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Aged Care Act 1997
No longer in force
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Department of Health, Disability and Ageing
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C2004A05206
07 July 1997
-
30 September 1997
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Chapter 1—Introduction
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Division 1—Preliminary matters
1-1 Short title
1-2 Commencement
1-3 Identifying defined terms
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Division 2—Objects
2-1 The objects of this Act
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Division 3—Overview of this Act
3-1 General
3-2 Preliminary matters relating to subsidies (Chapter 2)
3-3 Subsidies (Chapter 3)
3-4 Responsibilities of approved providers (Chapter 4)
3-5 Grants (Chapter 5)
3-6 The structure of this Act
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Division 4—Application of this Act
4-1 Application of this Act
4-2 Binding the Crown
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Chapter 2—Preliminary matters relating to subsidies
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Division 5—Introduction
5-1 What this Chapter is about
5-2 Which approvals etc. may be relevant
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Part 2.1—Approval of providers
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Division 6—Introduction
6-1 What this Part is about
6-2 The Approved Provider Principles
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Division 7—What is the significance of approval as a provider of aged care?
7-1 Providers of aged care must be approved to receive subsidy
7-2 Approvals may be restricted
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Division 8—How does a person become an approved provider?
8-1 Approval as a provider of aged care
8-2 Applications for approval
8-3 Suitability of people to provide aged care
8-4 Requests for further information
8-5 Notification of Secretary’s determination
8-6 States, Territories and local government taken to be approved providers
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Division 9—What obligations arise from being an approved provider?
9-1 Obligation to notify certain changes
9-2 Obligation to give information relevant to an approved provider’s status when requested
9-3 Obligation to give information relevant to payments under this Act
9-4 Obligations while approval is suspended
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Division 10—When does an approval cease to have effect?
10-1 Cessation of approvals
10-2 Approval lapses if services not provided for 6 months
10-3 Revocation of approval
10-4 Revocation of approval on request of approved provider
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Part 2.2—Allocation of places
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Division 11—Introduction
11-1 What this Part is about
11-2 The Allocation Principles
11-3 Meaning of people with special needs
11-4 Explanation of the allocation process
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Division 12—How does the Commonwealth plan its allocations of places?
12-1 The planning process
12-2 Objectives of the planning process
12-3 Minister to determine the number of places available for allocation
12-4 Distributing available places among regions
12-5 Determining proportion of care to be provided to certain groups of people
12-6 Regions
12-7 Aged Care Planning Advisory Committees
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Division 13—How do people apply for allocations of places?
13-1 Applications for allocations of places
13-2 Invitation to apply
13-3 Application fee
13-4 Requests for further information
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Division 14—How are allocations of places decided?
14-1 Allocation of places
14-2 Competitive assessment of applications for allocations
14-3 Compliance with the invitation
14-4 Waiver of requirements
14-5 Conditions relating to particular allocations
14-6 Conditions relating to allocations generally
14-7 Allocation of places to services with extra service status
14-8 Notification of allocation
14-9 Allocations in situations of emergency
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Division 15—When do allocations of places take effect?
15-1 When allocations take effect
15-2 Provisional allocations
15-3 Applications for determinations
15-4 Variation or revocation of provisional allocations
15-5 Variation of provisional allocations on application of approved provider
15-6 Surrendering provisional allocations
15-7 Provisional allocation periods
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Division 16—How are allocated places transferred from one person to another?
16-1 Transfer of places
16-2 Applications for transfer of places
16-3 Requests for further information
16-4 Consideration of applications
16-5 Time limit for decisions on applications
16-6 Notice of decision on transfer
16-7 Transfer day
16-8 Transfer of places to service with extra service status
16-9 Information to be given to transferee
16-10 Transferors to provide transferee with certain records
16-11 Effect of transfer on certain matters
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Division 17—How are the conditions for allocations of places varied?
17-1 Variation of allocations
17-2 Applications for variation of allocations
17-3 Requests for further information
17-4 Consideration of applications
17-5 Time limit for decisions on applications
17-6 Notice of decisions
17-7 Variation day
17-8 Variation involving relocation of places to service with extra service status
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Division 18—When do allocations cease to have effect?
18-1 Cessation of allocations
18-2 Relinquishing places
18-3 Proposals relating to the care needs of care recipients
18-4 Approved providers’ obligations relating to the care needs of care recipients
18-5 Revocation of unused allocations of places
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Part 2.3—Approval of care recipients
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Division 19—Introduction
19-1 What this Part is about
19-2 The Approval of Care Recipients Principles
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Division 20—What is the significance of approval as a care recipient?
20-1 Care recipients must be approved before subsidy can be paid
20-2 Effect of limitation of approvals
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Division 21—Who is eligible for approval as a care recipient?
21-1 Eligibility for approval
21-2 Eligibility to receive residential care
21-3 Eligibility to receive community care
21-4 Eligibility to receive flexible care
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Division 22—How does a person become approved as a care recipient?
22-1 Approval as a care recipient
22-2 Limitation of approvals
22-3 Applications for approval
22-4 Assessments of care needs
22-5 Date of effect of approval
22-6 Notification of decisions
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Division 23—When does an approval cease to have effect?
23-1 Expiration, lapse or revocation of approvals
23-2 Expiration of time limited approvals
23-3 Approval lapses if care not received within a certain time
23-4 Revocation of approvals
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Part 2.4—Classification of care recipients
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Division 24—Introduction
24-1 What this Part is about
24-2 The Classification Principles
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Division 25—How are care recipients classified?
25-1 Classification of care recipients
25-2 Classification levels
25-3 Appraisals of the level of care needed
25-4 Suspending approved providers from making appraisals
25-5 Authorisation of another person to make appraisals
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Division 26—When do classifications take effect?
26-1 Appraisals received within the appropriate period—care other than respite care
26-2 Assessments not received within the appropriate period—care other than respite care
26-3 When respite care classifications take effect
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Division 27—When do classifications cease to have effect?
27-1 Expiry dates for classifications
27-2 Cessation of care
27-3 Extended hospital leave
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Division 28—How are classifications renewed?
28-1 Renewing classifications
28-2 Reappraisal of the level of care needed
28-3 Reappraisal period for classifications
28-4 Date of effect of renewal
28-5 Reappraisal given to the Secretary after the reappraisal period
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Division 29—How are classifications changed?
29-1 Changing classifications
29-2 Date of effect of change
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Part 2.5—Extra service places
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Division 30—Introduction
30-1 What this Part is about
30-2 The Extra Service Principles
30-3 Meaning of distinct part
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Division 31—When is a place an extra service place?
31-1 Extra service place
31-2 Extra service status may continue after cessation in limited circumstances
31-3 Effect of allocation or transfer of places to services with extra service status
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Division 32—How is extra service status granted?
32-1 Grants of extra service status
32-2 Invitations to apply
32-3 Applications for extra service status
32-4 Criteria to be considered by Secretary
32-5 Competitive assessment of applications
32-6 Application fee
32-7 Maximum proportion of places
32-8 Conditions of grant of extra service status
32-9 Notification of extra service status
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Division 33—When does extra service status cease?
33-1 Cessation of extra service status
33-2 Extra service status expires on expiry date
33-3 Lapsing of extra service status
33-4 Revocation or suspension of extra service status at approved provider’s request
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Division 34—How is extra service status renewed?
34-1 Renewal of extra service status
34-2 Applications for renewal of extra service status
34-3 Criteria to be considered by Secretary
34-4 Application fee
34-5 Conditions of renewal of extra service status
34-6 When renewals cease to have effect
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Division 35—How are extra service fees approved?
35-1 Approval of extra service fees
35-2 Applications for approval
35-3 Rules about amount of extra service fee
35-4 Notification of Secretary’s decision
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Division 36—When is residential care provided on an extra service basis?
36-1 Provision of residential care on extra service basis
36-2 Extra service agreements not to be entered under duress etc.
36-3 Contents of extra service agreements
36-4 Additional protection for existing residents
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Part 2.6—Certification of residential care services
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Division 37—Introduction
37-1 What this Part is about
37-2 The Certification Principles
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Division 38—How is a residential care service certified?
38-1 Certification of residential care services
38-2 Applications for certification
38-3 Suitability of residential care service for certification
38-4 Secretary may require service to be assessed
38-5 Requests for further information
38-6 Notification of Secretary's determination
38-7 Application fee
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Division 39—When does certification cease to have effect?
39-1 Certifications ceasing to have effect
39-2 Lapse of certification on change of location of residential care service
39-3 Revocation of certification
39-4 Review of certification
39-5 Revocation of certification on request of approved provider
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Chapter 3—Subsidies
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Division 40—Introduction
40-1 What this Chapter is about
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Part 3.1—Residential care subsidy
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Division 41—Introduction
41-1 What this Part is about
41-2 The Residential Care Subsidy Principles
41-3 Meaning of residential care
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Division 42—Who is eligible for residential care subsidy?
42-1 Eligibility for residential care subsidy
42-2 Leave from residential care services
42-3 Working out periods of leave
42-4 Accreditation requirement
42-5 Determinations allowing for exceptional circumstances
42-6 Revocation of determinations
42-7 Exceeding the number of places for which there is an allocation
42-8 Notice of refusal to pay residential care subsidy
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Division 43—How is residential care subsidy paid?
43-1 Payment of residential care subsidy
43-2 Meaning of payment period
43-3 Advances
43-4 Claims for residential care subsidy
43-5 Deductions for fees
43-6 Capital repayment deductions
43-7 Deductions for additional recurrent funding
43-8 Non-compliance deductions
43-9 Recovery of overpayments
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Division 44—What is the amount of residential care subsidy?
44-1 What this Division is about
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Subdivision 44-A—Working out the amount of residential care subsidy
44-2 Amount of residential care subsidy
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Subdivision 44-B—The basic subsidy amount
44-3 The basic subsidy amount
44-4 Effect on classification levels of long periods in hospital
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Subdivision 44-C—Primary supplements
44-5 Primary supplements
44-6 The concessional resident supplement
44-7 Meaning of concessional resident
44-8 Meaning of assisted resident
44-9 Person taken not to be a concessional resident or an assisted resident if asset information not provided
44-10 How to work out the value of a person’s assets
44-11 Definitions relating to concessional residents and assisted residents
44-12 The respite supplement
44-13 The oxygen supplement
44-14 The enteral feeding supplement
44-15 Requests for further information
44-16 Additional primary supplements
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Subdivision 44-D—Reductions in subsidy
44-17 Reductions in subsidy
44-18 The extra service reduction
44-19 The adjusted subsidy reduction
44-20 The compensation payment reduction
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Subdivision 44-E—The income test
44-21 The income test
44-22 Daily income tested reduction taken to be zero in some circumstances
44-23 Effect on daily income tested reduction of failure to give requested information
44-24 The care recipient’s ordinary income
44-25 Ordinary income of war widows and war widowers
44-26 The care recipient’s ordinary income free area
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Subdivision 44-F—Other supplements
44-27 Other supplements
44-28 The pensioner supplement
44-29 The viability supplement
44-30 The hardship supplement
44-31 Determining cases of financial hardship
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Part 3.2—Community care subsidy
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Division 45—Introduction
45-1 What this Part is about
45-2 The Community Care Subsidy Principles
45-3 Meaning of community care
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Division 46—Who is eligible for community care subsidy?
46-1 Eligibility for community care subsidy
46-2 Suspension of community care services
46-3 Exceeding the number of places for which there is an allocation
46-4 Notice of refusal to pay community care subsidy
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Division 47—On what basis is community care subsidy paid?
47-1 Payability of community care subsidy
47-2 Meaning of payment period
47-3 Advances
47-4 Claims for community care subsidy
47-5 Recovery of overpayments
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Division 48—What is the amount of community care subsidy?
48-1 Amount of community care subsidy
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Part 3.3—Flexible care subsidy
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Division 49—Introduction
49-1 What this Part is about
49-2 The Flexible Care Subsidy Principles
49-3 Meaning of flexible care
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Division 50—Who is eligible for flexible care subsidy?
50-1 Eligibility for flexible care subsidy
50-2 Kinds of care for which flexible care subsidy may be payable
50-3 Exceeding the number of places for which there is an allocation
50-4 Notice of refusal to pay flexible care subsidy
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Division 51—On what basis is flexible care subsidy paid?
51-1 Payment of flexible care subsidy
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Division 52—What is the amount of flexible care subsidy?
52-1 Amounts of flexible care subsidy
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Chapter 4—Responsibilities of approved providers
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Division 53—Introduction
53-1 What this Chapter is about
53-2 Failure to meet responsibilities does not have consequences apart from under this Act
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Part 4.1—Quality of care
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Division 54—Quality of care
54-1 Responsibilities of approved providers
54-2 Accreditation Standards
54-3 Residential Care Standards
54-4 Community Care Standards
54-5 Flexible Care Standards
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Part 4.2—User rights
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Division 55—Introduction
55-1 What this Part is about
55-2 The User Rights Principles
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Division 56—What are the general responsibilities relating to user rights?
56-1 Responsibilities of approved providers—residential care
56-2 Responsibilities of approved providers—community care
56-3 Responsibilities of approved providers—flexible care
56-4 Complaints resolution mechanisms
56-5 Extent to which responsibilities apply
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Division 57—What are the responsibilities relating to accommodation bonds?
57-1 What this Division is about
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Subdivision 57-A—The basic rules
57-2 Basic rules about accommodation bonds
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Subdivision 57B—Prudential requirements
57-3 Compliance with prudential requirements
57-4 General prudential requirements
57-5 Approval of prudential requirements
57-6 Applications for approval of specific prudential requirements
57-7 Requests for further information
57-8 Notification of Secretary’s decision
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Subdivision 57-C—Accommodation bond agreements
57-9 Contents of accommodation bond agreements
57-10 Accommodation bond agreements may be incorporated into other agreements
57-11 Agreements cannot affect requirements of this Division
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Subdivision 57-D—Amounts of accommodation bonds
57-12 Maximum amount of accommodation bond
57-13 Maximum amount of accommodation bond if care recipient moves between residential care services
57-14 Accommodation bond not payable in cases of financial hardship
57-15 Revocation of determinations of financial hardship
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Subdivision 57-E—Payment of accommodation bonds
57-16 Period for payment of accommodation bond
57-17 Payment of an accommodation bond by periodic payments
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Subdivision 57-F—Rights of approved providers
57-18 Approved provider may retain income derived
57-19 Amounts to be deducted from accommodation bond balance
57-20 Retention amounts
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Subdivision 57-G—Refunds
57-21 Refunding of accommodation bond balance
57-22 Delaying refunds to secure re-entry
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Division 58—What are the responsibilities relating to resident fees?
58-1 Responsibilities relating to resident fees
58-2 Maximum daily amount of resident fees
58-3 Standard resident contribution—people not receiving income support payments
58-4 Standard resident contribution—people receiving income support payments
58-5 Extra service amount
58-6 Maximum daily amount of resident fees for reserving a place
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Division 59—What are the requirements for resident agreements?
59-1 Requirements for resident agreements
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Division 60—What are the responsibilities relating to community care fees?
60-1 Responsibilities relating to community care fees
60-2 Maximum daily amount of community care fees
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Division 61—What are the requirements for community care agreements?
61-1 Requirements for community care agreements
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Division 62—What are the responsibilities relating to protection of personal information?
62-1 Responsibilities relating to protection of personal information
62-2 Giving personal information to courts etc.
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Part 4.3—Accountability
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Division 63—Accountability
63-1 Responsibilities of approved providers
63-2 Annual report on the operation of the Act
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Part 4.4—Consequences of non-compliance
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Division 64—Introduction
64-1 What this Part is about
64-2 The Sanctions Principles
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Division 65—When can sanctions be imposed?
65-1 Imposition of sanctions
65-2 Appropriateness of imposing sanctions
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Division 66—What sanctions can be imposed?
66-1 Sanctions that may be imposed
66-2 Agreement to certain matters in lieu of revocation of approved provider status
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Division 67—How are sanctions imposed?
67-1 Procedure for imposing sanctions
67-2 Notice of non-compliance
67-3 Notice of intention to impose sanctions
67-4 Notice to remedy non-compliance
67-5 Notice of decision on whether to impose sanctions
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Division 68—When do sanctions cease to apply?
68-1 Sanctions cease to apply
68-2 Sanction period
68-3 Lifting of sanctions
68-4 Applications for lifting of sanctions
68-5 Requests for further information
68-6 Notification of Secretary’s decision
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Chapter 5—Grants
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Division 69—Introduction
69-1 What this Chapter is about
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Part 5.1—Residential care grants
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Division 70—Introduction
70-1 What this Part is about
70-2 The Residential Care Grant Principles
70-3 Meaning of capital works costs
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Division 71—How do people apply for allocations of residential care grants?
71-1 Applications for residential care grants
71-2 Invitation to apply
71-3 Requests for further information
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Division 72—How are residential care grants allocated?
72-1 Allocation of residential care grants
72-2 Criteria for allocations
72-3 Meeting the needs of people with special needs
72-4 Compliance with the invitation
72-5 Waiver of requirements
72-6 Notification of allocation
72-7 Notice to unsuccessful applicants
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Division 73—On what basis are residential care grants paid?
73-1 Basis on which residential care grants are paid
73-2 Conditions of residential care grants
73-3 Grants payable only if certain conditions met
73-4 Variation or revocation of allocations
73-5 Variation of allocations on application of approved provider
73-6 Agreement taken to be varied
73-7 Appropriation
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Division 74—How much is a residential care grant?
74-1 The amount of a residential care grant
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Part 5.2—Community care grants
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Division 75—Introduction
75-1 What this Part is about
75-2 The Community Care Grant Principles
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Division 76—How are community care grants allocated?
76-1 Allocation of community care grants
76-2 Criteria for allocations
76-3 Applications for community care grants
76-4 Notification of allocation
76-5 Notice to unsuccessful applicants
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Division 77—On what basis are community care grants paid?
77-1 Basis on which community care grants are paid
77-2 Conditions of community care grants
77-3 Grants payable only if certain conditions met
77-4 Variation or revocation of allocations
77-5 Variation of allocations on application of approved provider
77-6 Agreement taken to be varied
77-7 Appropriation
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Division 78—How much is a community care grant?
78-1 The amount of a community care grant
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Part 5.3—Assessment grants
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Division 79—Assessment grants
79-1 Assessment grants
79-2 Conditions of assessment grants
79-3 Appropriation
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Part 5.4—Accreditation grants
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Division 80—Accreditation grants
80-1 Accreditation grants
80-2 Conditions of accreditation grants
80-3 Appropriation
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Part 5.5—Advocacy grants
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Division 81—Advocacy grants
81-1 Advocacy grants
81-2 Applications for advocacy grants
81-3 Deciding whether to make advocacy grants
81-4 Conditions of advocacy grants
81-5 Appropriation
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Part 5.6—Community visitors grants
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Division 82—Community visitors grants
82-1 Community visitors grants
82-2 Applications for community visitors grants
82-3 Deciding whether to make community visitors grants
82-4 Conditions of community visitors grants
82-5 Appropriation
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Part 5.7—Other grants
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Division 83—Other grants
83-1 Other grants
83-2 Conditions of other grants
83-3 Appropriation
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Chapter 6—Administration
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Division 84—Introduction
84-1 What this Chapter is about
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Part 6.1—Reconsideration and review of decisions
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Division 85—Reconsideration and review of decisions
85-1 Reviewable decisions
85-2 Deadlines for making reviewable decisions
85-3 Secretary must give reasons for reviewable decisions
85-4 Secretary may reconsider reviewable decisions
85-5 Reconsideration of reviewable decisions
85-6 Date of effect of certain decisions made under section 1239 of the Social Security Act 1991
85-7 Date of effect of certain decisions made under section 1243 of the Social Security Act 1991
85-8 AAT review of reviewable decisions
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Part 6.2—Protection of information
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Division 86—Protection of information
86-1 Meaning of protected information
86-2 Use of protected information
86-3 Disclosure of protected information for other purposes
86-4 Disclosure of protected information by people conducting assessments
86-5 Limits on use of protected information disclosed by Secretary
86-6 Limits on use of protected information disclosed under the Social Security Act 1991 or Veterans’ Entitlements Act 1986
86-7 Limits on use of protected information by Departments of Social Security and Veterans’ Affairs
86-8 Disclosure to court
86-9 Information about an aged care service
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Part 6.3—Record keeping
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Division 87—Introduction
87-1 What this Part is about
87-2 Records Principles
87-3 Failure to meet obligations does not have consequences apart from under this Act
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Division 88—What records must an approved provider keep?
88-1 Approved provider to keep and retain certain records
88-2 Approved providers to keep records specified in Records Principles
88-3 False or misleading records
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Division 89—What records must a person who was an approved provider retain?
89-1 Former approved provider to retain records
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Part 6.4—Powers of officers
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Division 90—Introduction
90-1 What this Part is about
90-2 Failure to meet obligations does not have consequences apart from under this Act
90-3 Meaning of authorised officer
90-4 Meaning of monitoring powers
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Division 91—What powers can be exercised with an occupier’s consent?
91-1 Power to enter premises with occupier’s consent to monitor compliance
91-2 Power to ask people to answer questions etc.
91-3 Occupier of premises to assist authorised officers
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Division 92—What powers can be exercised without an occupier’s consent?
92-1 Circumstances in which the powers in this Division can be exercised
92-2 Monitoring warrants
92-3 Offence-related warrants
92-4 Warrants may be granted by telephone etc.
92-5 Seizures without offence-related warrant in emergency situations
92-6 Discovery of evidence
92-7 Power to require people to answer questions etc.
92-8 Person on premises to assist authorised officers
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Division 93—What powers are there to examine people and obtain documents?
93-1 Secretary’s power to obtain information and documents
93-2 Self-incrimination
93-3 Offences related to statements and documents
93-4 Authorised officers may examine on oath or affirmation
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Division 94—What are the obligations relating to identity cards?
94-1 Identity cards for authorised officers
94-2 Return of identity cards issued to authorised officers
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Part 6.5—Recovery of overpayments
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Division 95—Recovery of overpayments
95-1 Recoverable amounts
95-2 Recoverable amount is a debt
95-3 Recovery by deductions from amounts payable to debtor
95-4 Recovery where there is a transfer of places
95-5 Refund to transferee if Commonwealth makes double recovery
95-6 Write-off and waiver of debt
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Chapter 7—Miscellaneous
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Division 96—Miscellaneous
96-1 Principles
96-2 Delegations
96-3 Committees
96-4 Care provided on behalf of an approved provider
96-5 Care recipients etc. lacking capacity to enter agreements
96-6 Applications etc. on behalf of care recipients
96-7 Withdrawal of applications
96-8 Giving false or misleading information relating to income
96-9 Application of the Criminal Code
96-10 Appropriation
96-11 Minister may give general policy directions
96-12 Determinations by Minister to be laid before each House of the Parliament
96-13 Regulations
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Schedule 1—Dictionary
1 Definitions