through a home care service under the old Act; and
(iv) a care plan was in existence between the provider and the individual in accordance with the User Rights Principles; and
(b) at the transition time, the provider is, because of subitem 5(1) or 6(1) of Schedule 2 to the CTP Act, taken to be a registered provider under the new Act; and
(c) at the transition time, paragraph 2(1)(c) of that Schedule applies to the individual; and
(d) as at the transition time, the registered provider is continuing to deliver services to the individual that are funded aged care services (other than under a specialist aged care program) that correspond as nearly as possible to the types of aged care provided to the individual by the registered provider under the old Act as at immediately before the transition time.
(2) The care plan is taken to be a care and services plan, developed by the provider for the individual at the transition time.
(3) The provider is required to review the care and services plan as soon as is practicable and no later than the end of the period of 12 months beginning at the transition time.
50 Care plan not in existence before transition time
(1) This section applies in relation to a registered provider and an individual if:
(a) immediately before the transition time:
(i) the registered provider was an approved provider in respect of home care under the old Act; and
(ii) the individual was approved under section 22‑1 of the old Act as a recipient of home care; and
(iii) the provider was providing home care to the individual through a home care service under the old Act; and
(iv) a care plan (as mentioned in the User Rights Principles) was not in existence between the provider and the individual; and
(b) at the transition time, the provider is, because of subitem 5(1) or 6(1) of Schedule 2 to the CTP Act, taken to be a registered provider under the new Act; and
(c) at the transition time, paragraph 2(1)(c) of that Schedule applies to the individual; and
(d) as at the transition time, the registered provider is continuing to deliver services to the individual that are funded aged care services (other than under a specialist aged care program) that correspond as nearly as possible to the types of aged care provided to the individual by the registered provider under the old Act as at immediately before the transition time.
(2) Despite subsection 148‑80(1) of the new rules, the provider is required to develop a care and services plan for the individual before the end of the period of 14 days beginning at the transition time.
51 Flexible care agreement entered into before transition time
(1) This section applies in relation to a registered provider and an individual if:
(a) immediately before the transition time:
(i) the registered provider was an approved provider in respect of flexible care under the old Act; and
(ii) the individual was approved under section 22‑1 of the old Act as a recipient of flexible care in the form of short‑term restorative care; and
(iii) the provider was providing flexible care in the form of short‑term restorative care to the individual; and
(iv) a flexible care agreement that was entered into in accordance with paragraphs 56‑3(g) and (m) of the old Act and section 23AF of the User Rights Principles, and that met the requirements of section 23AG of the User Rights Principles, was in effect between the provider and the individual; and
(v) an episode of short‑term restorative care had commenced but had not been completed for the individual; and
(b) at the transition time, the provider is, because of subitem 5(1) or 6(1) of Schedule 2 to the CTP Act, taken to be a registered provider under the new Act; and
(c) at the transition time, paragraph 2(1)(d) of that Schedule applies to the individual; and
(d) as at the transition time, the provider is continuing to deliver services to the individual that are funded aged care services (other than under a specialist aged care program) that correspond as nearly as possible to the types of aged care provided to the individual by the provider under the old Act as at immediately before the transition time.
(2) The flexible care agreement is taken to be a service agreement:
(a) entered into between the individual and the provider at the transition time; and
(b) during the period beginning at the transition time and ending at the end of the period of effect for the classification level STRC class taken to be established for the individual by the CTP Determination.
(3) If before the transition time, the flexible care agreement covered the charging of an amount for the delivery of the types of aged care provided to the individual in accordance with section 23AB of the User Rights Principles, the provider may continue to charge the amount for the delivery of the funded aged care services referred to in paragraph (1)(d) of this section during the period referred to in paragraph (2)(b) of this section.
52 Plan of care and services in existence before transition time
(1) This section applies in relation to a registered provider and an individual if:
(a) immediately before the transition time:
(i) the registered provider was an approved provider in respect of flexible care under the old Act; and
(ii) the individual was approved under section 22‑1 of the old Act as a recipient of flexible care in the form of short‑term restorative care; and
(iii) the provider was providing flexible care in the form of short‑term restorative care to the individual; and
(iv) a plan of care and services was in existence between the provider and the individual in accordance with the User Rights Principles; and
(v) an episode of short‑term restorative care had commenced but had not been completed for the individual; and
(b) at the transition time, the provider is, because of subitem 5(1) or 6(1) of Schedule 2 to the CTP Act, taken to be a registered provider under the new Act; and
(c) at the transition time, paragraph 2(1)(d) of that Schedule applies to the individual; and
(d) as at the transition time, the provider is continuing to deliver services to the individual that are funded aged care services (other than under a specialist aged care program) that correspond as nearly as possible to the types of aged care provided to the individual by the provider under the old Act as at immediately before the transition time.
(2) The plan of care and services is taken to be a care and services plan, developed by the provider for the individual at the transition time.
Subdivision B—Residential care (other than under a specialist aged care program)
53 Resident agreement entered into before transition time
(1) This section applies in relation to a registered provider and an individual if:
(a) immediately before the transition time:
(i) the registered provider was an approved provider in respect of residential care under the old Act; and
(ii) the individual was approved under section 22‑1 of the old Act as a recipient of residential care; and
(iii) the provider was providing residential care to the individual through a residential care service under the old Act; and
(iv) a resident agreement that was entered into in accordance with paragraph 56‑1(h) of the old Act, and that met the requirements of section 59‑1 of the old Act, was in effect between the provider and the individual; and
(b) at the transition time, the provider is, because of subitem 5(1) or 6(1) of Schedule 2 to the CTP Act, taken to be a registered provider under the new Act; and
(c) at the transition time, paragraph 3(1)(c) of that Schedule applies to the individual; and
(d) as at the transition time, the registered provider is continuing to deliver services to the individual that are funded aged care services (other than under a specialist aged care program) that correspond as nearly as possible to the types of aged care provided to the individual by the registered provider under the old Act as at immediately before the transition time.
(2) The resident agreement is taken to be a service agreement, entered into between the individual and the provider at the transition time.
(3) The registered provider must, in accordance with subsection (4) of this section, review and vary the service agreement to meet the requirements for service agreements prescribed by rules made for the purposes of paragraph 148(c) of the new Act.
(4) The review and variation of the service agreement must:
(a) occur as soon as practicable, and no later than the end of the period of 12 months beginning at the transition time; and
(b) be undertaken as if the service agreement included a clause consistent with the requirements of subsection 148‑65(5) of the new rules (which deals with variations of service agreements).
54 Resident agreement not entered into before transition time—residential care as respite care
(1) This section applies in relation to a registered provider and an individual if:
(a) immediately before the transition time:
(i) the registered provider was an approved provider in respect of residential care under the old Act; and
(ii) the individual was approved under section 22‑1 of the old Act as a recipient of residential care and the terms of that approval expressly covered the provision of respite care; and
(iii) the provider was providing residential care as respite care to the individual through a residential care service under the old Act; and
(iv) a resident agreement (as mentioned in paragraph 56‑1(h) of the old Act) was not in effect between the provider and the individual; and
(v) the provider had given information under subparagraph 11(1)(a)(iii) of the User Rights Principles to the individual; and
(b) at the transition time, the provider is, because of subitem 5(1) or 6(1) of Schedule 2 to the CTP Act, taken to be a registered provider under the new Act; and
(c) at the transition time, subparagraph 3(1)(c)(ii) or (iii) of that Schedule applies to the individual; and
(d) as at the transition time, the registered provider is continuing to deliver services to the individual that are funded aged care services (other than under a specialist aged care program) that correspond as nearly as possible to the types of aged care provided to the individual by the registered provider under the old Act as at immediately before the transition time.
(2) Despite subsection 148‑65(1) of the new rules, the registered provider is not required to enter into a service agreement with the individual in relation to the delivery of the funded aged care services referred to in paragraph (1)(d) of this section.
(3) The registered provider must, as soon as practicable after the transition time, provide and explain to the individual the following:
(a) information about the Statement of Rights (see section 155‑15 of the new rules);
(b) general information for individuals accessing any funded aged care services (see section 155‑55 of the new rules);
(c) general information for individuals accessing funded aged care services in an approved residential care home (see section 155‑65 of the new rules).
55 Resident agreement not entered into before transition time—residential care other than care as respite care
(1) This section applies in relation to a registered provider and an individual if:
(a) immediately before the transition time:
(i) the registered provider was an approved provider in respect of residential care under the old Act; and
(ii) the individual was approved under section 22‑1 of the old Act as a recipient of residential care; and
(iii) the provider was providing residential care (other than as respite care) to the individual through a residential care service under the old Act; and
(iv) a resident agreement (as mentioned in paragraph 56‑1(h) of the old Act) was not in effect between the provider and the individual; and
(v) the provider had given information under subparagraph 11(1)(a)(iii) of the User Rights Principles to the individual; and
(b) at the transition time, the provider is, because of subitem 5(1) or 6(1) of Schedule 2 to the CTP Act, taken to be a registered provider under the new Act; and
(c) at the transition time, subparagraph 3(1)(c)(i) or (iii) of that Schedule applies to the individual; and
(d) as at the transition time, the registered provider is continuing to deliver services to the individual that are funded aged care services (other than under a specialist aged care program) that correspond as nearly as possible to the types of aged care provided to the individual by the registered provider under the old Act as at immediately before the transition time.
(2) The registered provider must, in accordance with subsection (3) of this section, enter into a service agreement with the individual.
(3) The service agreement must:
(a) be entered into as soon as practicable, and no later than the end of the period of 12 months beginning at the transition time; and
(b) be as consistent as far as possible with any agreement or arrangement in effect between the provider and the individual immediately before the transition time.
(4) The registered provider must, as soon as practicable after the transition time, provide and explain to the individual the following:
(a) information about the Statement of Rights (see section 155‑15 of the new rules);
(b) general information for individuals accessing any funded aged care services (see section 155‑55 of the new rules);
(c) general information for individuals accessing funded aged care services in an approved residential care home (see section 155‑65 of the new rules).
56 Old law care and services plan in existence before transition time
(1) This section applies in relation to a registered provider and an individual if:
(a) immediately before the transition time:
(i) the registered provider was an approved provider in respect of residential care under the old Act; and
(ii) the individual was approved under section 22‑1 of the old Act as a recipient of residential care; and
(iii) the provider was providing residential care to the individual through a residential care service under the old Act; and
(iv) a care and services plan (the old law care and services plan) was in existence between the provider and the individual in accordance with the Quality of Care Principles; and
(b) at the transition time, the provider is, because of subitem 5(1) or 6(1) of Schedule 2 to the CTP Act, taken to be a registered provider under the new Act; and
(c) at the transition time, subparagraph 3(1)(c)(i), (ii) or (iii) of that Schedule applies to the individual; and
(d) as at the transition time, the registered provider is continuing to deliver services to the individual that are funded aged care services (other than under a specialist aged care program) that correspond as nearly as possible to the types of aged care provided to the individual by the registered provider under the old Act as at immediately before the transition time.
(2) The old law care and services plan is taken to be a care and services plan, developed by the provider for the individual at the transition time.
(3) The registered provider is required to review the care and services plan as soon as practicable and no later than the end of the period of 12 months beginning at the transition time.
Subdivision C—Specialist aged care programs
57 Old service agreement entered into before transition time
(1) This section applies in relation to a registered provider and an individual if:
(a) immediately before the transition time:
(i) the registered provider was a CHSP provider within the meaning of the program manual for the Commonwealth Home Support Program as in force or existing at that time; and
(ii) the individual had been assessed as eligible for Commonwealth Home Support Program services; and
(iii) the provider was providing Commonwealth Home Support Program services to the individual; and
(iv) a service agreement (the old service agreement) that was entered into in accordance with, and that met the requirements of, the program manual, was in effect between the provider and the individual; and
(b) at the transition time, the provider is, because of subitem 5(1) or 6(1) of Schedule 2 to the CTP Act, taken to be a registered provider under the new Act; and
(c) at the transition time, paragraph 2(1)(c) of that Schedule applies to the individual; and
(d) as at the transition time, the provider is continuing to deliver services to the individual that are funded aged care services that correspond as nearly as possible to the types of aged care provided to the individual by the provider in accordance with the program manual as at immediately before the transition time.
(2) The old service agreement is taken to be a service agreement, entered into between the individual and the provider at the transition time.
(3) The provider must, in accordance with subsection (4) of this section, review and vary the service agreement to meet the requirements for service agreements prescribed by rules made for the purposes of paragraph 148(c) of the new Act.
(4) The review and variation of the service agreement must:
(a) occur as soon as practicable, and no later than the end of the period of 12 months beginning at the transition time; and
(b) be undertaken as if the service agreement included a clause consistent with the requirements of subsection 148‑65(5) of the new rules (which deals with variations of service agreements).
58 Support plan or old care and services plan in existence before transition time
(1) This section applies in relation to a registered provider and an individual if:
(a) immediately before the transition time:
(i) the registered provider was a CHSP provider within the meaning of the program manual for the Commonwealth Home Support Program as in force or existing at that time; and
(ii) the individual had been assessed as eligible for Commonwealth Home Support Program services; and
(iii) the provider was providing Commonwealth Home Support Program services to the individual; and
(iv) a support plan or a care and services plan (the old care and services plan) was in existence between the provider and the individual in accordance with the program manual; and
(b) at the transition time, the provider is, because of subitem 5(1) or 6(1) of Schedule 2 to the CTP Act, taken to be a registered provider under the new Act; and
(c) at the transition time, paragraph 2(1)(c) of that Schedule applies to the individual; and
(d) as at the transition time, the provider is continuing to deliver services to the individual that are funded aged care services that correspond as nearly as possible to the types of aged care provided to the individual by the provider in accordance with the program manual as at immediately before the transition time.
(2) The support plan or the old care and services plan, as applicable, is taken to be a care and services plan, developed by the provider for the individual at the transition time.
(3) The provider is required to review the care and services plan as soon as practicable and no later than the end of the period of 12 months beginning at the transition time.
59 Care recipient agreement entered into before transition time
(1) This section applies in relation to a registered provider and an individual if:
(a) immediately before the transition time:
(i) the registered provider was a service provider within the meaning of the program manual for the National Aboriginal and Torres Strait Islander Flexible Aged Care Program as in force or existing at that time; and
(ii) the individual had, at any time in the previous 12 months, accessed services under the National Aboriginal and Torres Strait Islander Flexible Aged Care Program; and
(iii) the provider was providing National Aboriginal and Torres Strait Islander Flexible Aged Care Program services to the individual; and
(iv) a care recipient agreement that was entered into in accordance with, and that met the requirements of, the program manual, was in effect between the provider and the individual; and
(b) at the transition time, the provider is, because of subitem 5(1) or 6(1) of Schedule 2 to the CTP Act, taken to be a registered provider under the new Act; and
(c) at the transition time, paragraph 2(1)(f) of that Schedule applies to the individual; and
(d) as at the transition time, the provider is continuing to deliver services to the individual that are funded aged care services that correspond as nearly as possible to the types of aged care provided to the individual by the provider in accordance with the program manual as at immediately before the transition time.
(2) The care recipient agreement is taken to be a service agreement, entered into between the individual and the provider at the transition time.
(3) The provider must, in accordance with subsection (4) of this section, review and vary the service agreement to meet the requirements for service agreements prescribed by rules made for the purposes of paragraph 148(c) of the new Act.
(4) The review and variation of the service agreement must:
(a) occur as soon as practicable, and no later than the end of the period of 12 months beginning at the transition time; and
(b) be undertaken as if the service agreement included a clause consistent with the requirements of subsection 148‑65(5) of the new rules (which deals with variations of service agreements).
(5) If before the transition time, the care recipient agreement covered the charging of a fee for the delivery of the types of aged care provided to the individual, the fee is taken to be the specialist aged care program fee under section 286‑10 of the new rules for the delivery of the funded aged care services referred to in paragraph (1)(d) of this section during the period beginning at the transition time and ending when the service agreement has been reviewed and varied in accordance with subsection (3) of this section.
60 Care plan in existence before transition time
(1) This section applies in relation to a registered provider and an individual if:
(a) immediately before the transition time:
(i) the registered provider was a service provider within the meaning of the program manual for the National Aboriginal and Torres Strait Islander Flexible Aged Care Program as in force or existing at that time; and
(ii) the individual had, at any time in the previous 12 months, accessed services under the National Aboriginal and Torres Strait Islander Flexible Aged Care Program; and
(iii) the provider was providing National Aboriginal and Torres Strait Islander Flexible Aged Care Program services to the individual; and
(iv) a care plan was in existence between the provider and the individual in accordance with the program manual; and
(b) at the transition time, the provider is, because of subitem 5(1) or 6(1) of Schedule 2 to the CTP Act, taken to be a registered provider under the new Act; and
(c) at the transition time, paragraph 2(1)(f) of that Schedule applies to the individual; and
(d) as at the transition time, the provider is continuing to deliver services to the individual that are funded aged care services that correspond as nearly as possible to the types of aged care provided to the individual by the provider in accordance with the program manual as at immediately before the transition time.
(2) The care plan is taken to be a care and services plan, developed by the provider for the individual at the transition time.
(3) The provider is required to review the care and services plan as soon as practicable and no later than the end of the period of 12 months beginning at the transition time.
61 Recipient agreement entered into before transition time
(1) This section applies in relation to a registered provider and an individual if:
(a) immediately before the transition time:
(i) the registered provider was a service provider (within the meaning of the guidelines for the Transition Care Programme as in force or existing immediately before the transition time) of an approved provider in respect of flexible care under the old Act; and
(ii) the individual was approved under section 22‑1 of the old Act as a recipient of flexible care in the form of transition care; and
(iii) the service provider was providing flexible care in the form of transition care to the individual on the approved provider’s behalf; and
(iv) a recipient agreement that was entered into in accordance with, and that met the requirements of, the guidelines, was in effect between the service provider and the individual; and
(v) an episode of transition care had commenced but had not been completed for the individual; and
(b) at the transition time, the service provider is, because of subitem 5(1) or 6(1) of Schedule 2 to the CTP Act, taken to be a registered provider under the new Act; and
(c) at the transition time, paragraph 2(1)(e) of that Schedule applies to the individual; and
(d) as at the transition time, the registered provider is continuing to deliver services to the individual that are funded aged care services that correspond as nearly as possible to the types of aged care provided to the individual by the service provider under the old Act as at immediately before the transition time.
(2) The recipient agreement is taken to be a service agreement:
(a) entered into between the individual and the registered provider at the transition time; and
(b) during the period beginning at the transition time and ending at the end of the period of effect for the classification level HS HT class taken to be established for the individual by the CTP Determination.
(3) If before the transition time, the recipient agreement covered the charging of a fee for the delivery of the types of aged care provided to the individual, the fee is taken to be the specialist aged care program fee under section 286‑10 of the new rules for the delivery of the funded aged care services referred to in paragraph (1)(d) of this section during the period referred to in paragraph (2)(b) of this section.
62 Care plan in existence before transition time
(1) This section applies in relation to a registered provider and an individual if:
(a) immediately before the transition time:
(i) the registered provider was a service provider (within the meaning of the guidelines for the Transition Care Programme as in force or existing immediately before the transition time) of an approved provider in respect of flexible care under the old Act; and
(ii) the individual was approved under section 22‑1 of the old Act as a recipient of flexible care in the form of transition care; and
(iii) the service provider was providing flexible care in the form of transition care to the individual on the approved provider’s behalf; and
(iv) a care plan was in existence between the service provider and the individual in accordance with the guidelines; and
(v) an episode of transition care had commenced but had not been completed for the individual; and
(b) at the transition time, the service provider is, because of subitem 5(1) or 6(1) of Schedule 2 to the CTP Act, taken to be a registered provider under the new Act; and
(c) at the transition time, paragraph 2(1)(e) of that Schedule applies to the individual; and
(d) as at the transition time, the registered provider is continuing to deliver services to the individual that are funded aged care services that correspond as nearly as possible to the types of aged care provided to the individual by the service provider under the old Act as at immediately before the transition time.
(2) The care plan is taken to be a care and services plan, developed by the registered provider for the individual at the transition time.
(3) The registered provider is required to review the care and services plan as soon as practicable and no later than the end of the period of 12 months beginning at the transition time.
63 Resident agreement or home care agreement entered into before transition time
(1) This section applies in relation to a registered provider and an individual if:
(a) immediately before the transition time, the registered provider was an approved provider in respect of flexible care under the old Act; and
(b) immediately before the transition time, the provider was providing:
(i) flexible care provided in a community setting through a multi‑purpose service to the individual; or
(ii) flexible care provided in a residential setting through a multi‑purpose service to the individual; and
(c) immediately before the transition time, either:
(i) a resident agreement that was entered into in accordance with paragraph 56‑1(h) of the old Act, and that met the requirements of section 59‑1 of the old Act, was in effect between the provider and the individual; or
(ii) a home care agreement that was entered into in accordance with paragraph 56‑2(g) of the old Act, and that met the requirements of section 61‑1 of the old Act, was in effect between the provider and the individual; and
(d) at the transition time, the provider is, because of subitem 5(1) or 6(1) of Schedule 2 to the CTP Act, taken to be a registered provider under the new Act; and
(e) at the transition time, either paragraph 2(1)(f) of that Schedule or subparagraph 3(1)(c)(iii) of that Schedule applies to the individual; and
(f) as at the transition time, the provider is continuing to deliver services to the individual that are funded aged care services that correspond as nearly as possible to the types of aged care provided to the individual by the provider under the old Act as at immediately before the transition time.
(2) The resident agreement or the home care agreement, as applicable, is taken to be a service agreement, entered into between the individual and the provider at the transition time.
(3) The provider must, in accordance with subsection (4) of this section, review and vary the service agreement to meet the requirements for service agreements prescribed by rules made for the purposes of paragraph 148(c) of the new Act.
(4) The review and variation of the service agreement must:
(a) occur as soon as practicable, and no later than the end of the period of 12 months beginning at the transition time; and
(b) be undertaken as if the service agreement included a clause consistent with the requirements of subsection 148‑65(5) of the new rules (which deals with variations of service agreements).
(5) If before the transition time, the resident agreement or home care agreement, as applicable, covered the charging of a fee for the delivery of the types of aged care provided to the individual, the fee is taken to be the specialist aged care program fee under section 286‑10 of the new rules for the delivery of the funded aged care services referred to in paragraph (1)(f) of this section during the period beginning at the transition time and ending when the service agreement has been reviewed and varied accordance with subsection (3) of this section.
64 Written agreement entered into before transition time
(1) This section applies in relation to a registered provider and an individual if:
(a) immediately before the transition time, the registered provider was an approved provider in respect of flexible care under the old Act; and
(b) the provider was a provider in respect of flexible care provided in a community setting or a residential setting through a multi‑purpose service; and
(c) immediately before the transition time, the individual either:
(i) was party to a written agreement with the provider which provides for the individual to commence accessing flexible care provided in a community setting through the service within the period of 3 months beginning at the transition time; or
(ii) was party to a written agreement with the provider which provides for the individual to commence accessing flexible care provided in a residential setting through the service within the period of 3 months beginning at the transition time; and
(d) at the transition time, the provider is, because of subitem 5(1) or 6(1) of Schedule 2 to the CTP Act, taken to be a registered provider under the new Act; and
(e) at the transition time, either paragraph 2(1)(f) of that Schedule or subparagraph 3(1)(c)(iii) of that Schedule applies to the individual; and
(f) as at the transition time, the provider intends to deliver services to the individual that are funded aged care services that correspond as nearly as possible to the types of aged care intended to be provided to the individual by the provider under the old Act and in accordance with the agreement as at immediately before the transition time.
(2) The written agreement is taken to be a service agreement, entered into between the individual and the provider at the transition time.
(3) The provider must, in accordance with subsection (4) of this section, review and vary the service agreement to meet the requirements for service agreements prescribed by rules made for the purposes of paragraph 148(c) of the new Act.
(4) The review and variation of the service agreement must:
(a) occur as soon as practicable, and no later than the end of the period of 12 months beginning at the transition time; and
(b) be undertaken as if the service agreement included a clause consistent with the requirements of subsection 148‑65(5) of the new rules (which deals with variations of service agreements).
(5) If before the transition time, the written agreement covered the charging of a fee for the delivery of the types of aged care intended to be provided to the individual in accordance with the agreement, the fee is taken to be the specialist aged care program fee under section 286‑10 of the new rules for the delivery of the funded aged care services (if any) referred to in paragraph (1)(f) of this section during the period beginning at the transition time and ending when the service agreement has been reviewed and varied accordance with subsection (3) of this section.
65 Resident agreement and home care agreement not entered into before transition time
(1) This section applies in relation to a registered provider and an individual if:
(a) immediately before the transition time, the registered provider was an approved provider in respect of flexible care under the old Act; and
(b) immediately before the transition time, the provider was providing:
(i) flexible care provided in a community setting through a multi‑purpose service to the individual; or
(ii) flexible care provided in a residential setting through a multi‑purpose service to the individual; and
(c) immediately before the transition time:
(i) a resident agreement (as mentioned in paragraph 56‑1(h) of the old Act) was not in effect between the provider and the individual; and
(ii) a home care agreement (as mentioned in paragraph 56‑2(g) of the old Act) was not in effect between the provider and the individual; and
(d) at the transition time, the provider is, because of subitem 5(1) or 6(1) of Schedule 2 to the CTP Act, taken to be a registered provider under the new Act; and
(e) at the transition time, either paragraph 2(1)(f) of that Schedule or subparagraph 3(1)(c)(iii) of that Schedule applies to the individual; and
(f) as at the transition time, the provider is continuing to deliver services to the individual that are funded aged care services that correspond as nearly as possible to the types of aged care provided to the individual by the provider under the old Act as at immediately before the transition time.
(2) The provider must, in accordance with subsection (3) of this section, enter into a service agreement with the individual.
(3) The service agreement must:
(a) be entered into as soon as practicable, and no later than the end of the period of 6 months beginning at the transition time; and
(b) be as consistent as far as possible with any agreement or arrangement in effect between the provider and the individual immediately before the transition time.
(4) The provider must, as soon as practicable after the transition time, provide and explain to the individual the following:
(a) information about the Statement of Rights (see section 155‑15 of the new rules);
(b) general information for individuals accessing any funded aged care services (see section 155‑55 of the new rules);
(c) general information for individuals accessing funded aged care services in an approved residential care home (see section 155‑65 of the new rules).
66 Old law care and services plan or care plan in existence before transition time
(1) This section applies in relation to a registered provider and an individual if:
(a) immediately before the transition time, the registered provider was an approved provider in respect of flexible care under the old Act; and
(b) immediately before the transition time, the provider was providing:
(i) flexible care provided in a community setting through a multi‑purpose service to the individual; or
(ii) flexible care provided in a residential setting through a multi‑purpose service to the individual; and
(c) immediately before the transition time, either:
(i) a care and services plan (the old law care and services plan) was in existence between the provider and the individual in accordance with the Quality of Care Principles; or
(ii) a care plan was in existence between the provider and the individual in accordance with the User Rights Principles; and
(d) at the transition time, the provider is, because of subitem 5(1) or 6(1) of Schedule 2 to the CTP Act, taken to be a registered provider under the new Act; and
(e) at the transition time, either paragraph 2(1)(f) of that Schedule or subparagraph 3(1)(c)(iii) of that Schedule applies to the individual; and
(f) as at the transition time, the provider is continuing to deliver services to the individual that are funded aged care services that correspond as nearly as possible to the types of aged care provided to the individual by the provider under the old Act as at immediately before the transition time.
(2) The old law care and services plan or the care plan, as applicable, is taken to be a care and services plan, developed by the provider for the individual at the transition time.
(3) The provider is required to review the care and services plan as soon as practicable and no later than the end of the period of 12 months beginning at the transition time.
67 Care and services plan and care plan not in existence before transition time
(1) This section applies in relation to a registered provider and an individual if:
(a) immediately before the transition time, the registered provider was an approved provider in respect of flexible care under the old Act; and
(b) immediately before the transition time, the provider was providing:
(i) flexible care provided in a community setting through a multi‑purpose service to the individual; or
(ii) flexible care provided in a residential setting through a multi‑purpose service to the individual; and
(c) immediately before the transition time:
(i) a care and services plan (as mentioned in the Quality of Care Principles) was not in existence between the provider and the individual; and
(ii) a care plan (as mentioned in the User Rights Principles) was not in existence between the provider and the individual; and
(d) at the transition time, the provider is, because of subitem 5(1) or 6(1) of Schedule 2 to the CTP Act, taken to be a registered provider under the new Act; and
(e) at the transition time, either paragraph 2(1)(f) of that Schedule or subparagraph 3(1)(c)(iii) of that Schedule applies to the individual; and
(f) as at the transition time, the provider is continuing to deliver services to the individual that are funded aged care services that correspond as nearly as possible to the types of aged care provided to the individual by the provider under the old Act as at immediately before the transition time.
(2) Despite subsection 148‑80(1) of the new rules, the provider is required to develop a care and services plan for the individual before the end of the period of 6 months beginning at the transition time.
Subdivision D—Compliance with this Division
68 Modified operation of new Act
Section 148 of the new Act applies as if the reference to “applicable requirements prescribed by the rules” in paragraphs (a), (c) and (e) of that section included a reference to “applicable requirements in Division 2 of Part 4 of the Aged Care (Consequential and Transitional Provisions) Rules 2025”.
Division 3—Conditions on registration of registered providers—starting and ceasing delivery of funded aged care services
Subdivision A—Notifications under the old law—home care
69 Notification of start of home care not given before transition time
(1) This section applies if, before the transition time:
(a) an entity was required to give a notice to the Secretary under section 30 of the Accountability Principles in relation to a care recipient; and
(b) the period for giving the notice had not ended; and
(c) the required notice had not been given.
(2) Despite the repeal of the Accountability Principles, the requirement to give the notice continues to apply, after the transition time, as if that repeal had not happened.
70 Notification of cessation of home care not given before transition time
(1) This section applies if, before the transition time:
(a) an entity was required to give a notice to the Secretary under section 30A of the Accountability Principles in relation to a care recipient; and
(b) the period for giving the notice had not ended; and
(c) the required notice had not been given.
(2) Despite the repeal of the Accountability Principles, the requirement to give the notice continues to apply, after the transition time, as if that repeal had not happened.
Subdivision B—Start notifications for service groups home support, assistive technology and home modifications
71 Start notifications—other than for classification type hospital transition
(1) This section applies if:
(a) an entity is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and
(b) the entity gives a notice (the original notice) under section 30 of the Accountability Principles in relation to a care recipient and a home care service (whether that notice is given before the transition time, or after the transition time in accordance with section 69 of this instrument); and
(c) if the original notice was given before the transition time—the care recipient had not, as at the transition time, ceased to be provided with home care through the home care service.
(2) The original notice is taken to be a start notification for an individual given to the System Governor and the Commissioner in accordance with Subdivision B of Division 4 of Part 4 of Chapter 4 of the new rules.
(3) The start notification is taken:
(a) to be given:
(i) for an original notice given before the transition time—on the day of the transition time; or
(ii) for an original notice given after the transition time—on the day the original notice is given; and
(b) to specify the day of the transition time as the start day for the individual for the following:
(i) the classification type ongoing for the service group home support;
(ii) the classification type short‑term for the service group assistive technology;
(iii) the classification type short‑term‑term for the service group home modifications; and
(c) to specify the home care service as the service delivery branch through which funded aged care services will be delivered to the individual.
Note: Because of subitem 5(8) of Schedule 2 to the CTP Act, each home care service through which an entity provided care as at immediately before the transition time is taken to be a service delivery branch of the entity for the purposes of the new Act.
72 Start notifications—for classification type hospital transition
(1) This section applies if:
(a) an entity is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and
(b) paragraph 2(2)(c) of Schedule 2 to the CTP Act applies to an individual; and
(c) immediately before the transition time, the individual was in an episode of transition care provided by the entity.
(2) The entity is taken, at the transition time, to have given a start notification to the System Governor and the Commissioner, in accordance with Subdivision B of Division 4 of Part 4 of Chapter 4 of the new rules.
(3) The start notification is taken:
(a) to be given on the day of the transition time; and
(b) to specify the day of the transition time as the start day for the individual for the classification type hospital transition for each of the service groups home support, assistive technology and home modifications; and
(c) to specify the flexible care service through which the entity was providing the episode of transition care as the service delivery branch through which funded aged care services will be delivered to the individual.
Note: Because of subitem 5(8) of Schedule 2 to the CTP Act, each flexible care service through which an entity was providing flexible care in the form of transition care as at immediately before the transition time is taken to be a service delivery branch of the entity for the purposes of the new Act.
Subdivision C—Notifications under the old law—residential care
73 Notification of entry of new residents not given before transition time
(1) This section applies if, before the transition time:
(a) an entity was required to give a notice to the Secretary under subsection 63‑1B(2) of the old Act in relation to a care recipient; and
(b) the period for giving the notice had not ended; and
(c) the required notice had not been given.
(2) Despite the repeal of the old law, the requirement to give the notice continues to apply, after the transition time, as if that repeal had not happened.
74 Document about a care recipient to be provided with palliative care not given before transition time
(1) This section applies if, before the transition time:
(a) an entity was required to give a document to the Secretary under section 27 of the Accountability Principles in relation to a care recipient; and
(b) the period for giving the notice had not ended; and
(c) the required notice had not been given.
(2) Despite the repeal of the Accountability Principles, the requirement to give the document continues to apply, after the transition time, as if that repeal had not happened.
75 Information or documents relating to care recipient with palliative care status not given before the transition time
(1) This section applies if, before the transition time:
(a) an entity was required to give information or documents to the Secretary under section 27A of the Accountability Principles in relation to a care recipient; and
(b) the period for complying with the request had not ended; and
(c) the requirement had not been complied with.
(2) Despite the repeal of the Accountability Principles, the requirement continues to apply, after the transition time, as if that repeal had not happened.
76 Notification of cessation of the provision of certain residential care not given before transition time
(1) This section applies if, before the transition time:
(a) an entity was required to give a notice to the Secretary under section 63‑1BA of the old Act in relation to a care recipient; and
(b) the period for giving the notice had not ended; and
(c) the required notice had not been given.
(2) Despite the repeal of the old law, the requirement to give the notice continues to apply, after the transition time, as if that repeal had not happened.
Subdivision D—Start notifications for service group residential care
77 Start notifications—classification type ongoing
(1) This section applies if:
(a) an entity is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and
(b) the entity gives a notice (the original notice) under subsection 63‑1B(2) of the old Act in relation to a care recipient and a residential care service (whether that notice is given before the transition time, or after the transition time in accordance with section 73 of this instrument); and
(c) if the original notice was given before the transition time, the care recipient had not, as at the transition time, ceased to be provided with residential care through the residential care service.
(2) The original notice is taken to be a start notification about an individual given to the System Governor and the Commissioner in accordance with Subdivision B of Division 4 of Part 4 of Chapter 4 of the new rules.
(3) The start notification is taken:
(a) to be given:
(i) for an original notice given before the transition time—on the day of the transition time; or
(ii) for an original notice given after the transition time—on the day the original notice is given; and
(b) to specify the day of the transition time as the start day for the individual for the classification type ongoing for the service group residential care; and
(c) to specify the residential care service as the approved residential care home in which funded aged care services will be delivered to the individual.
Note: Because of subitem 5(7) of Schedule 2 to the CTP Act, each place through which an entity provided a residential care service as at immediately before the transition time is taken to be, or be part of, an approved residential care home in relation to the entity for the purposes of the new Act.
78 Start notifications—classification type short‑term
(1) This section applies if:
(a) an entity is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and
(b) immediately before the transition time, the entity was providing a care recipient with residential care in the form of respite care through a residential care service.
(2) The entity is taken to have given a start notification about the individual to the System Governor and the Commissioner in accordance with Subdivision B of Division 4 of Part 4 of Chapter 4 of the new rules.
(3) The start notification is taken:
(a) to be given on the day of the transition time; and
(b) to specify the day of the transition time as the start day for the individual for the classification type short‑term for the service group residential care; and
(c) to specify the residential care service as the approved residential care home in which funded aged care services will be delivered to the individual.
Note: Because of subitem 5(7) of Schedule 2 to the CTP Act, each place through which an entity provided a residential care service as at immediately before the transition time is taken to be, or be part of, an approved residential care home in relation to the entity for the purposes of the new Act.
79 Start notifications—classification type hospital transition
(1) This section applies if:
(a) an entity is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and
(b) paragraph 3(2)(d) of Schedule 2 to the CTP Act applies to an individual; and
(c) immediately before the transition time, the individual was in an episode of transition care provided by the entity.
(2) The entity is taken, at the transition time, to have given a start notification to the System Governor and the Commissioner, in accordance with Subdivision B of Division 4 of Part 4 of Chapter 4 of the new rules.
(3) The start notification is taken:
(a) to be given on the day of the transition time; and
(b) to specify the day of the transition time as the start day for the individual for the classification type hospital transition for the service group residential care; and
(c) to specify the flexible care service through which the entity was providing the episode of transition care as the approved residential care home in which funded aged care services will be delivered to the individual.
Note: Because of subitem 5(7) of Schedule 2 to the CTP Act, each flexible care service through which an entity provided flexible care in the form of transition care as at immediately before the transition time is taken to be, or be part of, an approved residential care home of the entity for the purposes of the new Act.
Subdivision E—Security of tenure
80 Notices asking care recipients to leave residential care services
(1) This section applies if:
(a) before the transition time, an entity gave a notice (the original notice) to a care recipient under subsection 7(2) of the User Rights Principles stating that the entity had decided to ask the care recipient to leave a residential care service; and
(b) the date specified in the original notice as the date on which the person is required to leave the residential care service is after the transition time.
(2) The original notice is taken to be a notice (the new notice) under subsection 149‑65(1) of the new rules asking an individual to leave an approved residential care home.
(3) The new notice is taken:
(a) to have been given at the transition time; and
(b) to specify the date stated in the original notice as the date on which the person is required to leave the residential care service as the date on which the individual is required to leave the approved residential care home.
(4) To avoid doubt, nothing in this section is to be taken to require a continuity of care plan under paragraph 149‑65(1)(e) of the new rules to be included in the new notice.
Division 4—Conditions on registration of registered providers—information and access
81 Financial information statements for payment periods under the old law—home care
(1) This section applies if, before the transition time:
(a) an entity was required to give a written statement to a care recipient, in respect of a payment period ending before the transition time, under subsection 21B(1) of the User Rights Principles; and
(b) the entity had not given the written statement to the care recipient.
(2) Despite the repeal of the User Rights Principles, the requirement to give the written statement to the care recipient continues to apply after the transition time, in relation to the payment period, as if that repeal had not happened.
82 Disclosure to care recipients under the old law—giving notice on entering into accommodation agreement
(1) This section applies if, before the transition time:
(a) an entity was required under subsection 57(1) of the Fees and Payments Principles to give a written notice to a care recipient stating that the entity will, on request by the care recipient, give the care recipient the information and documents referred to in that subsection; and
(b) the entity had not given the notice to the care recipient.
(2) Despite the repeal of the Fees and Payments Principles, the requirement to give the written notice to the care recipient continues to apply, after the transition time, as if that repeal had not happened.
83 Disclosure to care recipients under the old law—giving information on request about accommodation agreement
(1) This section applies if, before the transition time:
(a) a care recipient requested under subsection 57(2) of the Fees and Payments Principles that an entity give the care recipient the information and documents referred to in subsection 57(1) of those Principles; and
(b) the entity had not given the information and documents to the care recipient.
(2) Despite the repeal of the Fees and Payments Principles, the requirement to give the information and documents to the care recipient continues to apply, after the transition time, as if that repeal had not happened.
84 Disclosure to care recipients under the old law—giving copy of entry in refundable deposit register
(1) This section applies if, before the transition time:
(a) an entity was required under paragraph 57(3)(a) of the Fees and Payments Principles to give a copy of an entry in the refundable deposit register to a care recipient; and
(b) the period for giving the copy of the entry to the care recipient had not ended; and
(c) the entity had not given the copy of the entry to the care recipient.
(2) Despite the repeal of the Fees and Payments Principles, the requirement to give the copy of the entry to the care recipient continues to apply, after the transition time, in relation to the period of 12 months immediately before the transition time, as if that repeal had not happened.
85 Publishing pricing information—services delivered through service group home support
(1) This section applies, during the pricing information transition period, to a registered provider registered in any of the following provider registration categories:
(a) home and community services;
(b) assistive technology and home modifications;
(c) advisory and support services;
(d) personal and care support in the home or community;
(e) nursing and transition care.
Prices for services delivered through service group home support
(2) A registered provider delivering funded aged care services through the service group home support must publish on the registered provider’s website the price that the registered provider charges individuals for the delivery of each service in the following service types:
(a) allied health and therapy;
(b) care management;
(c) domestic assistance;
(d) home maintenance and repairs;
(e) home or community general respite;
(f) meals;
(g) nursing care;
(h) personal care;
(i) restorative care management;
(j) social support and community engagement;
(k) therapeutic service for independent living;
(l) transport.
(3) The pricing information published for the purposes of subsection (2) must:
(a) specify the standard price for delivery of the service during standard business hours; and
(b) specify the standard price for delivery of the service on weekdays outside standard business hours; and
(c) specify the standard price for delivery of the service on Saturdays; and
(d) specify the standard price for delivery of the service on Sundays; and
(e) specify the standard price for delivery of the service on public holidays.
(4) A registered provider must update the pricing information on the registered provider’s website for a service:
(a) within 7 days of the transition time; and
(b) if the standard price for the service changes during the pricing information transition period—within 7 days of the change.
(5) A registered provider is not required to publish a price for a service under subsection (2) if the registered provider is not currently delivering, or intending to deliver, the service.
(6) The requirements of this section do not apply to a registered provider in respect of the delivery of funded aged care services under a specialist aged care program.
(7) In this section:
pricing information transition period means the period of 2 months beginning at the transition time.
Division 5—Conditions on registration of registered providers—governance
86 Advisory body requirements
(1) This section applies if:
(a) an entity is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and
(b) after the transition time, a quality care advisory body established by the entity under paragraph 158(2)(a) of the new Act is required to give a report to the governing body of the entity under subparagraph 158(2)(a)(ii) of the new Act; and
(c) before the transition time, the quality care advisory body established by the entity under paragraph 63‑1D(6)(a) of the old Act had given one or more reports to the governing body of the entity under subparagraph 63‑1D(6)(a)(ii) of the old Act.
(2) The first report given by the quality advisory care body to the governing body of the entity under subparagraph 158(2)(a)(ii) of the new Act after the transition time must cover any period that was not covered in the most recent quality report given to the entity under the old Act before the transition time.
Division 6—Conditions on registration of registered providers—restrictive practices
87 Individual restrictive practices nominees
A person who, immediately before the transition time, was an individual nominee for a restrictive practice in relation to a care recipient within the meaning of subsection 5A(2) of the Quality of Care Principles is taken, after the transition time, to be an individual nominee for a restrictive practice in relation to the care recipient nominated in accordance with subsection 6‑15(2) of the new rules.
88 Nominee group
A group of individuals that, immediately before the transition time, was a nominee group for a restrictive practice in relation to a care recipient within the meaning of subsection 5A(3) of the Quality of Care Principles is taken, after the transition time, to be a nominee group for a restrictive practice in relation to the care recipient within the meaning of subsection 6‑15(3) of the new rules.
Division 7—Conditions on registration of registered providers—management of incidents and complaints
89 Notifying police of incidents under the old law
(1) This section applies if, before the transition time:
(a) an entity was required under subsection 15LA(5) or (6) of the Quality of Care Principles to notify a police officer of an incident; and
(b) the entity had not notified a police officer of the incident.
(2) Despite the repeal of the Quality of Care Principles, the requirement to notify a police officer of an incident continues to apply as if that repeal had not happened.
90 Documentation, record keeping and data analysis under the old law
(1) This section applies if, before the transition time:
(a) an entity was required under subsection 15MC(3) of the Quality of Care Principles to retain a record of an incident for a period of 7 years after the date on which the incident was identified; and
(b) the 7 year period had not ended.
(2) Despite the repeal of the Quality of Care Principles, the requirement to retain the record continues to apply as if that repeal had not happened.
Division 8—Obligations relating to reporting, notifications and information
Subdivision A—Reports about reportable incidents
91 Priority 1 reportable incidents
(1) A priority 1 reportable incident under subsection 15NE(2) of the Quality of Care Principles that occurs before the transition time is taken, at the transition time, to be a priority 1 reportable incident under subsection 165A‑25(2) of the new rules.
Priority 1 notice given before transition time
(2) A registered provider is taken, at the transition time, to have given the Commissioner a priority 1 notice under subsection 165A‑25(1) of the new rules in relation to the priority 1 reportable incident if:
(a) immediately before the transition time, the registered provider was an approved provider; and
(b) the approved provider had given the Quality and Safety Commissioner a priority 1 notice under subsection 15NE(1) of the Quality of Care Principles in relation to the priority 1 reportable incident before the transition time.
Priority 1 notice not given before transition time
(3) A registered provider must give the Commissioner a priority 1 notice under subsection 165A‑25(1) of the new rules in relation to the priority 1 reportable incident if:
(a) immediately before the transition time, the registered provider was an approved provider that was required to give the Quality and Safety Commissioner a priority 1 notice under subsection 15NE(1) of the Quality of Care Principles in relation to the priority 1 reportable incident if those principles had not been repealed; and
(b) the approved provider had not given the priority 1 notice to the Quality and Safety Commissioner before the transition time.
92 Reportable incidents for which no priority 1 notice given
(1) A reportable incident to which paragraph 15NF(1)(b) of the Quality of Care Principles applies that occurs before the transition time is taken, at the transition time, to be a reportable incident to which subsection 165A‑30(1) of the new rules applies.
Priority 2 notice given before transition time
(2) A registered provider is taken, at the transition time, to have given the Commissioner a priority 2 notice under subsection 165A‑30(1) of the new rules in relation to the reportable incident if:
(a) immediately before the transition time, the registered provider was an approved provider; and
(b) the approved provider had given the Quality and Safety Commissioner a priority 2 notice under subsection 15NF(1) of the Quality of Care Principles in relation to the reportable incident before the transition time.
Priority 2 notice not given before transition time
(3) A registered provider must give the Commissioner a priority 2 notice under subsection 165A‑30(1) of the new rules in relation to the reportable incident if:
(a) immediately before the transition time, the registered provider was an approved provider that was required to give the Quality and Safety Commissioner a priority 2 notice under subsection 15NF(1) of the Quality of Care Principles in relation to the reportable incident if those principles had not been repealed; and
(b) the approved provider had not given the priority 2 notice to the Quality and Safety Commissioner before the transition time.
93 Timing requirements
For the purposes of sections 91 and 92, the period for the doing of a thing in relation to a priority 1 reportable incident or a reportable incident to which paragraph 15NF(1)(b) of the Quality of Care Principles applies is taken, under the new rules, to be the period within which the thing would have been required to have been done if the Quality of Care Principles had not been repealed.
Note: For example, in relation to a priority 2 notice, if an approved provider becomes aware of a reportable incident 15 days before the day on which the transition time occurs, and the provider has not given a notice under section 15NE of the Quality of Care Principles about the incident, at the transition time, the provider has 15 days left to give the Commissioner the priority 2 notice under subsection 165A‑30(1) of the new rules.
Subdivision B—Other obligations relating to reporting, notifications and information
94 Requirements to give documents or information under the old law
Application
(1) This section is in addition to, and not in substitution for, item 12 of Schedule 2 to the CTP Act.
(2) This section applies if:
(a) immediately before the transition time, an entity was an approved provider; and
(b) before the transition time, the entity was required, by a provision of the old law, to give a document (however described) or information to the Secretary in relation to a period that had not ended before the transition time; and
(c) the entity had not complied with the requirement before the transition time.
