95A‑11A Aged Care Commissioner may give 95A‑11A Aged Care Commissioner may give report to Minister at any time

#### 95A‑11A Aged Care Commissioner may give report to Minister at any time The \*Aged Care Commissioner may, at any time, give a written report to the Minister on any matter relating to the Commissioner’s functions. 182 Section 96‑1 (table items 7 and 11) Repeal the items. 183 Section 96‑1 (table item 12) Omit “Community”, substitute “Home”. 184 Section 96‑1 (table item 14A) Repeal the item. 184A Subsection 96‑3(1) Repeal the subsection, substitute: (1) For the purposes of this Act, the Minister: (a) must establish a committee to be known as the Aged Care Financing Authority; and (b) may establish other committees. 185 Section 96‑5 (note) Omit “\*community”, substitute “home”. 186 Clause 1 of Schedule 1 (paragraph (b) of the definition of aged care) Omit “community”, substitute “home”. 187 Clause 1 of Schedule 1 (definition of assessment grant) Repeal the definition. 188 Clause 1 of Schedule 1 (definitions of community care, community care agreement, community care grant, community care service and community care subsidy) Repeal the definitions. 189 Clause 1 of Schedule 1 (definition of flexible care grant) Repeal the definition. 190 Clause 1 of Schedule 1 Insert: > home care has the meaning given by section 45‑3. > home care agreement means an agreement referred to in section 61‑1. > home care service means an undertaking through which home care is provided. > home care subsidy means a subsidy payable under Part 3.2. 191 Clause 1 of Schedule 1 (paragraph (b) of the definition of payment period) Omit “to community”, substitute “to home”. 192 Clause 1 of Schedule 1 (paragraph (b) of the definition of payment period) Omit “\*community”, substitute “\*home”. 193 Clause 1 of Schedule 1 (paragraph (b) of the definition of payment period) Omit “a community”, substitute “a home”. 194 Clause 1 of Schedule 1 (definition of place) Omit “community”, substitute “home”. 194A Application Despite the amendment made by item 184A of this Schedule, subsection 96‑3(1) of the Aged Care Act 1997 has effect, before 1 August 2013, as if that amendment had not been made. Part 2—Transitional and savings provisions 195 Definitions In this Part: commencement time means the time when this Schedule commences. home care has the same meaning as in the new law. new law means the Aged Care Act 1997 as in force immediately after the commencement time. old law means the Aged Care Act 1997 as in force immediately before the commencement time. 196 Approval of providers (1) This item applies if, before the commencement time: (a) a person was approved under Part 2.1 of the old law as a provider of aged care (whether or not the approval had come into force); and (b) the approval had not ceased to have effect. (2) To the extent that the approval was in respect of community care, the approval is taken, for the purposes of the new law, to be in respect of home care. (3) To the extent that the approval was in respect of flexible care, the approval is taken, for the purposes of the new law, to be in respect of both home care and flexible care. 197 Allocation of places (1) An allocation of places in respect of community care that was done under Part 2.2 of the old law and was in force immediately before the commencement time is taken, after the commencement time, to have been done in respect of home care. (2) An allocation of places in respect of flexible care that: (a) was done under Part 2.2 of the old law and was in force immediately before the commencement time; and (b) is of a kind specified in Allocation Principles made for the purposes of this subitem; is taken, after the commencement time, to have been done in respect of home care. 198 Approval of care recipients (1) An approval to receive community care that was given under Part 2.3 of the old law and was in force immediately before the commencement time is taken, after the commencement time, to have been given to receive home care. (2) An approval to receive flexible care that: (a) was given under Part 2.3 of the old law and was in force immediately before the commencement time; and (b) is of a kind specified in Approval of Care Recipient Principles made for the purposes of this subitem; is taken, after the commencement time, to have been given to receive home care. (3) An approval to receive community care or flexible care that is taken to be an approval to receive home care under subitem (1) or (2), is also taken to be limited to the level or levels of care specified in Approval of Care Recipient Principles made for the purposes of this subitem. 199 Making Principles (1) The Minister may, by legislative instrument, make Allocation Principles or Approval of Care Recipient Principles, or both, providing for matters: (a) required or permitted by this Part to be provided; or (b) necessary or convenient to be provided in order to carry out or give effect to this Part. (2) Allocation Principles or Approval of Care Recipient Principles made under subitem (1) may be included with Allocation Principles or Approval of Care Recipient Principles, as the case requires, made under section 96‑1 of the Aged Care Act 1997. Schedule 2—Amendments commencing on 1 January 2014 Part 1—Amendments Aged Care Act 1997 1 Paragraph 42‑4(a) Omit “an \*accreditation body”, substitute “the \*CEO of the Quality Agency”. 2 After section 65‑1 Insert: