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Aged Care (Consequential Provisions) Act 1997
No longer in force
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Administered by
Department of Health, Disability and Ageing
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C2004A05208
01 July 1997
-
09 July 1997
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Chapter 1—Preliminary
1 Short title
2 Commencement
3 Definitions
4 Identifying terms used in the new Act
5 Schedule(s)
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Chapter 2—Transitional provisions relating to Chapter 2 of the Aged Care Act 1997
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Part 2.1—Approved providers
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Division 1—Nursing homes
6 Applications to be an approved operator
7 Approved operators and proprietors
8 Continuation of notice under section 39BB
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Division 2—Hostels
9 Applications to be an approved operator
10 Approved operators
11 Continuation of notice under section 10AC
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Division 3—Community aged care services
12 Applications to be an approved provider of community aged care services
13 Approved providers of community aged care services
14 Continuation of notice under section 10GD
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Part 2.2—Allocation of places
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Division 1—Nursing homes
15 Applications for approval in principle of nursing homes
16 Approvals in principle of nursing homes
17 Applications to vary or revoke approvals in principle of nursing homes
18 Applications for approval of nursing homes without section 39A or 39B certificates
19 Applications for approval of nursing homes with section 39A certificates
20 Approvals of nursing homes
21 Applications for approval in principle of transfers
22 Approvals in principle of transfers
23 Applications to alter conditions of approval of nursing homes
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Division 2—Hostels
24 Applications for approval in principle of hostels
25 Approvals in principle of hostels
26 Applications to vary or revoke approvals in principle of hostels
27 Applications for approval of hostels without section 9AB certificates
28 Applications for approval of hostels with section 9AB certificates
29 Approvals of hostels
30 Applications for approval in principle of transfers
31 Applications for revocation of approvals of hostels
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Division 3—Community aged care services
32 Applications for financial assistance for community aged care services packages
33 Approvals of financial assistance for community aged care services packages
34 Applications to revoke approvals of financial assistance for community aged care services packages
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Part 2.3—Approval of care recipients
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Division 1—Nursing homes
35 Applications for approval for admission to a nursing home
36 Approvals for admission to a nursing home
37 Admission to a nursing home prior to approval
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Division 2—Hostels
38 Eligible persons
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Division 3—Community aged care services
39 Eligible persons
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Part 2.4—Classification of care recipients
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Division 1—Nursing homes
40 Continuation of classifications under 1953 Act
41 Person admitted to nursing home before commencement day but no classification in force on that day
42 Undecided section 40AFD applications—classification to expire after commencement day
43 Review by Secretary
44 Appeals to Minister
45 Certain suspension conditions taken to be satisfied
46 Suspensions under 1953 Act from making classifications to continue under new Act
47 Review of determinations
48 Effect of certain determinations
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Division 2—Hostels
49 Classifications under 1954 Act that were in force immediately before commencement day
50 Person admitted to hostel before commencement day but no classification in force on that day
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Part 2.5—Extra service places
51 Applications for exempt bed status
52 Exempt bed status
53 Applications to revoke exempt bed status
54 Applications to extend exempt bed status
55 Extensions of exempt bed status
56 Additional exempt bed fees
57 Requests for approval of redeterminations of additional exempt bed fees
58 Patients occupying exempt beds
Part 2.6—Certification of residential care services
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Chapter 3—Transitional provisions relating to Chapter 3 of the Aged Care Act 1997
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Part 3.1—Residential care subsidy
59 Eligibility for residential care subsidy for the day provision of residential care stops
60 Additional amounts in respect of staffing and related costs
61 Overpayments and underpayments of Commonwealth benefit
62 Nasogastric feeding
63 Eligible oxygen treatment
64 Extra service reductions for exempt residents
65 Compensation payable to nursing home patient
66 Daily income tested reduction for exempt residents taken to be zero
67 Determinations under section 5 of the Aged Care Income Testing Act 1997
Part 3.2—Community care subsidy
Part 3.3—Flexible care subsidy
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Chapter 4—Transitional provisions relating to Chapter 4 of the Aged Care Act 1997
Part 4.1—Quality of care
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Part 4.2—User rights
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Division 1—Nursing homes
68 Extra service amounts for exempt residents
69 Agreements between nursing home proprietors and residents
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Division 2—Hostels
70 Variable hostel fees
71 Formal agreements between hostel operators and residents
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Division 3—Community aged care services
72 Formal agreements between hostel operators and residents
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Part 4.3—Accountability
73 Direction to appoint nursing home advisor
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Part 4.4—Consequences of non-compliance
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Division 1—Nursing homes
74 Declarations of non-compliance with standards
75 Determinations that Commonwealth benefit payable is not payable
76 Suspensions of exempt bed status
77 Declarations of non-compliance with conditions
78 Determinations that Commonwealth benefit is not payable
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Division 2—Hostels
79 Declarations of failure to meet standards
80 Suspensions of approvals of financial assistance
81 Variations of agreements
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Chapter 5—Transitional provisions relating to Chapter 5 of the Aged Care Act 1997
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Part 5.1—Residential care grants
82 Applications for capital grants
83 Variation of certificates (approvals in principle)
Part 5.2—Community care grants
Part 5.3—Assessment grants
Part 5.4—Accreditation grants
Part 5.5—Advocacy grants
Part 5.6—Community visitors grants
Part 5.7—Other grants
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Chapter 6—Transitional provisions relating to Chapter 6 of the Aged Care Act 1997
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Part 6.1—Review of decisions
84 Reconsiderations of determinations under section 5 of the Aged Care Income Testing Act 1997
85 Applications under section 11 of the Aged Care Income Testing Act 1997 for reconsideration of determinations under section 5 of that Act
86 AAT review of decisions relating to determinations under section 5 of the Aged Care Income Testing Act 1997
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Part 6.2—Protection of information
87 Protected information
Part 6.3—Record keeping
Part 6.4—Powers of officers
Part 6.5—Recovery of overpayments
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Chapter 7—Miscellaneous
Schedule 1—Amendment of the National Health Act 1953
Schedule 2—Amendment of the Aged or Disabled Persons Care Act 1954
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Schedule 3—Amendment of the Social Security Act 1991
Part 1—Abolition of residential care allowance
Part 2—Rent assistance and related matters
Part 3—Review provisions
Part 4—Other amendments
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Schedule 4—Amendment of the Veterans’ Entitlements Act 1986
Part 1—Abolition of residential care allowance
Part 2—Rent assistance and related matters
Part 3—Other amendments
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Schedule 5—Amendment and repeal of other Acts
Aboriginal and Torres Strait Islander Commission Act 1989
Aged Care Income Testing Act 1997
Freedom of Information Act 1982
Health and Other Services (Compensation) Act 1995
Home and Community Care Act 1985
Income Tax Assessment Act 1936
Student and Youth Assistance Act 1973
Schedule 6—Amendment of the National Health Act 1953 relating to domiciliary nursing care benefit