Documents or information required to be given under old and new law
(3) If:
(a) the entity is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and
(b) the document or information is specified in column 1 of an item of the following table;
then:
(c) the first document or information given by the entity after the transition time, under the corresponding provision of the new rules specified in column 2 of the item must cover any period that was not covered in the most recent such document or information given by the entity before the transition time; and
(d) if the entity satisfies the requirement in paragraph (c) in relation to the document or information:
(i) the entity is taken to have satisfied the requirement to give the document or information to the Secretary under the applicable provision of the old law; and
(ii) for a report specified in column 1 of item 3 of the table—if the entity has the first report given under section 166‑345 of the new rules audited under section 166‑350 of the new rules, the entity is taken to have satisfied the requirement under section 36 of the Accountability Principles in relation to the period referred to in paragraph (c) of this subsection; and
(iii) for a statement specified in column 1 of item 7 of the table—if the entity has the first statement given under section 166‑360 of the new rules audited under section 166‑385 of the new rules, the entity is taken to have satisfied the requirement under section 56 of the Fees and Payments Principles in relation to the period referred to in paragraph (c) of this subsection.
Information required by section 63‑1G of the old Act
(4) If the document or information is a report required by section 63‑1G of the old Act, then, despite the repeal of the old law, sections 53E and 53F of the Accountability Principles continue to apply, after the transition time, as if the repeal had not happened.
Statements required by section 53G of the Accountability Principles
(5) If the document or information is a statement required by section 53G of the Accountability Principles then, despite the repeal of the Accountability Principles, that provision continues to apply, after the transition time, as if the repeal had not happened.
95 Determinations of financial years for approved providers
(1) This section applies if, immediately before the transition time:
(a) an entity was an approved provider; and
(b) either or both of the following apply to entity:
(i) a determination of the entity’s financial year was in force under paragraph 32(3)(a) of the Accountability Principles;
(ii) a determination of the entity’s financial year was in force under paragraph 59(2)(a) of the Fees and Payments Principles.
(2) If only one of the subparagraphs in paragraph (1)(b) applies to the entity, the determination referred to in that subparagraph is taken, after the transition time, to be a determination of the entity’s reporting period under paragraph 166‑355(3)(a) of the new rules.
(3) If both of the subparagraphs in paragraph (1)(b) apply to the entity, the determination referred to in subparagraph (1)(b)(i) is taken, after the transition time, to be a determination of the entity’s reporting period under paragraph 166‑355(3)(a) of the new rules.
96 Pending applications for determinations of financial years for approved providers
(1) This section applies if:
(a) immediately before the transition time, an entity was an approved provider; and
(b) the entity had made an application for a determination in relation to the entity’s financial year before the transition time under either or both of the following:
(i) subsection 32(2) of the Accountability Principles;
(ii) subsection 59(1) of the Fees and Payments Principles; and
(c) the application had not been determined before the transition time, whether because:
(i) the Secretary had requested further information under subparagraph 32(3)(b)(ii) of the Accountability Principles; or
(ii) the Secretary had requested further information under subparagraph 59(2)(b)(ii) of the Fees and Payments Principles; or
(iii) otherwise.
(2) If only one of the subparagraphs in paragraph (1)(b) applies to the entity, the application referred to in that paragraph is taken, after the transition time, to be an application made under subsection 166‑355(2) of the new rules for a determination in relation to the entity’s reporting period.
(3) If both of the subparagraphs in paragraph (1)(b) apply to the entity, the application referred to in subparagraph (1)(b)(i) is taken, after the transition time, to be an application made under subsection 166‑355(2) of the new rules for a determination in relation to the entity’s reporting period.
(4) For the purposes of subsections (2) and (3), the period within which the System Governor must notify the entity of the System Governor’s decision is the remainder, as at the transition time, of the period that applied to the decision under the Accountability Principles.
97 Informing Quality and Safety Commissioner of unexplained absences of care recipients under the old law
(1) This section applies if, before the transition time:
(a) an entity was required to inform the Quality and Safety Commissioner of a matter under subsection 6(1) of the Accountability Principles; and
(b) the entity had not informed the Quality and Safety Commissioner of the matter.
(2) Despite the repeal of the Accountability Principles, the requirement to inform the Quality and Safety Commissioner of the matter continues to apply as if that repeal had not happened.
Subdivision C—Pricing information
98 Pricing information—initial report
Section 166‑1005 of the new rules applies as if the following were inserted after subsection (1) of that section:
‘(1A) For the purposes of paragraph 166(1)(a) of the Act, a registered provider must:
(a) give a report to the System Governor of the standard price charged during standard business hours that the provider charges individuals for each service in the service types referred to in subsection (3); and
(b) do so before 8 November 2025; and
(c) do so in the approved form.’
Division 9—Obligations relating to suitability of responsible persons
99 Notifying change of circumstances relating to suitability under the old law
(1) This section applies if:
(a) before the transition time:
(i) an individual was one of the key personnel of an entity that was an approved provider; and
(ii) the individual became aware of a change of circumstances relating to a suitability matter of which the individual was required to notify the entity, within 14 days of becoming so aware, under subsection 10A‑1(1) of the old Act; and
(b) immediately before the transition time:
(i) the 14 day period had not ended; and
(ii) the individual had not notified the entity of the change of circumstances relating to the suitability matter.
(2) Despite the repeal of the old Act, the requirement to notify the entity continues to apply after the transition time, until the end of the 14 day period, as if that repeal had not happened.
Note: Failure to notify is an offence under subsection 10A‑1(3) of the old Act.
100 Requirements for considering suitability matters
(1) This section applies to a registered provider in relation to a person who is a responsible person of the registered provider if:
(a) the registered provider is an entity that, immediately before the transition time, was an approved provider; and
(b) before the transition time, the person was one of the key personnel of the approved provider; and
(c) the approved provider had, under paragraph 63‑1A(a) of the old Act, considered the suitability matters in relation to the person at a time within 12 months before the transition time.
(2) For the purposes of subparagraph 172(1)(a)(i) of the new Act, the registered provider’s first consideration of the suitability matters in relation to the person after the transition time must occur within 12 months after the time mentioned in paragraph (1)(c).
101 Record keeping relating to suitability matters under the old law
(1) This item applies if, before the transition time, an entity was required to keep a record of matters under paragraph 63‑1A(b) of the old Act.
(2) Despite the repeal of the old Act, the requirement under paragraph 63‑1A(b) of the old Act continues to apply as if that repeal had not happened.
Division 10—Obligations relating to aged care workers etc.
Subdivision A—Registered nurses
102 Exemptions from section 54‑1A of the old Act under the old law
(1) This section applies if:
(a) at the transition time:
(i) an entity is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and
(ii) because of subitem 5(7) of Schedule 2 to the CTP Act, a place that is a residential facility is taken to be an approved residential care home in relation to the entity; and
(b) immediately before the transition time, an exemption (the old exemption) under subsection 15S(1) of the Quality of Care Principles was in force in relation to the residential facility.
(2) The exemption is taken to be an exemption (the new exemption) granted under paragraph 175(2)(a) of the new Act in relation to the approved residential care home.
(3) The new exemption is taken:
(a) to have started to be in force at the transition time; and
(b) to remain in force for the remainder, as at the transition time, of the period for which the old exemption would have been in force; and
(c) to be subject to the same conditions that applied to the old exemption.
103 Pending applications for exemptions from section 54‑1A of the old Act under the old law
(1) This section applies if, before the transition time:
(a) an entity was an approved provider; and
(b) the entity made an application for an exemption from section 54‑1A of the old Act under section 15Q of the Quality of Care Principles in relation to a residential facility at which the entity provided residential care; and
(c) the Secretary had not made a decision whether to grant the exemption or to refuse the exemption under section 15S of the Quality of Care Principles; and
(d) at the transition time:
(i) the entity is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and
(ii) because of subitem 5(7) of Schedule 2 to the CTP Act, the place that is the residential facility is taken to be an approved residential care home in relation to the entity.
(2) At the transition time, the entity is taken to have made an application under section 175‑15 of the new rules for an exemption from subsection 175(1) of the new Act in relation to the approved residential care home.
Subdivision B—Delivery of direct care
104 Calculation of required numbers of care minutes
(1) Section 176‑20 of the new rules applies to an entity subject to this section if:
(a) at the transition time, the entity is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and
(b) after the transition time, the entity delivers funded aged care services in an approved residential care home that:
(i) was a residential care service (the original residential care service) immediately before the transition time in relation to the entity; and
(ii) is, because of subitem 5(7) of Schedule 2 to the CTP Act, taken to be, or to be part of, an approved residential care home in relation to the entity.
Calculations for remainder of quarter that started on 1 October 2025
(2) Subject to subsection (3):
(a) the required combined staff average number of care minutes per individual per day in respect of the approved residential care home for the remainder of the quarter that started on 1 October 2025; and
(b) the required registered nurse average number of care minutes per individual per day in respect of the approved residential care home for the remainder of that quarter;
are to be calculated using the combined staff daily amounts and the registered nurse daily amounts that applied to the original residential care service for the reference period June to August 2025 under the Quality of Care Principles.
(3) If, at the transition time, the residential care service is taken, because of subitem 5(7) of Schedule 2 to the CTP Act, to be more than one approved residential care home, each of those approved residential care homes is taken to have provided no days of recognised residential care in relation to the reference period June to August 2025.
Calculations for quarter starting on 1 January 2026
(4) Despite the repeal of the Quality of Care Principles:
(a) the required combined staff average number of care minutes per individual per day in respect of the approved residential care home for the quarter starting on 1 January 2026; and
(b) the required registered nurse average number of care minutes per individual per day in respect of the approved residential care home for that quarter;
are to be calculated using the combined staff daily amounts and the registered nurse daily amounts that would have applied to the original residential care service for the reference period September to November 2025 under the Quality of Care Principles if that repeal had not happened.
Division 11—Other obligations—cooperation with other persons
105 Pricing Authority directions under the old law
(1) This section applies if:
(a) before the transition time, the Pricing Authority gave a notice to an entity under subsection 4D(1), 4E(1) or 4F(1) of the Accountability Principles requiring the entity to do a thing; and
(b) the day specified in the notice for the doing of thing is after the transition time; and
(c) the entity had not done the thing before the transition time.
(2) Despite the repeal of the Accountability Principles, the requirement to do the thing continues to apply, after the transition time, until the end of the day specified in the notice, as if the repeal had not happened.
Part 5—Matters for Chapter 4 of the new Act
Division 1—Home care subsidy under the old law
106 Pending applications for oxygen supplement
Despite the repeal of the old law:
(a) Subdivision A of Division 2 of Part 2 of Chapter 3 of the Subsidy Principles; and
(b) any provision necessary for the effectual operation of that Subdivision;
continue to apply to an application under subsection 75(1) of those Principles that was made, but not decided, before the transition time, as if that repeal had not happened.
107 Pending applications for enteral feeding supplement
Despite the repeal of the old law:
(a) Subdivision B of Division 2 of Part 2 of Chapter 3 of the Subsidy Principles; and
(b) any provision necessary for the effectual operation of that Subdivision;
continue to apply to an application under subsection 79(1) of those Principles that was made, but not decided, before the transition time, as if that repeal had not happened.
Division 2—Residential care subsidy under the old law
108 Pending applications for hardship supplement under the old Transitional Provisions Act
Despite the repeal of the old law, sections 44‑30 and 44‑31 of the old Transitional Provisions Act, and Subdivision B of Division 8 of Part 3 of Chapter 2 of the old Transitional Provisions Principles, continue to apply to an application under subsection 44‑31(4) of the old Transitional Provisions Act, that was made, but not decided, before the transition time, as if the repeal had not happened.
109 Pending applications for oxygen supplement
Despite the repeal of the old law:
(a) Subdivision B of Division 3 of Part 3 of Chapter 2 of the Subsidy Principles; and
(b) any provision necessary for the effectual operation of that Subdivision;
continue to apply to an application under subsection 25(1) of those Principles that was made, but not decided, before the transition time, as if that repeal had not happened.
110 Pending applications for enteral feeding supplement
Despite the repeal of the old law:
(a) Subdivision C of Division 3 of Part 3 of Chapter 2 of the Subsidy Principles; and
(b) any provision necessary for the effectual operation of that Subdivision;
continue to apply to an application under subsection 29(1) of those Principles that was made, but not decided, before the transition time, as if that repeal had not happened.
Division 3—Flexible care subsidy under the old law
111 Flexible care subsidy in respect of flexible care provided through multi‑purpose service paid before transition time
(1) This section applies if:
(a) flexible care subsidy in respect of flexible care provided through a multi‑purpose service is paid, before the transition time, in relation to a payment period, in accordance with an agreement of a kind mentioned in paragraph 108(3)(a) of the Subsidy Principles; and
(b) the payment period ends after the transition time.
(2) Despite the repeal of the old law, an amount of such subsidy is not a recoverable amount within the meaning of the old Act or the new Act merely because the payment period ends after the transition time.
Division 4—Commonwealth contributions—subsidy for home support—available service delivery branch financial year account balance
112 Available service delivery branch financial year account balance
(1) This section applies to a notional service delivery branch account for a registered provider for a service delivery branch of the provider established under subsection 203(1) of the new Act if the first individual referred to in paragraph (a) of that subsection is an individual:
(a) in respect of whom the System Governor is taken under subitem 2(1) or 3(1) of Schedule 2 to the CTP Act to have made a decision that the individual is approved for a classification type for a service group; and
(b) the start day for the individual for the classification type for the service group is the day of the transition time.
(2) For the quarter in which the start day occurs, and the subsequent quarter, no amounts are to be credited to the notional service delivery branch account under subsection 203(2) of the new Act in relation to any individual.
Note: Instead, the effect of subsection (3) of this section is to credit amounts in accordance with subsection 203(4) of the new Act to the account for those two quarters.
(3) Subsection 203(4) of the new Act applies to the notional service delivery branch account as though:
(a) the reference in subsection 203(4) of the new Act to other than the first quarter of operation or second quarter of operation were instead a reference to including the first quarter of operation and the second quarter of operation; and
(b) a reference in subsection 203(4) of the new Act to the first day of a quarter, when used in relation to the quarter in which the start day occurs, were instead a reference to 1 November 2025; and
(c) a reference in paragraphs (a) and (b) of subsection 203(4) of the new Act to the number of days in the quarter, when used in relation to the quarter in which the start day occurs, were instead a reference to the number of remaining days in the quarter on 1 November 2025.
(4) Subsection 203(5) of the new Act applies, in relation to the quarter in which the start day occurs and an individual who is a covered individual, as though:
(a) the registered provider had complied with the requirement in paragraph (a) of that subsection in relation to the individual; and
(b) any other requirements prescribed by the new rules for the purposes of paragraph (c) of that subsection had been met in relation to the individual.
(5) For the purposes of subsection (4), a covered individual is an individual:
(a) in respect of whom the System Governor is taken under subitem 2(1) or 3(1) of Schedule 2 to the CTP Act to have made a decision that the individual is approved for a classification type for a service group; and
(b) for whom the start day for the classification type for the service group is the day of the transition time; and
(c) to whom the registered provider delivers ongoing funded aged care services through the service group home support through the service branch.
Division 5—Commonwealth contributions—subsidy for home support, assistive technology and home modifications
113 Secondary person‑centred supplements—fee reduction supplement—home or community fee reduction supplement determinations
(1) This section applies to an individual if:
(a) immediately before the transition time, a determination (the old determination) is in force under section 48‑11 of the old Act in relation to the individual; or
(b) after the transition time, a determination (the old determination) is, because of the operation of item 20C of Schedule 2 to the CTP Act, made under section 48‑11 of the old Act in relation to the individual.
(2) The individual is taken to have made, at the transition time, an application for a home or community fee reduction supplement determination for the individual in accordance with section 197‑8 of the new rules.
(3) The System Governor must:
(a) determine the matters referred to in paragraph 197‑10(1)(a) of the new rules in relation to the application by reference to the information to which the System Governor had regard in making the old determination; and
(b) determine for the purposes of paragraph 197‑10(1)(b) of the new rules that the home or community fee reduction supplement determination takes effect on the day of the transition time; and
(c) determine for the purposes of paragraph 197‑10(1)(c) of the new rules that the period for which the home or community fee reduction supplement determination is in effect ends at the earliest time at which the old determination would have ceased to be in force in accordance with the old law.
Division 6—Commonwealth contributions—unspent Commonwealth portions and home care accounts
114 Unspent funds supplement
Application of this section
(1) This section applies in relation to subsidy for which a registered provider is eligible under section 191, 209 or 218 of the new Act for the delivery of a funded aged care service to an individual on a day if:
(a) the provider makes a claim for the subsidy under subsection 251(1) of the new Act; and
(b) apart from the operation of this section, some or all of the debit amount referred to in subsection 251A(1) or 251A(3) of the new Act in relation to the subsidy is payable under that subsection because either or both of the following apply:
(i) the provider holds an unspent Commonwealth portion for the individual;
(ii) there is an available balance of a home care account for the individual.
(2) The percentage of the debit amount that would, apart from the operation of this section, be payable as referred to in paragraph (1)(b) of this section is the unspent funds percentage.
Modified operation of new law—individual contribution and person‑centred subsidy amounts
(3) The subsidy for which the provider is eligible under section 191, 209 or 218 of the new Act, and the fees and contributions payable by the individual under Division 1 of Part 3 of Chapter 4 of the new Act, for the delivery of the funded aged care service on the day are taken to be modified as if:
(a) the individual contribution for the delivery of the funded aged care service to the individual on the day worked out under subsection 273(2) of the new Act included an additional Step 3A after Step 3 in the method statement in that subsection, which required that the Step 3 amount were reduced by an amount (the relevant amount) equal to the Step 3 amount multiplied by the unspent funds percentage; and
(b) Step 4 of the method statement in that subsection referred to the Step 3A amount rather than the Step 3 amount; and
(c) the secondary person‑centred supplements for the classification type for the service group that applied to the individual for the day under section 197, 214 or 223 of the new Act included an unspent funds supplement amount that is equal to the relevant amount referred to in paragraph (a) of this subsection.
Note: Any individual contribution reduction for the individual for the service under section 199, 208, 217 or 226 of the new Act will also be reduced because of the operation of paragraphs (a) and (b).
(4) To avoid doubt, sections 251A and 251B of the new Act apply to the subsidy for which the provider is eligible under section 191, 209 or 218 of the new Act, and the fees and contributions payable by the individual under Division 1 of Part 3 of Chapter 4 of the new Act, for the delivery of the funded aged care service on the day as modified under subsection (3) of this section.
Division 7—Commonwealth contributions—subsidy for residential care
115 Accommodation supplement—determination in effect in relation to a residential care service that has been significantly refurbished
(1) This section applies if:
(a) at the transition time:
(i) an entity is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and
(ii) because of subitem 5(7) of Schedule 2 to the CTP Act, a place through which the entity provided a residential care service is taken to be, or be part of, an approved residential care home in relation to the entity; and
(b) immediately before the transition time, a determination (the old law determination) under subsection 52(1) of the Subsidy Principles was in effect in relation to the residential care service.
(2) The old law determination is taken, at and after the transition time, to be a determination (the new law determination) made under subsection 230‑30(1) of the new rules.
(3) Despite subsection 230‑50(1) of the new rules, the new law determination is taken to take effect at the transition time.
116 Accommodation supplement—pending application for determination in relation to a residential care service that has been significantly refurbished
(1) Despite the repeal of the old law:
(a) Subdivision A of Division 5 of Part 3 of Chapter 2 of the Subsidy Principles; and
(b) any provision necessary for the effectual operation of that Subdivision;
continue to apply to an application under subsection 51(1) of those Principles that was made, but not decided, before the transition time, as if that repeal had not happened.
(2) Subsection (3) applies if:
(a) a determination (the old law determination) in relation to a residential care service is made under subsection 52(1) of the Subsidy Principles after the transition time because of subsection (1) of this section; and
(b) at the transition time:
(i) the approved provider of the residential care service is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and
(ii) because of subitem 5(7) of Schedule 2 to the CTP Act, the place through which the entity provided the residential care service is taken to be, or be part of, an approved residential care home in relation to the registered provider.
(3) The old law determination is taken, at and after the transition time, to be a determination (the new law determination) made under subsection 230‑30(1) of the new rules in relation to the approved residential care home.
(4) Despite subsection 230‑50(1) of the new rules, the new law determination is taken to take effect at the transition time.
117 Accommodation supplement—determination in effect in relation to a residential care service proposed to be significantly refurbished
(1) This section applies if:
(a) at the transition time:
(i) an entity is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and
(ii) because of subitem 5(7) of Schedule 2 to the CTP Act, a place through which the entity provided a residential care service is taken to be, or be part of, an approved residential care home in relation to the entity; and
(b) immediately before the transition time, a determination (the old law determination) under subsection 53(1) of the Subsidy Principles was in effect in relation to the residential care service.
(2) The old law determination is taken, at and after the transition time, to be a determination (the new law determination) made under subsection 230‑35(1) of the new rules.
(3) Despite subsection 230‑50(2) of the new rules, the new law determination is taken to take effect at the transition time.
118 Accommodation supplement—determination made, but not in effect, in relation to a residential care service proposed to be significantly refurbished
(1) This section applies if:
(a) at the transition time:
(i) an entity is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and
(ii) because of subitem 5(7) of Schedule 2 to the CTP Act, a place through which the entity provided a residential care service is taken to be, or be part of, an approved residential care home in relation to the entity; and
(b) before the transition time:
(i) a determination (the old law determination) was made under subsection 53(1) of the Subsidy Principles in relation to the residential care service; and
(ii) the old law determination had not taken effect under subsection 57(2) of the Subsidy Principles.
(2) The old law determination is taken, at and after the transition time, to be a determination (the new law determination) made under subsection 230‑35(1) of the new rules.
(3) The new law determination is taken to take effect on the day the System Governor receives the information about the residential care service referred to in subsection 53(3) of the Subsidy Principles.
119 Accommodation supplement—pending application for determination in relation to a residential care service proposed to be significantly refurbished
An application for a determination in relation to a residential care service that was made under subsection 51(2) of the Subsidy Principles, but had not been decided before the transition time, is taken, at and after the transition time, to be an application for a determination in relation to an approved residential care home made under subsection 230‑25(2) of the new rules.
120 Fee reduction supplement—residential care fee reduction supplement determinations
(1) This section applies to an individual if:
(a) immediately before the transition time, a determination (the old determination) is in force under any of the following provisions in relation to the individual:
(i) section 44‑31 of the old Act;
(ii) section 44‑31 of the old Transitional Provisions Act;
(iii) section 52K‑1 of the old Act;
(iv) section 57‑14 of the old Transitional Provisions Act;
(v) section 57A‑9 of the old Transitional Provisions Act; or
(b) after the transition time:
(i) a determination (the old determination) is, because of the operation of item 20F of Schedule 2 to the CTP Act, made under section 44‑31 of the old Act in relation to the individual; or
(ii) a determination (the old determination) is, because of the operation of section 108 of this instrument, made under section 44‑31 of the old Transitional Provisions Act in relation to the individual; or
(iii) a determination (the old determination) is, because of the operation of section 131 of this instrument, made under section 52K‑1 of the old Act in relation to the individual; or
(iv) a determination (the old determination) is, because of the operation of section 132 of this instrument, made under section 57‑14 of the old Transitional Provisions Act in relation to the individual; or
(v) a determination (the old determination) is, because of the operation of section 133 of this instrument, made under section 57A‑9 of the old Transitional Provisions Act in relation to the individual.
(2) The old determination continues in force until the earlier of the following:
(a) the old determination ceases to be in force in accordance with the old law;
(b) a determination made under section 231‑17 of the new rules for the individual takes effect.
(3) Subsection 242B‑27(1) of the new rules applies as if paragraphs (e), (f), (g) and (h) of that subsection were omitted and substituted with the following:
‘(e) on the day, the individual has not gifted:
(i) more than $10,000 in the previous 12 months; or
(ii) more than $30,000 in the previous 5 years; and
(f) on the day, an old determination within the meaning of section 120 of the Aged Care (Consequential and Transitional Provisions) Rules 2025 (the CTP Rules) is in force in relation to the individual.’
(4) Section 242B‑27 of the new rules applies as if subsections (3) to (6) of that section were omitted and substituted with the following:
‘Amount of transitional fee reduction supplement’
(3) The amount of the transitional fee reduction supplement for a day for an individual to whom the supplement applies under subsection (1) for the day is:
(a) for an individual in the pre‑2014 residential contribution class in relation to whom an old determination within the meaning of subparagraph 120(1)(a)(ii) or (b)(ii) of the CTP Rules is in force—the amount of the hardship supplement for a day that applied to the individual under Division 2 of Part 5 of Chapter 3 of the Aged Care (Transitional Provisions) (Subsidy and Other Measures) Determination 2014 immediately before the transition time; or
(b) for an individual in the post‑2014 residential contribution class in relation to whom an old determination within the meaning of subparagraph 120(1)(a)(i) or (b)(i) of the CTP Rules is in force—the amount of the hardship supplement for a day that applied to the individual under section 64ZQ of the Aged Care (Subsidy, Fees and Payments) Determination 2014 immediately before the transition time; or
(c) for any other individual—zero.
Reduction of fees
(4) For an individual in the pre‑2014 residential contribution class, the transitional fee reduction supplement for the individual reduces (but not below zero) the following for the individual, in the following order:
(a) transitional basic daily fee;
(b) income tested fee.
(5) For an individual in the post‑2014 residential contribution class, the transitional fee reduction supplement for the individual reduces (but not below zero) the following for the individual, in the following order:
(a) transitional basic daily fee;
(b) means tested care fee.
Reduction of bonds and charges
(6) For an individual in the pre‑2014 residential contribution class in relation to whom an old determination within the meaning of subparagraph 120(1)(a)(iv) or (v) or (b)(iv) or (v) of the CTP Rules is in force:
(a) if the determination is that the individual must not be charged an accommodation bond or accommodation charge (as applicable)—the accommodation payment or accommodation contribution (as applicable) for the individual is reduced to zero; or
(b) if the determination is that the individual must not be charged an accommodation bond or accommodation charge (as applicable) of more than a specified maximum amount—the accommodation payment or accommodation contribution (as applicable) for the individual is reduced to an amount not greater than the specified maximum amount.
(7) For an individual in the post‑2014 residential contribution class in relation to whom an old determination within the meaning of subparagraph 120(1)(a)(iii) or (b)(iii) of the CTP Rules is in force, the accommodation payment or accommodation contribution (as applicable) for the individual is reduced to an amount not greater than the amount specified in the determination.’
121 Initial entry adjustment supplement
(1) This section applies in relation to an individual if:
(a) the System Governor is taken, under subitem 3(1) of Schedule 2 to the CTP Act, to have made a decision that the individual is approved for the classification type ongoing for the service group residential care; and
(b) the start day for the individual for the classification type for the service group is the day of the transition time only because of paragraph 77(3)(b) of this instrument.
(2) Section 231‑35 of the new rules does not apply in relation to that start day for the individual for the classification type for the service group.
Subdivision C—Provider‑based subsidy
122 Approved residential care homes with specialised status
(1) This section applies if:
(a) at the transition time:
(i) an entity is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and
(ii) because of subitem 5(7) of Schedule 2 to the CTP Act, a place through which the entity provided a residential care service is taken to be, or be part of, an approved residential care home in relation to the entity; and
(b) immediately before the transition time, a determination (the old law determination) under subsection 64Q(2) or 64U(2) of the SFP Determination was in effect in relation to the residential care service.
(2) The old law determination is taken to be a determination (the new law determination) made under subsection 243(3) of the new Act that the approved residential care home has specialised status.
(3) The new law determination is taken:
(a) to take effect at the transition time; and
(b) to have effect for the remainder, as at the transition time, of the period set out in the notice given under subsection 64Q(4) or 64U(4) of the SFP Determination (as applicable).
123 Approved residential care homes with specialised status—pending applications
(1) This section applies if:
(a) at the transition time:
(i) an entity is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and
(ii) because of subitem 5(7) of Schedule 2 to the CTP Act, a place through which the entity provided a residential care service is taken to be, or be part of, an approved residential care home in relation to the entity; and
(b) before the transition time, an application for a determination under subsection 64Q(2) or 64U(2) of the SFP Determination in relation to the residential care service was made, but not decided.
(2) The application is taken to be an application made under subsection 243(1) of the new Act for a determination that the approved residential care home has specialised status.
124 Care minutes supplement—amount for quarter starting 1 April 2026
(1) Section 239‑35 of the new rules applies subject to this section.
(2) The amount of care minutes supplement for an individual for a day in the quarter that starts on 1 April 2026 is to be worked out in the same way as it would have been worked out for a care recipient for a day in the quarter in accordance with section 64ZV of the SFP Determination if that Determination had not been repealed.
Division 8—Commonwealth contributions—subsidy for certain specialist aged care programs
125 Circumstances that must apply for System Governor to enter into agreements—Multi‑Purpose Service Program
(1) Section 247‑5 of the new rules applies as if it also prescribed the circumstances set out in subsection (2) of this section as alternative circumstances.
(2) The alternative circumstances are the following:
(a) the circumstances set out in paragraphs 247‑5(a) and (b) of the new rules do not apply in relation to the entity;
(b) at the transition time:
(i) the entity is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and
(ii) because of paragraph 5(7)(b) of Schedule 2 to the CTP Act, a place is taken to be, or be part of, an approved residential care home in relation to the entity for the purposes of paragraph 105(1)(b) and section 112 of the new Act;
(c) as at immediately before the transition time, the entity was providing individuals with flexible care through a multi‑purpose service at that place;
(d) the System Governor is satisfied that it is necessary to enter into the agreement with effect from the transition time to ensure continuity of care for those individuals;
(e) the agreement is to be entered into before 1 December 2025.
Division 9—Individual fees and contributions—fees and contributions payable in a home or community setting
126 When individual contribution is zero—annual contribution cap under the old Act
Section 273 of the new Act applies as if the following were added at the end:
‘(6) Despite subsection (2), the individual contribution for the delivery of the funded aged care service to the individual on the day is zero if:
(a) the day occurs during the annual cap period for the individual; and
(b) before the transition time, the sum of the care subsidy reductions under section 48‑7 of the old Act during the annual cap period for the individual was at least the annual cap (within the meaning of subsection 48‑7(7) of the old Act) applying immediately before the transition time for the individual.
(7) The annual cap period for the individual is the period of 12 months starting on the day, in the 12 month period before the transition time, that is:
(a) the day (the first day) on which the individual first entered an aged care service (within the meaning of the old Act) other than as a continuing care recipient (within the meaning of the old Act); or
(b) a day that is an anniversary of the first day.’
Division 10—Accommodation payments and accommodation contributions
Subdivision A—Accommodation payments
127 Decisions to approve higher maximum accommodation payment amounts before the transition time
(1) This section applies if:
(a) before the transition time, the Pricing Authority made a decision (the original decision) under subsection 52G‑4(5) of the old Act to approve a higher maximum amount of accommodation payment specified in an application made by an approved provider; and
(b) immediately before the transition time, the original decision was in effect or yet to come into effect; and
(c) the approved provider is taken, at the transition time, to be a registered provider under the new Act, due to the operation of subitem 5(1) of Schedule 2 to the CTP Act; and
(d) the original decision relates to a residential care service or flexible care service, or a distinct part of such a service, that was provided by the approved provider through a place that, at the transition time, is taken to be, or be part of, an approved residential care home in relation to the registered provider due to the operation of subitem 5(7) of Schedule 2 to that Act.
(2) The original decision is taken, at the transition time, to be a decision made by the Pricing Authority under section 290 of the new Act to approve the higher maximum accommodation payment amount in relation to:
(a) if the original decision relates to a residential care service or flexible care service and paragraph (b) does not apply—the approved residential care home of the registered provider; or
(b) if the original decision relates to a distinct part of a residential care service or flexible care service—the distinct part of the approved residential care home of the registered provider.
(3) For the purposes of subsection 290‑25(3) and subsections 290‑25(5) to (7) of the new rules:
(a) if a notice of the original decision was given in accordance with subsection 27(1) of the Fees and Payments Principles before the transition time—the notice is taken to be a notice of the new decision given in accordance with those subsections of the new rules; or
(b) if no notice of the original decision was given in accordance with subsection 27(1) of the Fees and Payments Principles before the transition time—those subsections of the new rules apply as though:
(i) a reference in those subsections to a decision included a reference to the original decision; and
(ii) a reference in those subsections to an application made in accordance with subsection 290(3) of the new Act included a reference to an application made in accordance with subsection 52G‑4(2) of the old Act.
(4) For the purposes of subsection 290‑25(8) of the new rules, the day on which the approval takes effect is:
(a) if a notice of the original decision was given in accordance with subsection 27(1) of the Fees and Payments Principles before the transition time—the day the decision takes effect as specified in the notice; or
(b) if no notice of the original decision was given in accordance with subsection 27(1) of the Fees and Payments Principles before the transition time—the day specified in the notice of the decision given in accordance with subsections 290‑25(3) to (7) of the new rules.
(5) To avoid doubt, for the purposes of applying paragraph 290(3)(b) of the new Act after the transition time, nothing in this section is taken to change the time at which the original decision was made.
Conditional approvals
(6) If the original decision was made to approve a higher maximum amount of accommodation payment specified in an application made by an approved provider subject to the condition (the old condition) referred to in subsection 26(3) of the Fees and Payments Principles before the transition time, then, after the transition time:
(a) the condition in subsection 290‑30(2) of the new rules does not apply to the approval; and
(b) the old condition continues to apply to the approval.
Note: The effect of paragraph (a) is that the approval is not subject to the requirements in subsection 290‑30(3) of the new rules being met within the period of 4 years mentioned in that subsection.
128 Decisions not to approve higher maximum accommodation payment amounts before the transition time
(1) This section applies if:
(a) before the transition time, the Pricing Authority made a decision (the original decision) under subsection 52G‑4(5) of the old Act to not approve a higher maximum amount of accommodation payment specified in an application made by an approved provider; and
(b) the approved provider is taken, at the transition time, to be a registered provider under the new Act, due to the operation of subitem 5(1) of Schedule 2 to the CTP Act; and
(c) the original decision relates to a residential care service or flexible care service, or a distinct part of such a service, that was provided by the approved provider through a place that, at the transition time, is taken to be, or be part of, an approved residential care home in relation to the registered provider due to the operation of subitem 5(7) of Schedule 2 to that Act.
(2) For the purposes of applying paragraph 290(3)(b) of the new Act after the transition time, the original decision is taken to be a decision made under section 290 of the new Act in relation to the approved residential care home of the registered provider.
(3) To avoid doubt, nothing in subsection (2) of this section is taken to change the time at which the decision was made.
(4) If, immediately before the transition time, no notice of the original decision was given in accordance with subsection 27(1) of the Fees and Payments Principles, the obligation in that subsection continues to apply to as if the Fees and Payments Principles had not been repealed.
129 Pending applications for approval of higher maximum accommodation payment amounts
Application
(1) This section applies if:
(a) before the transition time, an approved provider made an application (the original application) to the Pricing Authority under subsection 52G‑4(1) of the old Act for approval to charge a higher maximum amount of accommodation payment; and
(b) immediately before the transition time, the Pricing Authority has not made a decision under section 52G‑4 of the old Act about whether or not to approve the higher maximum amount of accommodation payment specified in the application; and
(c) the approved provider is taken, at the transition time, to be a registered provider under the new Act, due to the operation of subitem 5(1) of Schedule 2 to the CTP Act; and
(d) the original application relates to a residential care service or flexible care service, or a distinct part of such a service, that was provided by the approved provider through a place that, at the transition time, is taken to be, or be part of, an approved residential care home in relation to the registered provider due to the operation of subitem 5(7) of Schedule 2 to that Act.
Original applications taken to be applications made under new Act
(2) The original application is taken to be an application made by the registered provider to the Pricing Authority under section 290 of the new Act for approval to agree to, and charge, a higher maximum accommodation payment amount in relation to:
(a) if the original application relates to a residential care service or flexible care service and paragraph (b) does not apply—the approved residential care home of the registered provider; or
(b) if the original application relates to a distinct part of a residential care service or flexible care service—the distinct part of the approved residential care home of the registered provider.
(3) For the purposes of subsection 290‑25(6) of the new rules, the period within which the Pricing Authority must make the decision is the period within which the Pricing Authority was required, in accordance with subsection 27(3) of the Fees and Payments Principles, to make a decision on the original application.
Notices requiring further information
(4) If a notice (the original notice) was given to the approved provider before the transition time under subsection 52G‑4(3) of the old Act, requiring the approved provider to give further information for the purposes of determining the original application, the notice is taken to be a notice given to the registered provider under subsection 290(4) of the new Act.
(5) For the purposes of subsection 290(4) of the new Act, the period for complying with the notice is the period within which the original notice was required to be complied with in accordance with subsection 52G‑4(3) of the old Act.
(6) To avoid doubt, for the purposes of subsection 290‑25(7) of the new rules, the day the request was made is the day the original notice was given.
130 Notification and publication of accommodation payment amounts
(1) This section applies if:
(a) before the transition time, an approved provider gives information (the old information) referred to in subsection 19(1) of the Fees and Payments Principles to the Secretary, in accordance with paragraph 19(3)(b) of those Principles, regarding the key features of, and accommodation payment for, a room or part of a room in the provider’s residential care service or flexible care service; and
(b) either:
(i) immediately before the transition time, the old information was publicly available in accordance with paragraph 86‑9(1)(e) of the old Act; or
(ii) before the transition time, the old information had not been made publicly available in accordance with paragraph 86‑9(1)(e) of the old Act; and
(c) the approved provider is taken, at the transition time, to be a registered provider under the new Act, due to the operation of subitem 5(1) of Schedule 2 to the CTP Act; and
(d) the room or part of a room is in a place that, at the transition time, is taken to be, or be part of, an approved residential care home in relation to the registered provider due to the operation of subitem 5(7) of Schedule 2 to that Act.
(2) After the transition time:
(a) the old information given is taken to be a notification given by the registered provider to the System Governor in accordance with subsection 291(1) of the new Act; and
(b) subsection 291(4) of the new Act applies as though a reference in that subsection to the information listed in relation to the notification were a reference to the old information.
Subdivision B—Financial hardship
131 Pending application for determination of financial hardship under the old Act—accommodation payment or accommodation contribution
Despite the repeal of the old law, sections 52K‑1 and 52K‑2 of the old Act, and Division 7 of Part 4 of the Fees and Payments Principles, continue to apply to an application under subsection 52K‑1(4) of the old Act, that was made, but not decided, before the transition time, as if the repeal had not happened.
132 Pending application for determination of financial hardship under the old Transitional Provisions Act—accommodation bond
Despite the repeal of the old law, sections 57‑14 and 57‑15 of the old Transitional Provisions Act, and Division 3 of Part 1 of Chapter 4 of the old Transitional Provisions Principles, continue to apply to an application under subsection 57‑14(4) of the old Transitional Provisions Act, that was made, but not decided, before the transition time, as if the repeal had not happened.
133 Pending application for determination of financial hardship under the old Transitional Provisions Act—accommodation charge
Despite the repeal of the old law, sections 57A‑9 and 57A‑10 of the old Transitional Provisions Act, and Division 4 of Part 2 of Chapter 4 of the old Transitional Provisions Principles, continue to apply to an application under subsection 57A‑9(4) of the old Transitional Provisions Act, that was made, but not decided, before the transition time, as if the repeal had not happened.
Subdivision C—Refunds
134 Unpaid refunds of refundable deposit balances
(1) This section applies if:
(a) either:
(i) a refundable deposit balance (within the meaning of section 52P‑1 of the old Act) must be refunded under that section (as in force immediately before the transition time); or
(ii) a refundable deposit balance (within the meaning of section 52P‑2 of the old Act) must be refunded under that section (as in force immediately before the transition time); and
(b) the refundable deposit balance has not been refunded immediately before the transition time.
(2) Despite the repeal of the old Act, the following provisions of the old Act continue to apply after the transition time, in relation to the refundable deposit balance, as if that repeal had not happened:
(a) if subparagraph (1)(a)(i) applies—sections 52P‑1 and 52P‑3;
(b) if subparagraph (1)(a)(ii) applies—sections 52P‑2 and 52P‑3.
(3) Despite the repeal of the Fees and Payments Principles, Division 1 of Part 7 of those Principles continues to apply after the transition time, in relation to the refundable deposit balance, as if that repeal had not happened.
Note: Division 1 of Part 7 of the Fees and Payments Principles deals with the payment of interest on the refund of refundable deposit balances.
Division 11—Means testing for home care service recipients
135 Determination of an individual’s total assessable income—not decided at transition time
(1) This section applies to an individual if:
(a) the individual entered a home care service before the transition time; and
(b) immediately before the transition time, the Secretary is considering whether to make a determination under:
(i) subsection 44‑24(1) or paragraph 44‑24(2)(b), (3)(b), (3A)(b) or (4)(b) of the old Transitional Provisions Act; or
(ii) subsection 44‑24(1) or paragraph 44‑24(2)(b), (3)(b), (3A)(b) or (4)(b) of the old Act;
for the purposes of working out the individual’s total assessable income before the transition time under the old Transitional Provisions Act or the old Act (as the case requires).
(2) Despite the repeal of the old Transitional Provisions Act and the old Act:
(a) the System Governor may after the transition time make the determination under the relevant provision of the old Transitional Provisions Act or the old Act (as the case requires); and
(b) the old Transitional Provisions Act or the old Act (as the case requires) continues to apply after the transition time for the purposes of working out:
(i) the individual’s total assessable income before the transition time; and
(ii) the individual’s means tested amount before the transition time;
including, for example, the power of the Secretary to request information under subsection 44‑24(8) the old Transitional Provisions Act or subsection 44‑24(8) of the old Act (as the case requires).
(3) Division 1 of Part 7 of Schedule 2 to the CTP Act applies in relation to a decision made under subsection (2) of this section in a corresponding way to the way that Division applies to an equivalent decision made before the transition time.
Variation to give effect to decision on review
(4) Without limiting item 58A of Schedule 2 to the CTP Act, the System Governor may, on the System Governor’s own initiative, vary or revoke any determination made under subsection (2) of this section to give effect to a decision under:
(a) Part 6.1 (reconsideration and review of decisions) of the old Transitional Provisions Act; or
(b) Part 6.1 (reconsideration and review of decisions) of the old Act.
(5) If determination is varied or revoked under subsection (4), the variation or revocation takes effect on the day specified by the System Governor, which may be a day before the day the variation or revocation is made.
Division 12—Means testing in approved residential care home
Subdivision A—Pre‑2014 classes
136 Determination of an individual’s total assessable income—pre‑2014 residential contribution class
(1) This section applies to an individual if:
(a) the individual is in the pre‑2014 residential contribution class; and
(b) immediately before the transition time, there is in force a determination (the old determination) under subsection 44‑24(1) or paragraph 44‑24(2)(b), (3)(b), (3A)(b) or (4)(b) of the old Transitional Provisions Act for the purposes of working out the individual’s total assessable income under that Act.
(2) At the transition time, the System Governor is taken:
(a) to have made a determination (the new determination) under subsection 322(1) of the new Act that the individual’s total assessable income at the transition time is an amount equal to the amount of the individual’s total assessable income worked out, immediately before the transition time, under section 44‑24 of the old Transitional Provisions Act as in force at that time; and
(b) to have made a determination (the new determination) under the equivalent provision of section 323 of the new Act of an amount equal to the amount determined in the old determination.
(3) The new determinations are taken to have effect from the transition time.
(4) The following provisions of the new Act do not apply in relation to the new determinations:
(a) subsection 322(8) (notice of determination);
(b) section 557 (reviewable decisions).
137 Determination of value of individual’s assets—pre‑2014 accommodation class
(1) This section applies to an individual if:
(a) the individual is in the pre‑2014 accommodation class; and
(b) immediately before the transition time, there is in force a determination (the old asset determination) under subsection 44‑8AB(1) of the old Transitional Provisions Act of the individual’s assets.
(2) At the transition time, the System Governor is taken:
(a) to have made a determination (the new determination) under subsection 329(1) of the new Act that the value of individual’s assets at the transition time is equal to the value in the old asset determination; and
(b) if immediately before the transition time, there is in force a determination (the old determination) under paragraph 44‑10(1A)(a), (1A)(b), (1B)(a) or (1B)(b) or subsection 44‑10(1C) of the old Transitional Provisions Act of an amount in relation to the individual—to have made a determination (the new determination) under the equivalent provision of section 330 of the new Act of an amount equal to the amount determined in the old determination.
(3) The new determinations are taken to have effect from the transition time.
(4) The following provisions of the new Act do not apply in relation to the new determinations:
(a) subsection 329(8) (notice of determination);
(b) section 557 (reviewable decisions).
(5) Sections 336 and 337 of the new Act (notification of change in circumstances) do not apply in relation to the individual to the extent that the event or change in the individual’s circumstances is due to the operation of this section.
138 Electing to have means not disclosed status—pre‑2014 residential contribution class
(1) This section applies to an individual if:
(a) the individual is in the pre‑2014 residential contribution class; and
(b) immediately before the transition time, there is in force an election under subsection 44‑23(2) of the old Transitional Provisions Act by the individual not to give any information for the purpose of determining the individual’s total assessable income under section 44‑24 of the old Transitional Provisions Act.
(2) At the transition time, the individual is taken to have made an election under subsection 321(1) of the new Act not to give any information to the System Governor for the purposes of determining the individual’s daily means tested amount.
(3) Despite subsection 321(3) of the new Act, the individual’s means not disclosed status takes effect from the transition time.
Subdivision B—Post‑2014 classes
139 Determination of an individual’s total assessable income—post‑2014 residential contribution class
(1) This section applies to an individual if:
(a) the individual is in the post‑2014 residential contribution class; and
(b) immediately before the transition time, there is in force a determination (the old determination) under subsection 44‑24(1) or paragraph 44‑24(2)(b), (3)(b), (3A)(b) or (4)(b) of the old Act for the purposes of working out the individual’s total assessable income under that Act.
(2) At the transition time, the System Governor is taken:
(a) to have made a determination (the new determination) under subsection 322(1) of the new Act that the individual’s total assessable income at that time is an amount equal to the amount of the individual’s total assessable income worked out immediately before the transition time, under section 44‑24 of the old Act as in force at that time; and
(b) to have made a determination (the new determination) under the equivalent provision of section 323 of an amount equal to the amount determined in the old determination.
(3) The new determinations are taken to have effect from the transition time.
(4) The following provisions of the new Act do not apply in relation to the new determinations:
(a) subsection 322(8) (notice of determination);
(b) section 557 (reviewable decisions).
140 Determination of value of individual’s assets—post‑2014 residential accommodation class
(1) This section applies to an individual if:
(a) the individual is in the post‑2014 residential accommodation class; and
(b) immediately before the transition time, there is in force a determination (the old asset determination) under subsection 44‑26C(1) of the old Act of the value of the individual’s assets.
(2) At the transition time, the System Governor is taken:
(a) to have made a determination (the new determination) under subsection 329(1) of the new Act that the value of individual’s assets at the transition time is equal to the value in the old asset determination; and
(b) if immediately before the transition time, there is in force a determination (the old determination) under paragraph 44‑26A(2)(a), (2)(b), (3)(a) or (3)(b) or subsection 44‑26A(4) of the old Act of an amount in relation to the individual—to have made a determination (the new determination) under the equivalent provision of section 330 of the new Act of an amount equal to the amount determined in the old determination.
(3) The new determinations are taken to have effect from the transition time.
(4) The following provisions of the new Act do not apply in relation to the new determinations:
(a) subsection 329(8) (notice of determination);
(b) section 557 (reviewable decisions).
141 Individual entered care 12 months or more before transition time—post‑2014 classes
(1) This section applies to an individual if:
(a) the individual is in the post‑2014 residential accommodation class or the post‑2014 residential contribution class; and
(b) the individual first entered residential care (other than as a recipient of respite care) 12 months or more before the transition time; and
(c) immediately before the transition time, the individual does not have in force any of the following:
(i) a determination under subsection 44‑24(1) or paragraph 44‑24(2)(b), (3)(b), (3A)(b) or (4)(b) of the old Act for the purposes of working out the individual’s total assessable income;
(ii) a determination under section 44‑26C of the old Act of the individual’s assets; and
(d) immediately before the transition time, the Secretary is not considering whether to make any of the determinations referred in paragraph (c) of this subsection.
(2) At the transition time, the System Governor is taken to have made a determination (the new determination) under paragraph 320(1)(a) of the new Act that the individual has means not disclosed status.
(3) The new determination takes effect at the transition time.
(4) The following provisions of the new Act do not apply in relation to the new determination:
(a) subsection 320(5) (notice of determination);
(b) section 557 (reviewable decisions).
142 Individual entered care less than 12 months before transition time—post‑2014 classes
(1) This section applies to an individual if:
(a) the individual is in the post‑2014 residential accommodation class or the post‑2014 residential contribution class; and
(b) the individual first entered residential care (other than as a recipient of respite care) less than 12 months before the transition time; and
(c) immediately before the transition time, the individual does not have in force any of the following:
(i) a determination under subsection 44‑24(1) or paragraph 44‑24(2)(b), (3)(b), (3A)(b) or (4)(b) of the old Act for the purposes of working out the individual’s total assessable income;
(ii) a determination under section 44‑26C of the old Act of the value of the individual’s assets; and
(d) immediately before the transition time, the Secretary is not considering whether to make any of the determinations referred in paragraph (c) of this subsection.
(2) Despite the repeal of the old Act:
(a) the individual may, at any time during the 6 month period beginning at the transition time, request that the System Governor make any determination referred to in paragraph (1)(c) of this section that the Secretary could have made in relation to the individual if the old Act had not been repealed; and
(b) if so requested, the System Governor may, at any time during the 12 month period beginning at the transition time, make any determination referred to in paragraph (1)(c) of this section that the Secretary could have made in relation to the individual if the old Act had not been repealed; and
(c) the old Act continues to apply for the purposes of working out the individual’s total assessable income and the value of individual’s assets including, for example:
(i) the power of the Secretary to request information under subsection 44‑24(8) of the old Act; and
(ii) the power to make a determination for the purposes of making a determination referred to in paragraph (1)(c) of this section.
(3) If, under paragraph (2)(b), the System Governor makes a determination (the relevant income determination) referred to in subparagraph (1)(c)(i), then section 139 applies to the relevant income determination as if a reference in subsection 139(1) to an old determination were a reference to the relevant income determination.
(4) If, under paragraph (2)(b), the System Governor makes a determination (the relevant asset determination) referred to in subparagraph (1)(c)(ii), then section 140 applies to the relevant asset determination as if a reference in subsection 140(1) to an old asset determination were a reference to the relevant asset determination.
(5) Division 1 of Part 7 of Schedule 2 to the CTP Act applies in relation to a decision made under subsection (2) of this section in a corresponding way to the way that Division applies to an equivalent decision made before the transition time.
Variation to give effect to decision on review
(6) Without limiting item 58A of Schedule 2 to the CTP Act, the System Governor may, on the System Governor’s own initiative, vary or revoke any determination made under subsection (2) of this section to give effect to a decision under Part 6.1 (reconsideration and review of decisions) of the old Act.
(7) If a determination is varied or revoked under subsection (6), the variation or revocation takes effect on the day specified by the System Governor, which may be a day before the day the variation or revocation is made.
Subdivision C—Inflight determinations
143 Determination of an individual’s total assessable income—not decided at transition time
(1) This section applies to an individual if:
(a) the individual entered residential care (other than as a recipient of respite care) before the transition time; and
(b) immediately before the transition time, the Secretary is considering whether to make a determination (the inflight determination) under:
(i) subsection 44‑24(1) or paragraph 44‑24(2)(b), (3)(b), (3A)(b) or (4)(b) of the old Transitional Provisions Act; or
(ii) subsection 44‑24(1) or paragraph 44‑24(2)(b), (3)(b), (3A)(b) or (4)(b) of the old Act;
for the purposes of working out the individual’s total assessable income under the old Transitional Provisions Act or the old Act (as the case requires).
(2) Despite the repeal of the old Transitional Provisions Act and the old Act:
(a) the System Governor may after the transition time make the inflight determination under the relevant provision of the old Transitional Provisions Act or the old Act (as the case requires); and
(b) the old Transitional Provisions Act or the old Act (as the case requires) continues to apply for the purposes of working out:
(i) the individual’s total assessable income; and
(ii) the individual’s means tested amount;
including, for example, the power of the Secretary to request information under subsection 44‑24(8) the old Transitional Provisions Act or subsection 44‑24(8) of the old Act (as the case requires).
(3) If, under paragraph (2)(a), the System Governor makes an inflight determination referred to in subparagraph (1)(b)(i), then section 136 applies to the inflight determination as if a reference in subsection 136(1) to an old determination were a reference to the inflight determination.
(4) If, under paragraph (2)(a), the System Governor makes an inflight determination referred to in subparagraph (1)(b)(ii), then section 139 applies to the inflight determination as if a reference in subsection 139(1) to an old determination were a reference to the inflight determination.
(5) Division 1 of Part 7 of Schedule 2 to the CTP Act applies in relation to a decision made under subsection (2) of this section in a corresponding way to the way that Division applies to an equivalent decision made before the transition time.
Variation to give effect to decision on review
(6) Without limiting item 58A of Schedule 2 to the CTP Act, the System Governor may, on the System Governor’s own initiative, vary or revoke any determination made under subsection (2) of this section to give effect to a decision under:
(a) Part 6.1 (reconsideration and review of decisions) of the old Transitional Provisions Act; or
(b) Part 6.1 (reconsideration and review of decisions) of the old Act.
(7) If determination is varied or revoked under subsection (6), the variation or revocation takes effect on the day specified by the System Governor, which may be a day before the day the variation or revocation is made.
144 Determination of value of individual’s assets—not decided at transition time
(1) This section applies to an individual if:
(a) the individual entered residential care (other than as a recipient of respite care) before the transition time; and
(b) immediately before the transition time, the Secretary is considering whether to make a determination (the inflight determination) under:
(i) subsection 44‑8AB(1) of the old Transitional Provisions Act of the value of the individual’s assets; or
(ii) section 44‑26C of the old Act of the value of the individual’s assets.
(2) Despite the repeal of the old Transitional Provisions Act and the old Act:
(a) the System Governor may after the transition time make the inflight determination under the relevant provision of the old Transitional Provisions Act or the old Act (as the case requires); and
(b) the old Transitional Provisions Act or the old Act (as the case requires) continues to apply for the purposes of working out:
(i) the value of the individual’s assets; and
(ii) the individual’s means tested amount;
including, for example, the power to make a determination for the purposes of making a determination referred to in paragraph (1)(b) of this section.
(3) If, under paragraph (2)(a), the System Governor makes an inflight determination referred to in subparagraph (1)(b)(i), then section 137 applies to the inflight determination as if a reference in subsection 137(1) to an old asset determination were a reference to the inflight determination.
(4) If, under paragraph (2)(a), the System Governor makes an inflight determination referred to in subparagraph (1)(b)(ii), then section 140 applies to the inflight determination as if a reference in subsection 140(1) to an old asset determination were a reference to the inflight determination.
(5) Division 1 of Part 7 of Schedule 2 to the CTP Act applies in relation to a decision made under subsection (2) of this section in a corresponding way to the way that Division applies to an equivalent decision made before the transition time.
Variation to give effect to decision on review
(6) Without limiting item 58A of Schedule 2 to the CTP Act, the System Governor may, on the System Governor’s own initiative, vary or revoke any determination made under subsection (2) of this section to give effect to a decision under:
(a) Part 6.1 (reconsideration and review of decisions) of the old Transitional Provisions Act; or
(b) Part 6.1 (reconsideration and review of decisions) of the old Act.
(7) If a determination is varied or revoked under subsection (6), the variation or revocation takes effect on the day specified by the System Governor, which may be a day before the day the variation or revocation is made.
Division 13—Extra service fees and additional service fees
Subdivision A—Extra service fees and additional service fees
145 Extra service fees
(1) This section is made for the purposes of section 285A of the new Act.
(2) This section applies in relation to a registered provider and an individual if:
(a) the registered provider is delivering funded aged care services to the individual in an approved residential care home; and
(b) immediately before the transition time, under the old Act, an extra service agreement was in force between the individual and the provider that was entered into in accordance with section 36‑2 of the old Act and that met the requirements of section 36‑3 of the old Act.
(3) The registered provider may charge the individual an extra service fee in accordance with this section.
(4) The extra service fee may be charged only for days in the period of 12 months beginning at the transition time.
(5) The amount of the extra service fee may be no more than the amount of the extra service fee under the old Act immediately before the transition time, subject to subsection (6).
(6) If the extra service agreement provided for the indexation or increase of the amount of the extra service fee, the amount of the extra service fee may be indexed or increased as provided for by the agreement.
146 Additional service fees
(1) This section is made for the purposes of section 285A of the new Act.
(2) This section applies in relation to a registered provider and an individual if:
(a) the registered provider is delivering funded aged care services to the individual in an approved residential care home; and
(b) immediately before the transition time, under the old Act:
(i) the registered provider was an approved provider in respect of residential care; and
(ii) the individual was approved as a recipient of residential care; and
(iii) the provider was providing residential care to the individual through a residential care service; and
(iv) an agreement for charging an amount for other care or services (as mentioned in paragraph 56‑1(e) of the old Act) was in effect between the provider and the individual.
(3) The registered provider may charge the individual an additional service fee in accordance with this section.
(4) The additional service fee may be charged only for days in the period of 12 months beginning at the transition time.
(5) The amount of the additional service fee may be no more than the amount agreed as mentioned in subparagraph (2)(b)(iv) immediately before the transition time, subject to subsection (6).
(6) If the agreement mentioned in subparagraph (2)(b)(iv) provided for the indexation or increase of the amount of the additional service fee, the amount of the additional service fee may be indexed or increased as provided for by the agreement.
Subdivision B—Modified operation of new rules—Commonwealth contributions
147 Accommodation supplement—circumstances for applicability and amount
Subsection 230‑10(1) of the new rules applies as if the following were added at the end of that subsection:
‘; and (d) the individual is not charged, for the day, an extra service fee under section 145 of the Aged Care (Consequential and Transitional Provisions) Rules 2025 for or in connection with the services.’
148 Meaning of low means resident percentage for an approved residential care home for a payment period—counted days
Section 230‑13 of the new rules applies as if the definition of counted day in the formula in that section were omitted and substituted with the following:
‘counted day: a day is a counted day in respect of an individual in an approved residential care home if:
(a) an ongoing funded aged care service is delivered to the individual through the service group residential care in the home on the day; and
(b) the individual is not charged, for the day, an extra service fee under section 145 of the Aged Care (Consequential and Transitional Provisions) Rules 2025 for or in connection with the service.’
149 Residential care fee reduction supplement determinations—essential expenses
Subsection 231‑17(3) of the new rules applies as if paragraph (a) of that subsection were omitted and substituted with the following:
‘(a) unreduced daily amounts of the resident contribution, and other fees and contributions payable by the individual under Division 2 of Part 3 of Chapter 4 of the Act, other than the following:
(i) extra service fees under section 145 of the Aged Care (Consequential and Transitional Provisions) Rules 2025;
(ii) additional service fees under section 146 of the Aged Care (Consequential and Transitional Provisions) Rules 2025;
(iii) the higher everyday living fee under section 284 of the Act;’
Subdivision C—Modified operation of new rules—individual fees and contributions
150 Fees and contributions payable in an approved residential care home—resident contribution
Division 2 of Part 2 of Chapter 8 of the new rules applies as if the following were inserted after Subdivision A:
‘Subdivision B—Resident contribution
276‑5 Resident contribution—amounts for working out maximum
For the purposes of paragraph 276(2)(b) of the Act, the other amounts are the following:
(a) the amount of any extra service fee charged under section 145 of the Aged Care (Consequential and Transitional Provisions) Rules 2025;
(b) the amount of any additional service fee charged under section 146 of the Aged Care (Consequential and Transitional Provisions) Rules 2025.’
151 Fees and contributions payable in an approved residential care home—resident respite fee
Subdivision E of Division 2 of Part 2 of Chapter 8 of the new rules applies as if the following were inserted before section 283‑15:
‘283‑10 Resident respite fee—amounts for working out maximum
For the purposes of paragraph 283(2)(b) of the Act, the other amounts are the following:
(a) the amount of any extra service fee charged under section 145 of the Aged Care (Consequential and Transitional Provisions) Rules 2025;
(b) the amount of any additional service fee charged under section 146 of the Aged Care (Consequential and Transitional Provisions) Rules 2025.’
152 Circumstances in which higher everyday living fee not to be charged to individuals—all higher everyday living agreements
Section 284‑20 of the new rules applies as if the following were added at the end of that section:
‘; (d) the provider charges the individual an extra service fee under section 145 of the Aged Care (Consequential and Transitional Provisions) Rules 2025 for or in connection with the service;
(e) the provider charges the individual an additional service fee under section 146 of the Aged Care (Consequential and Transitional Provisions) Rules 2025 for or in connection with the service.’
Part 6—Matters for Chapter 5 of the new Act
Division 1—Identity cards for approved needs assessors
153 Modified operation of new Act and new rules for first 8 months
(1) This section applies until the end of 30 June 2026.
Modified operation of new Act
(2) Subsection 343A(1) of the new Act applies as if the following were added at the end of that subsection:
‘if the approved needs assessor is to perform functions or exercise powers under this Act in an approved residential care home’.
Modified operation of new rules
(3) Subsection 343A‑10(2) of the new rules applies as if the following were inserted after “approved needs assessor” in that subsection:
‘in an approved residential care home’.
Division 2—Complaints made under the Commission Rules
154 Deemed complaints—issues not dealt with
(1) This section applies if, before the transition time:
(a) a person had made a complaint to the Commissioner under subsection 11(1) of the Commission Rules; and
(b) the Commissioner had not, under subsection 13(1) of the Commission Rules, made any decision, or taken any action, in relation to an issue raised in the complaint.
(2) At the transition time, the person is taken to have made a complaint about the issue to the Complaints Commissioner under subsection 361‑10(1) of the new rules.
155 Deemed complaints and decisions, and dealing with deemed complaints—issues being dealt with
(1) This section applies if:
(a) before the transition time, a person had made a complaint to the Commissioner under subsection 11(1) of the Commission Rules; and
(b) as at immediately before the transition time, either of the following applied in relation to an issue raised in the complaint:
(i) the Commissioner was taking appropriate action to resolve the issue to the satisfaction of the complainant under paragraph 13(1)(b) of the Commission Rules;
(ii) the Commissioner had decided to undertake, or was undertaking, a resolution process in relation to the issue under paragraph 13(1)(c) of the Commission Rules.
(2) At the transition time:
(a) the person is taken to have made a complaint about the issue to the Complaints Commissioner under subsection 361‑10(1) of the new rules; and
(b) the Complaints Commissioner is taken to have decided to undertake a resolution process in relation to the complaint under paragraph 361‑42(b) of the new rules.
(3) In undertaking the resolution process in relation to the complaint under the new rules, the Complaints Commissioner must take into account any actions taken, or decisions made, by the Commissioner under the Commission Rules in relation to the issue that is the subject of the complaint.
156 Requesting reconsideration of decisions made before transition time
(1) This section applies if, before the transition time:
(a) a complaints reviewable decision was made under the Commission Rules; and
(b) no request had been made under section 99 of the Commission Rules in relation to the decision; and
(c) the period for making that request had not ended.
(2) An interested person for the decision may, before the end of the period referred to in paragraph (1)(c) of this section, make a request in relation to the decision under section 361‑55 of the new rules as if the decision was made under the new rules.
(3) If such a request is made, the Complaints Commissioner must, in dealing with the request under the new rules, take into account any actions taken, or decisions made, by the Commissioner under the Commission Rules in relation to the complaints reviewable decision.
157 Reconsideration decisions not made as at the transition time
(1) This section applies if, before the transition time:
(a) a person had made a request under section 99 of the Commission Rules in relation to a complaints reviewable decision; and
(b) a reconsideration decision within the meaning of the Commission Rules had not been made in relation to the complaints reviewable decision.
(2) Despite the repeal of the old law and subject to this section, the Commission Rules continue to apply in relation to the complaints reviewable decision as if the repeal had not happened.
158 New resolution processes to be undertaken, or continued, under new rules
(1) This section applies if:
(a) a reconsideration decision to undertake a new resolution process in relation to a complaints reviewable decision is made in accordance with the Commission Rules after the transition time in accordance with subsection 157(2) of this instrument; or
(b) a new resolution process in relation to a complaints reviewable decision is being undertaken in accordance with the Commission Rules as at the transition time.
(2) The new resolution process must be undertaken or continued (as the case may be) in accordance with the new rules as if the complaints reviewable decision were a decision referred to in section 361‑55 of the new rules.
(3) The Complaints Commissioner must, in undertaking or continuing a new resolution process in accordance with subsection (2) of this section in relation to a complaints reviewable decision, take into account any actions taken, or decisions made, by the Commissioner under the Commission Rules in relation to the complaints reviewable decision.
159 Modified operation of new Act and new rules
Modified operation of new Act
(1) Part 5 of Chapter 7 of the new Act does not apply in relation to a complaint deemed to have been made under this Division.
Modified operation of new rules
(2) The following do not apply in relation to a complaint deemed to have been made under this Division:
(a) section 361‑25 of the new rules;
(b) paragraph 361‑35(1)(b) of the new rules;
(c) subsections 361‑40(1) to (3) of the new rules.
Division 3—Complaints about responsibilities under the old law
160 Modified operation of new Act and new rules
Modified operation of new Act
(1) Section 358 of the new Act applies as if the following were inserted after paragraph (a) of that section:
‘(aa) maintaining independent, transparent, accountable, accessible, safe and culturally safe processes for:
(i) making complaints about the responsibilities of an approved provider under the old Act or the old Principles; and
(ii) making complaints about the responsibilities of a service provider of a Commonwealth‑funded aged care service under the funding agreement that related to the service;’
Modified operation of new rules
(2) Subsection 361‑10(1) of the new rules applies as if the following were added at the end of that subsection:
‘; or (c) the responsibilities of an approved provider under the old Act or the old Principles; or
(d) the responsibilities of a service provider of a Commonwealth‑funded aged care service under the funding agreement that related to the service.’
161 System Governor may conduct assurance activities in relation to information provided under the old law
Subsection 508(1) of the new Act applies as if it also permitted the System Governor to conduct assurance activities relating to information provided, at any time during the period of 18 months ending at the transition time, to the Secretary or the Quality and Safety Commissioner under the old law by an approved provider who is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be a registered provider.
Division 2—Recoverable amounts
162 Deemed recoverable amounts and debtors
(1) This section applies if, immediately before the transition time, a registered provider was:
(a) a person who was liable, under the old Act, to pay a recoverable amount; or
(b) a person who was a transferee within the meaning of section 95‑4 of the old Act.
(2) At the transition time:
(a) the amount is taken to be a recoverable amount under section 514 of the new Act; and
(b) the registered provider is taken to be a debtor under section 514 of the new Act in relation to the recoverable amount.
Note: Division 2 of Part 13 of Chapter 6 of the new Act deals with the recovery of recoverable amounts.
163 Continued application of section 95‑5 of old Act
Despite the repeal of the old Act, section 95‑5 of the old Act continues to apply in relation to a person and a recoverable amount, on and after the transition time, as if that repeal had not happened.
Part 8—Matters for Chapter 7 of the new Act
Division 1—Information management—secrecy of information
164 Authorisations of System Governor to use or disclose information for grants etc.—disclosure for star ratings
(1) Section 541 of the new Act applies, after the transition time, in relation to a registered provider that, immediately before the transition time, was an approved provider, as if:
(a) a reference in that section to information about the quality of funded aged care services delivered by the registered provider in approved residential care homes includes a reference to information (whether obtained or generated before or after the transition time) about the quality of residential care provided under the old Act by the approved provider through residential care services; and
(b) a reference in that section to information about action taken under the new Act in relation to the delivery of funded aged care services by the registered provider in approved residential care homes includes a reference to information (whether obtained or generated before or after the transition time) about action taken under the Commission Act in relation the provision of residential care under the old Act by the approved provider through residential care services; and
(c) a reference in that section to compliance with the new Act in relation to the delivery of funded aged care services by the registered provider in approved residential care homes includes a reference to compliance with the Commission Act in relation to the provision of residential care under the old Act by the approved provider through residential care services.
(2) Subsection 541(5) of the new Act applies, in relation to information published under subsection 541(2) of the new Act relating to the provision of residential care under the old Act by the approved provider through residential care services, as if the reference to personal information about an individual accessing, or seeking access, to funded aged care services was instead a reference to personal information about an individual.
Part 9—Matters for Chapter 8 of the new Act
Division 1—Delegation provisions
165 Delegations by Secretary under old law
Despite the repeal of the old Act and the old Transitional Provisions Act, a delegation by the Secretary under:
(a) section 96‑2 (delegation of Secretary’s powers and functions) of the old Act; or
(b) section 96‑2 (delegation of Secretary’s powers and functions) of the old Transitional Provisions Act;
that was in effect immediately before the transition time continues in effect, after the transition time, for the purposes of a decision made after the transition time under the old law in accordance with the CTP Act or this instrument, as if the repeal had not happened.
Part 10—Matters for multiple chapters of the new Act
Division 1—Refundable deposits
Subdivision A—Accommodation agreements entered into under the old Act before the transition time
166 Application of this Subdivision
This Subdivision applies to an individual in the post‑2014 residential accommodation class if, immediately before the transition time, an accommodation agreement (within the meaning of the old Act) was in effect for the individual with an approved provider that is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be a registered provider at the transition time.
167 General rules
(1) For the purposes of applying the new law to the individual:
(a) the accommodation agreement continues in effect (and may be dealt with) on and after that time as if it were an accommodation agreement entered into with the registered provider under Division 3 of Part 4 of Chapter 4 of the new Act; and
(b) residential care (within the meaning of the old Act) that was provided to the individual by the approved provider through a residential care service (within the meaning of the old Act) in accordance with the agreement before the transition time is taken on and after that time to have been the delivery of ongoing funded aged care services to the individual in the approved residential care home of the registered provider that the System Governor, in accordance with subitem 5(7) of Schedule 2 to the CTP Act, deems the service to be or be part of; and
(c) the individual’s day of entry (within the meaning of the old Act) for the residential care service is taken to be the individual’s start day for the approved residential care home.
(2) A reference in the new law to a refundable accommodation contribution includes a reference to a refundable accommodation contribution within the meaning of the old Act paid under the agreement before the transition time.
(3) A reference in the new law to a refundable accommodation deposit includes a reference to a refundable accommodation deposit within the meaning of the old Act paid under the agreement before the transition time.
(4) Subsection (2) or (3) does not apply if, at the transition time, the refundable deposit balance, in relation to the refundable accommodation contribution or refundable accommodation deposit, is nil.
168 Specific rules
(1) This section applies in relation to a refundable deposit to which subsection 167(2) or (3) applies.
Definition of refundable deposit balance
(2) The definition of refundable deposit balance in section 7 of the new Act applies, in relation to the refundable deposit, as if the reference in paragraph (b) of the definition to any amounts that have been deducted from the refundable deposit balance under the new Act included a reference to any amounts that were deducted from the refundable deposit balance within the meaning of the old Act in relation to the refundable deposit under the old Act before the transition time.
Offences relating to non‑permitted use of refundable deposits
(3) Subsection 178(1) of the new Act applies to a use of the refundable deposit:
(a) that occurred during the period of 5 years ending immediately before the transition time; and
(b) to which paragraph 52N‑2(1)(c) of the old Act applied.
(4) Subsection 178(2) of the new Act applies in relation to a use of the refundable deposit:
(a) that occurred during the period of 5 years ending immediately before the transition time, or later; and
(b) to which paragraph 52N‑2(2)(c) of the old Act applied.
Registered provider may retain income derived
(5) For the purposes of section 306 of the new Act, it does not matter whether income derived from the refundable deposit was derived before, at or after the transition time.
Amounts to be deducted from refundable deposit balances—general
(6) Subsections 307(2) and (3) of the new Act apply in relation to the refundable deposit balance, in relation to the refundable deposit, as follows:
(a) for the purposes of subsections 307(2) and (3), it does not matter whether a daily payment that is payable by the individual, or an amount that is deductable, under the agreement at or after the transition time became payable, or deductable, before, at or after the transition time;
(b) a request made under paragraph 52J‑7(1)(a) of the old Act in relation to a daily payment that is payable under the agreement is taken to have been made under paragraph 307(2)(a) of the new Act;
(c) an agreement made under paragraph 52J‑7(2)(b) of the old Act in relation to an amount is taken to have been made under paragraph 307(3)(b) of the new Act;
(d) subsection 307(2) or (3) of the new Act does not require a daily payment or an amount to be deducted from the refundable deposit balance if the daily payment or the amount was deducted before the transition time.
Subdivision B—Period for entry into accommodation agreements under the old Act
169 Period for entry into accommodation agreement under the old Act
(1) This section applies to an individual in the post‑2014 residential accommodation class or the post‑2014 flexible accommodation class if:
(a) at any time in the period of 28 days that ended immediately before the transition time, the individual:
(i) entered a residential care service other than as a recipient of respite care (within the meaning of the old Act); or
(ii) entered an eligible flexible care service (within the meaning of the old Act); and
(b) immediately before the transition time, the individual had not entered into an accommodation agreement (within the meaning of the old Act).
(2) Despite the repeal of the old law, Division 52F of the old Act continues to apply to the individual and the approved provider of the service.
Division 2—Accommodation bonds
170 Accommodation bonds
(1) This section applies to an individual in the pre‑2014 accommodation class if, immediately before the transition time, an accommodation bond agreement (within the meaning of the old Transitional Provisions Act) was in effect for the individual with an approved provider that is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be a registered provider at the transition time.
(2) For the purposes of applying section 287 of the new Act and Part 2 of Chapter 9 of the new rules to the individual:
(a) the accommodation bond agreement continues in effect (and may be dealt with) on and after that time as if it were an accommodation bond agreement entered into with the registered provider under Division 2 of that Part; and
(b) residential care (within the meaning of the old Act) that was provided to the individual by the approved provider through a residential care service (within the meaning of the old Act) in accordance with the agreement before the transition time is taken on and after that time to have been the delivery of ongoing funded aged care services to the individual in the approved residential care home of the registered provider that the System Governor, in accordance with subitem 5(7) of Schedule 2 to the CTP Act, deems the service to be or be part of; and
(c) the individual’s day of entry (within the meaning of the old Act) for the residential care service is taken to be the individual’s start day for the approved residential care home; and
(d) an election made by the individual under section 57‑17 of the old Transitional Provisions Act is taken to have been made in accordance with section 287‑70 of the new rules; and
(e) an amount of interest that, before the transition time, was paid or payable to the approved provider in accordance with section 74 of the old Transitional Provisions Principles is taken to have been paid, or to be payable, to the registered provider in accordance with section 287‑80 of the new rules; and
(f) income retained by the approved provider in accordance with subsection 57‑18(1) of the old Transitional Provisions Act before the transition time is taken to have been retained, or to be permitted to be retained, in accordance with subsection 287‑85(1) of the new rules; and
(g) an amount that, before the transition time, was paid or payable to the approved provider in accordance with subsection 57‑18(2) or (3) of the old Transitional Provisions Act or section 91 or 92 of the old Transitional Provisions Principles is taken to have been paid, or to be payable, to the registered provider in accordance with subsections 287‑85(2) to (6) of the new rules; and
(h) an amount:
(i) deducted before the transition time from the accommodation bond balance for the individual’s accommodation bond in accordance with section 57‑19 of the old Transitional Provisions Act or section 95 of the old Transitional Provisions Principles; or
(ii) permitted to be deducted from that balance before that time in accordance with that section but that had not yet been deducted as at that time;
is taken to have been deducted, or to be permitted to be deducted, from the accommodation bond balance for the individual’s accommodation bond in accordance with section 287‑90 of the new rules; and
(i) an amount deducted before the transition time from the accommodation bond balance for the individual’s accommodation bond in accordance with section 57‑20 of the old Transitional Provisions Act or section 97 or 98 of the old Transitional Provisions Principles is taken to have been deducted, or to be permitted to be deducted, from the accommodation bond balance for the individual’s accommodation bond in accordance with sections 287‑95 and 287‑100 of the new rules; and
(j) an accommodation bond (within the meaning of the old Act) used by the approved provider in accordance with section 52N‑1 of the old Act or section 62, 63 or 64 of the Fees and Payments Principles before the transition time is taken to have been used, or to be permitted to be used, by the registered provider in accordance with section 287‑101 of the new rules.
(3) Subsection (2) is not intended to change the time at which any thing referred to in that subsection was done or happened.
171 Period for entry into accommodation bond agreement
(1) If:
(a) an individual entered a residential care service or flexible care service (both within the meaning of the old Act) at any time in the period of 21 days that ended immediately before the transition time; and
(b) immediately before the transition time, the individual was eligible under the old Act to enter into an accommodation bond agreement (within the meaning of the old Transitional Provisions Act); and
(c) immediately before the transition time, the individual had not entered into such an accommodation bond agreement;
then section 287‑20 of the new rules applies in relation to the individual as though a reference in that section to the individual’s start day for the home were a reference to the day the individual entered the residential care service or flexible service (subject to subsection (2)).
(2) If, under subsection 57‑2(2) of the old Transitional Provisions Act, the time limit in paragraph 57‑2(1)(e) of that Act was extended, before the transition time, by a number (the relevant number) of days, then section 287‑20 of the new rules applies in relation to the individual as though:
(a) a reference in that section to the individual’s start day for the home were a reference to the day the individual entered the residential care service or flexible service; and
(b) a reference in that section to 21 were a reference to the number that is 21 plus the relevant number.
172 Offences relating to non‑permitted use of accommodation bonds
(1) Subsection 178A(1) of the new Act applies to a use of the accommodation bond:
(a) that occurred during the period of 5 years ending immediately before the transition time; and
(b) to which paragraph 52N‑2(1)(c) of the old Act applied.
(2) Subsection 178A(2) of the new Act applies in relation to a use of the accommodation bond:
(a) that occurred during the period of 5 years ending immediately before the transition time, or later; and
(b) to which paragraph 52N‑2(2)(c) of the old Act applied.
Division 3—Accommodation charges
173 Accommodation charges
(1) This section applies to an individual in the pre‑2014 accommodation class if, immediately before the transition time, an accommodation charge agreement (within the meaning of the old Transitional Provisions Act) was in effect for the individual with an approved provider that is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be a registered provider at the transition time.
(2) For the purposes of applying section 287 of the new Act and Part 2 of Chapter 9 of the new rules to the individual:
(a) the accommodation charge agreement continues in effect (and may be dealt with) on and after that time as if it were an accommodation charge agreement entered into with the registered provider under Division 4 of that Part; and
(b) residential care (within the meaning of the old Act) that was provided to the individual by the approved provider through a residential care service (within the meaning of the old Act) in accordance with the agreement before the transition time is taken on and after that time to have been the delivery of ongoing funded aged care services to the individual in the approved residential care home of the registered provider that the System Governor, in accordance with subitem 5(7) of Schedule 2 to the CTP Act, deems the service to be or be part of; and
(c) the individual’s day of entry (within the meaning of the old Act) for the residential care service is taken to be the individual’s start day for the approved residential care home; and
(d) an amount of interest that, before the transition time, was paid or payable to the approved provider in accordance with section 57A‑12 of the old Transitional Provisions Act, as in force immediately before the transition time, is taken to have been paid, or to be payable, to the registered provider in accordance with section 287‑155 of the new rules.
(3) Subsection (2) is not intended to change the time at which any thing referred to in that subsection was done or happened.
174 Period for entry into accommodation charge agreement
(1) If:
(a) an individual entered a residential care service or flexible care service (both within the meaning of the old Act) at any time in the period of 21 days that ended immediately before the transition time; and
(b) immediately before the transition time, the individual was eligible under the old Act to enter into an accommodation charge agreement (within the meaning of the old Transitional Provisions Act); and
(c) immediately before the transition time, the individual had not entered into such an accommodation charge agreement;
then section 287‑110 of the new rules applies in relation to the individual as though a reference in that section to the individual’s start day for the home were a reference to the day the individual entered the residential care service or flexible service (subject to subsection (2)).
(2) If, under subsection 57A‑2(2) of the old Transitional Provisions Act, the time limit in paragraph 57A‑2(1)(e) of that Act was extended, before the transition time, by a number (the relevant number) of days, then section 287‑110 of the new rules applies in relation to the individual as though:
(a) a reference in that section to the individual’s start day for the home were a reference to the day the individual entered the residential care service or flexible service; and
(b) a reference in that section to 21 were a reference to the number that is 21 plus the relevant number.