16Application and modification of the Treatment Principles

16 Application and modification of the Treatment Principles

(1) The Treatment Principles, or, if the Treatment Principles have been modified under this section, the Treatment Principles as so modified, are binding on the Commission in the Commission’s exercise of its powers and discretions under this Act. (2) The Commission may, in writing, prepare modifications of the Treatment Principles in their application for the purposes of this Act. (3) The modifications are to set out circumstances in which, and conditions subject to which, treatment of a particular kind, or included in a particular class of treatment, may be provided under this Act for eligible persons. (4) Without limiting subsection (2), the modifications may also include provisions dealing with the following matters in relation to treatment to be provided to eligible persons: (a) whether approval by the Commission of the treatment is required; (b) if approval by the Commission of the treatment is required—the exercise of the Commission’s power to approve the treatment, whether before or after the treatment is given or begins to be given; (c) where the treatment may be provided. (4A) Without limiting subsection (2), the modifications may also include provisions: (a) specifying kinds of treatment for the purposes of paragraph 13A(b); and (b) specifying the circumstances in which, and the extent to which, the Commission may accept financial responsibility for particular costs relating to that treatment (including amounts of subsidy payable under Part 2 of Chapter 4 of the Aged Care Act 2024). (5) Without limiting subsection (2), the modifications may specify kinds or classes of treatment that: (a) will not be provided for eligible persons; or (b) will not be so provided at places, or in circumstances, specified or described in the modifications. (6) The Commission may, in writing, prepare variations or revocations of the modifications at any time. (7) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation. (8) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.