5NCIn care definitions

#### 5NC In care definitions (1) In this Act: > aged care resident has the meaning given by subsection (5). > in a care situation has the meaning given by subsection (2). > in respite care has the meaning given by subsection (8). > personally providing community‑based care has the meaning given by subsection (4). > receiving community‑based care has the meaning given by subsection (3). (2) A person is in a care situation if: (a) the person is residing in premises at which accommodation is provided exclusively or principally for people who have a mental disability; or (b) the person is a nursing‑home type patient, within the meaning of the Health Insurance Act 1973, of a hospital; or (c) the person is in respite care; or (d) the person is receiving community‑based care. (3) A person is receiving community‑based care if, in the Commission’s opinion, the person needs, and has been receiving or is likely to receive, a substantial level of care in a private residence for at least 14 consecutive days. (4) A person is personally providing community‑based care for another person if, in the Commission’s opinion: (a) the first‑mentioned person is personally providing for the other person, in a private residence, a substantial level of care needed by the other person; and (b) has personally provided, or is likely to personally provide, that level of care for at least 14 consecutive days. (5) Subject to subsections (6) and (7), a person is an aged care resident for the purposes of this Act if the person is accessing ongoing funded aged care services (other than under a specialist aged care program) in an approved residential care home operated by a registered provider. (6) A person is taken not to be an aged care resident if the person is in respite care. (7) The Commission may determine, for the purposes of subsection (5), 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 Commission is satisfied that, immediately before the day, the person was liable to pay rent. (8) A person is in respite care on a particular day if the person accesses short‑term funded aged care services through the service group residential care. (9) An expression used in subsection (5) or (8) and in the Aged Care Act 2024 has the same meaning in that subsection as in that Act.