65GAAEffect on investigation periods of commencement of the Aged Care Act 1997

#### 65GAA Effect on investigation periods of commencement of the Aged Care Act 1997 (1) If, apart from this section, an investigation period would end after the commencement of the Aged Care Act 1997 (other than Division 1 of that Act), the investigation period is taken, for the purposes of this Part, to end immediately before that commencement. (2) The Secretary must not order an investigation to be carried out in respect of an approved nursing home in respect of a period that begins on or after the commencement of the Aged Care Act 1997 (other than Division 1 of that Act). (3) If, on or after the day on which the Aged Care Act 1997 (other than Division 1 of that Act) commences, the Secretary under subsection 65C(1), orders an investigation to be carried out: (a) paragraph 65C(1)(c) applies in relation to such an investigation as if the reference to the 30 June last past were a reference to 30 June 1996; and (b) paragraph 65C(1)(d) applies in relation to such an investigation as if the reference to the 1 July last past were a reference to 1 July 1996. 61 At the end of section 105AAB Add: (9) Without prejudice to the effect of the repeal of section 39AC, 39BA, 39BB, 40AD, 44A, 45E or 45EA, or subsection 40AA(8), on a decision of the Minister, or a delegate of the Minister, of a kind referred to in subsection (1) of this section, that repeal does not affect: (a) a reconsideration of that decision under this section; or (b) any review by the Administrative Appeals Tribunal following an application under subsection (7) of this section. 62 Schedules 2 and 3 Repeal the Schedules. Schedule 2—Amendment of the Aged or Disabled Persons Care Act 1954 1 Subsection 2(1) (definition of approved) Omit “means approved, or deemed to be approved, under section 10B”, substitute “has the meaning given in subsection (1AA) of this section”. 2 Subsection 2(1) (definition of approved operator) Omit “is in force”, substitute “was, immediately before the commencement of the Aged Care Act 1997 (other than Division 1 of that Act), in force”. 3 Subsection 2(1) (definition of approved provider) Omit “is in force”, substitute “was, immediately before the commencement of the Aged Care Act 1997 (other than Division 1 of that Act), in force”. 4 Subsection 2(1) (definition of Charter) Repeal the definition. 5 Subsection 2(1) (at the end of the definition of General Conditions) Add “that were in force immediately before the commencement of the Aged Care Act 1997 (other than Division 1 of that Act)”. 6 Subsection 2(1) (definition of hostel care services) Omit “is in force”, substitute “was, immediately before the commencement of the Aged Care Act 1997 (other than Division 1 of that Act), in force”. 7 Subsection 2(1) (definition of personal care services) Omit “is in force”, substitute “was, immediately before the commencement of the Aged Care Act 1997 (other than Division 1 of that Act), in force”. 8 After subsection 2(1) Insert: (1AA) A reference in this Act to a hostel being approved is a reference to an approval having been in force, or having been deemed to be in force, under section 10B, in respect of the hostel, immediately before the commencement of the Aged Care Act 1997 (other than Division 1 of that Act). 9 Subsection 2(1A) Omit “from time to time”. 10 Subsection 2(1A) After “section 10FA”, insert “, being an agreement that was, immediately before the commencement of the Aged Care Act 1997 (other than Division 1 of that Act), in force,”. 11 Section 6 Repeal the section. 12 At the end of section 8 Add: (4) If: (a) immediately before the commencement day, a grant of financial assistance in respect of a nursing home was payable under section 7; and (b) on or after the commencement day, the residential care service that corresponds to the nursing home is granted extra service status under Division 32 of the Aged Care Act 1997; the financial assistance ceases to be payable. (5) If: (a) immediately before the commencement day, a grant of financial assistance in respect of a nursing home was payable under section 7; and (b) on or after the commencement day, a distinct part of the residential care service that corresponds to the nursing home is granted extra service status under Division 32 of the Aged Care Act 1997; and (c) when the distinct part was granted extra service status, some or all of the financial assistance (the remaining amount) had not been paid; the remaining amount is to be reduced in accordance with subsection (6). (6) The remaining amount is to be reduced by an amount worked out using the formula:  > Note: Example: Assume the amount of the grant is $500,000, and the remaining amount is $200,000. Assume the distinct part of the residential care service that is granted extra service status contains 20 places, and the total number of places in the service is 40. The remaining amount is to be reduced by:  (7) In this section: > commencement day means the day on which the Aged Care Act 1997 (other than Division 1 of that Act) commences. > distinct part has the same meaning as in the Aged Care Act 1997. > residential care service has the same meaning as in the Aged Care Act 1997. 13 Divisions 1 and 2 of Part III Repeal the Divisions. 14 At the end of section 9A Add: (6) If: (a) immediately before the commencement day, a grant of financial assistance in respect of a hostel was payable in accordance with an approval under subsection (1); and (b) on or after the commencement day, the residential care service that corresponds to the hostel is granted extra service status under Division 32 of the Aged Care Act 1997; the financial assistance ceases to be payable. (7) If: (a) immediately before the commencement day, a grant of financial assistance in respect of a hostel was payable in accordance with an approval under subsection (1); and (b) on or after the commencement day, a distinct part of the residential care service that corresponds to the hostel is granted extra service status under Division 32 of the Aged Care Act 1997; and (c) when the distinct part was granted extra service status, some or all of the financial assistance (the remaining amount) had not been paid; the remaining amount is to be reduced in accordance with subsection (8). (8) The remaining amount is to be reduced by an amount worked out using the formula:  > Note: Example: Assume the amount of the grant is $500,000, and the remaining amount is $200,000. Assume the distinct part of the residential care service that is granted extra service status contains 20 places, and the total number of places in the service is 40. The remaining amount is to be reduced by:  (9) In this section: > commencement day means the day on which the Aged Care Act 1997 (other than Division 1 of that Act) commences. > distinct part has the same meaning as in the Aged Care Act 1997. > residential care service has the same meaning as in the Aged Care Act 1997. 15 Sections 10A to 10B Repeal the sections. 16 Subsection 10C(1) Omit “Where the Minister, under section 10B, approves a hostel”, substitute “If an approved hostel was, immediately before the commencement of the Aged Care Act 1997 (other than Division 1 of that Act), approved”. 17 Paragraph 10C(1)(b) Omit “as in force from time to time”. 18 At the end of paragraph 10C(1)(c) Add “, being an agreement that was, immediately before the commencement of the Aged Care Act 1997 (other than Division 1 of that Act), in force”. 19 At the end of section 10D Add: (16) Financial assistance is not payable in respect of a day that occurs on or after the day on which the Aged Care Act 1997 (other than Division 1 of that Act) commences. 20 Sections 10DA to 10FA Repeal the sections. 21 At the end of section 10FB Add: (7) The Minister must not publish a statement that contains information that relates to a day on or after the day on which the Aged Care Act 1997 (other than Division 1 of that Act) commences. 22 Section 10FAA Repeal the section. 23 Section 10FK Omit “Despite the operation of section 10FB, if”, substitute “If”. 24 Section 10G Repeal the section. 25 Sections 10GB to 10GG Repeal the sections. 26 Paragraphs 10GH(1)(a) and (b) Repeal the paragraphs, substitute: (a) an approval of a grant of financial assistance to the organisation under section 10GF was, immediately before the commencement of the Aged Care Act 1997 (other than Division 1 of that Act), in force; and (b) an agreement under section 10GG between the Minister and the organisation was in force immediately before that commencement. 27 Subsection 10GH(5) Repeal the subsection, substitute: (5) Financial assistance is not payable in respect of a day that occurs on or after the day on which the Aged Care Act 1997 (other than Division 1 of that Act) commences. 28 Section 10GI Repeal the section. 29 Division 3 of Part IIIA Repeal the Division. 30 At the end of section 10H Add: (8) Without prejudice to the effect of the repeal of section 10AB, 10AC, 10FAA, 10GC, 10GD, 10GK or 10GM on a decision of the Minister of a kind referred to in subsection (1) of this section, that repeal does not affect: (a) a reconsideration of that decision under this section; or (b) any review by the Administrative Appeals Tribunal following an application under subsection (7) of this section. 31 Section 10HA Repeal the section. 32 Schedule 1 Repeal the Schedule. Schedule 3—Amendment of the Social Security Act 1991 Part 1—Abolition of residential care allowance 1 Section 3 (index of definitions) Repeal: | excluded home owner | 13A(1) | | --------------------------------------- | ------ | | nursing home | 23(1) | | residential care charge | 13A(2) | | residential care charge paid or payable | 13A(4) | 2 Section 3 (index of definitions, entry relating to in residential care) Omit “13A(5)”, substitute “23(4CA)”. 3 Subsection 11(7) (note) Omit “13A(5)”, substitute “23(4CA)”. 4 Section 13A Repeal the section. 5 After subsection 23(4C): Insert: (4CA) For the purposes of this Act, a person is in residential care if the person is being provided with residential care through an aged care service conducted by an approved provider. (4CB) In subsection (4CA), the following terms have the same meanings as in the Aged Care Act 1997: | aged care service | | ----------------- | | approved provider | | provide | | residential care | 6 Paragraph 664A(4)(b) Omit “or residential care allowance”. 7 Paragraph 664C(4)(b) Omit “or residential care allowance”. 8 Paragraph 664E(4)(b) Omit “or residential care allowance”. 9 Paragraph 664G(4)(b) Omit “or residential care allowance”. 10 Paragraph 664HA(4)(b) Omit “or residential care allowance”. 11 Point 796-C1 (note) Omit “or residential care allowance”. 12 Point 1064-A1 (method statement, step 3) Omit all the words after “(if any)”, substitute “for rent assistance (using MODULE D)”. 13 Point 1064-A1 (note 2) Omit “or residential care allowance”. 14 Paragraph 1064-D1(b) Repeal the paragraph. 15 Point 1066-A1 (method statement, step 3) Omit all the words after “(if any)”, substitute “for rent assistance (using MODULE D)”. 16 Point 1066-A1 (note 2) Omit “or residential care allowance”. 17 Paragraph 1066-D1(aa) Repeal the paragraph. 18 Point 1066A-A1 (method statement, step 4) Omit all the words after “(if any)”, substitute “for rent assistance (using MODULE EA if the person is under 18, or MODULE EB if the person is at least 18)”. 19 Point 1066A-A1 (note 2) Omit “or residential care allowance”. 20 Subparagraph 1066A-EA2(h)(ii) Omit “; and”. 21 Paragraph 1066A-EA2(i) Repeal the paragraph. 22 Paragraph 1066A-EB2(i) Omit “; and”. 23 Paragraph 1066A-EB2(j) Repeal the paragraph. 24 Point 1067-A1 (method statement, step 3) Omit all the words after “(if any)”, substitute “for rent assistance (using MODULE F)”. 25 Paragraph 1067-F1(ea) Repeal the paragraph. 26 Point 1067E-A1 (method statement, step 3) Omit all the words after “(if any)”, substitute “for rent assistance (using MODULE D)”. 27 Paragraph 1067E-D1(ca) Repeal the paragraph. 28 Point 1068-A1 (method statement, step 3) Omit all the words after “(if any)”, substitute “for rent assistance (using MODULE F)”. 29 Point 1068-F1 (ca) Repeal the paragraph. 30 Point 1068-A1 (note 1) Omit “or residential care allowance”. 31 Point 1068A-A3 (method statement, step 4, paragraph (b)) Omit “or residential care allowance (see Part 3.12B)”. 32 Point 1068A-A3 (note) Omit “or residential care allowance”. 33 Paragraph 1068A-F1(da) Repeal the paragraph. 34 Point 1069-A1 (method statement, step 1A) Omit all the words after “(if any)”, substitute “for rent assistance (using MODULE E) and add the amount to the total from Step 1. The result is the person’s gross family payment rate”. 35 Paragraph 1069-E2(1)(ca) Repeal the paragraph. 36 Paragraph 1069-K3(e) Omit “or residential care allowance”. 37 Subsection 1147(2) Omit “or residential care charge”. 38 Part 3.12B Repeal the Part. 39 Section 1190 (table items 19B, 19C, 19D, 19E, 19F, 19G, 19H and 19I) Repeal the items. 40 Subsection 1191(1) (table items 13B, 13C, 13D, 13E, 13F, 13G, 13H and 13I) Repeal the items. 41 Paragraph 1207(1)(a) Omit “, the rent assistance Module of a rate calculator or Part 3.12B (which deals with residential care allowance)”, substitute “or the rent assistance Module of a Rate Calculator”. 