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Short title
1 Short title
This Act may be cited as the Home and Community Care Act 1985.
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Commonwealth act
This Act lets the Commonwealth Minister make payments to States for home and community care where there is an agreement substantially in the Schedule (s 3). Payments must come from parliamentary appropriations (s 4); sums a State must repay are debts to the Commonwealth (s 3(3)). The Minister can delegate most powers to departmental officers (s 5) while remaining able to exercise those powers. It therefore governs who pays, who decides and how repayment and delegation work for funded care services.
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Direct links to the current provisions in Home and Community Care Act 1985.
This Act may be cited as the Home and Community Care Act 1985.
This Act shall come into operation, or shall be deemed to have come into operation, on the day on which the Home and Community Care (Miscellaneous Amendments) Act 1985 receives or received the Royal Assent.
(1) Where an agreement has, whether before or after the commencement of this Act, been entered into between the Commonwealth and a State, being an agreement that is substantially in accordance with the form set out in the Schedule, the Minister may, by writing, authorise payments (including advances) to be made to that State, by way of financial assistance to that State, in accordance with that agreement. (2) A reference in subsection (1) to an agreement that has been entered into between the Commonwealth and a State includes a reference to that agreement as varied, in accordance with the provisions of that agreement, by a further agreement a copy of which has been laid before each House of the Parliament as required by the first‑mentioned agreement. (3) An amount repayable by a State to the Commonwealth in accordance with a provision of an agreement referred to in subsection (1) is a debt due by the State to the Commonwealth. (4) In this section, State includes the Australian Capital Territory and the Northern Territory.
Payments (including advances) under this Act shall be made out of money appropriated from time to time by the Parliament for the purpose.
(1) The Minister may, by writing, either generally or as otherwise provided by the instrument of delegation, delegate to any officer of the Department or to a person performing the duties of an office in the Department all or any of the Minister’s powers under this Act, other than this power of delegation. (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister. (3) A delegation of a power under this section does not prevent the exercise of the power by the Minister.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Home and Community Care Act 1985.
This Act shall come into operation, or shall be deemed to have come into operation, on the day on which the Home and Community Care (Miscellaneous Amendments) Act 1985 receives or received the Royal Assent.
(1) Where an agreement has, whether before or after the commencement of this Act, been entered into between the Commonwealth and a State, being an agreement that is substantially in accordance with the form set out in the Schedule, the Minister may, by writing, authorise payments (including advances) to be made to that State, by way of financial assistance to that State, in accordance with that agreement. (2) A reference in subsection (1) to an agreement that has been entered into between the Commonwealth and a State includes a reference to that agreement as varied, in accordance with the provisions of that agreement, by a further agreement a copy of which has been laid before each House of the Parliament as required by the first‑mentioned agreement. (3) An amount repayable by a State to the Commonwealth in accordance with a provision of an agreement referred to in subsection (1) is a debt due by the State to the Commonwealth. (4) In this section, State includes the Australian Capital Territory and the Northern Territory.
Payments (including advances) under this Act shall be made out of money appropriated from time to time by the Parliament for the purpose.
(1) The Minister may, by writing, either generally or as otherwise provided by the instrument of delegation, delegate to any officer of the Department or to a person performing the duties of an office in the Department all or any of the Minister’s powers under this Act, other than this power of delegation. (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister. (3) A delegation of a power under this section does not prevent the exercise of the power by the Minister.