42 Paragraph 1207(1)(c) Omit “, the rent assistance Module or Part 3.12B (residential care allowance)”, substitute “or the rent assistance Module”. 42A Paragraph 1207(1)(d) Omit “or Part 3.12B (residential care allowance)”. 43 Point 1210-A1 (note 2) Omit “or residential care allowance”. 44 Subclause 28(4) of Schedule 1A Omit “or residential care allowance” (wherever occurring). Note: The heading to clause 28 of Schedule 1A is altered by omitting “and residential care allowance”. 45 Subclause 28(5) of Schedule 1A Repeal the subclause, substitute: (5) Subclause (4) does not apply if: (a) the person is entitled to rent assistance because of subclause (1) or (2); and (b) the amount of rent assistance payable is worked out under clause 63. 46 Subclause 28(6) of Schedule 1A Omit “or residential care allowance”. 47 Subclause 36(3) of Schedule 1A Omit “or residential care allowance”. 48 Clause 63A of Schedule 1A Repeal the clause. Part 2—Rent assistance and related matters 49 Section 3 (index of definitions) Insert the following entries in their appropriate alphabetical positions (determined on a letter-by-letter basis): | aged care resident | 13(8A) | | ---------------------------------------- | ------ | | in residential care on a long-term basis | 997(2) | 50 Subsection 13(4) Repeal the subsection. 51 After subsection 13(8) Insert: (8A) Subject to subsections (8B) and (8C), a person is an aged care resident for the purposes of this Act if: (a) the person is in residential care; and (b) an approval for residential care or flexible care under Part 2.3 of the Aged Care Act 1997 is in force in respect of the person. (8B) Without limiting subsection (8A), a person is taken not to be an aged care resident if: (a) the person is in approved respite care, and has been in approved respite care for a continuous period of 52 days or less; and (b) immediately before the person became a person in approved respite care, the person was receiving rent assistance. (8C) The Secretary may determine, for the purposes of subsection (8A), that a person is taken not to be an aged care resident on a day that occurs: (a) after the person in fact became an aged care resident; and (b) before the day occurring 15 days after the person in fact became an aged care resident; if the Secretary is satisfied that, immediately before the day, the person was liable to pay rent. (8D) In this section, rent assistance means an amount paid or payable under this Act to help cover the cost of rent. 52 Subsection 23(1) (definition of nursing home) Repeal the definition. 53 Subparagraph 993(2)(c)(iii) Omit “a nursing home patient”, substitute “in residential care”. 54 Subsection 993(2) (note 4) Repeal the note, substitute: > Note 4: For mental hospital patient on a long-term basis, see subsection 997(1). > Note 4A: For in residential care on a long-term basis, see subsection 997(2). 55 Subparagraph 994(c)(vi) Omit “a nursing home patient”, substitute “in residential care”. 56 Section 994 (note 5) Repeal the note, substitute: > Note 5: For mental hospital patient on a long-term basis, see subsection 997(1). > Note 5A: For in residential care on a long-term basis, see subsection 997(2). 57 Subsection 997(2): Repeal the subsection, substitute: (2) For the purposes of this Division, a person is in residential care on a long-term basis if: (a) the person is in residential care; and (b) the Secretary is satisfied that the person will be in residential care for an indefinite period. 58 After paragraph 1064-D1(a) Insert: (b) the person is not an aged care resident; and 59 After paragraph 1066-D1(a) Insert: (aa) the person is not an aged care resident; and 60 After paragraph 1066A-EA2(d) Insert: (da) the person is not, or is taken not to be, an aged care resident; and 61 After paragraph 1066A-EB2(e) Insert: (ea) the person is not an aged care resident; and 62 After paragraph 1067-F1(c) Insert: (ca) the person is not an aged care resident; and 63 Paragraph 1067B(6)(c) Omit “living in a nursing home and likely to remain there”, substitute “in residential care, and likely to remain in residential care”. 64 After paragraph 1067E-D1(a) Insert: (aa) the person is not an aged care resident; and 65 After paragraph 1068-F1(aa) Insert: (ab) the person is not an aged care resident; and 66 After paragraph 1068A-F1(b) Insert: (ba) the person is not an aged care resident; and 67 After paragraph 1069-E2(1)(a) Insert: (aa) the person is not an aged care resident; and 68 After clause 102D of Schedule 1A Insert: