Aged Care and Other Legislation Amendment Act 2025

No. 45, 2025

An Act to amend the law relating to aged care and healthcare identifiers, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendment of the Aged Care Act 2024

Part 1—Amendments commencing immediately after the commencement of the Aged Care Act 2024

Aged Care Act 2024

Part 2—Amendments commencing 1 July 2026

Aged Care Act 2024

Schedule 2—Amendment of the Aged Care (Consequential and Transitional Provisions) Act 2024

Part 1—Amendments commencing immediately after transition time

Aged Care (Consequential and Transitional Provisions) Act 2024

Part 2—Protected information

Aged Care (Consequential and Transitional Provisions) Act 2024

Part 3—Automation of administrative action

Aged Care (Consequential and Transitional Provisions) Act 2024

Part 4—Modification of operation of Commonwealth aged care system during first 12 months

Aged Care (Consequential and Transitional Provisions) Act 2024

Part 5—Delegation

Aged Care (Consequential and Transitional Provisions) Act 2024

Schedule 3—Amendments of other Acts

Aged Care (Accommodation Payment Security) Act 2006

Airports Act 1996

A New Tax System (Goods and Services Tax) Act 1999

Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006

Child Support (Registration and Collection) Act 1988

Health and Other Services (Compensation) Act 1995

Healthcare Identifiers Act 2010

Health Insurance Act 1973

Home and Community Care Act 1985

Human Services (Centrelink) Act 1997

Human Services (Medicare) Act 1973

Income Tax Assessment Act 1997

Inspector‑General of Aged Care Act 2023

Military Rehabilitation and Compensation Act 2004

My Health Records Act 2012

National Disability Insurance Scheme Act 2013

National Health Act 1953

National Health Reform Act 2011

Private Health Insurance Act 2007

Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988

Sex Discrimination Act 1984

Social Security Act 1991

Treatment Benefits (Special Access) Act 2019

Veterans’ Entitlements Act 1986

Schedule 4—Release of remaining home care packages

Aged Care Act 1997

Schedule 5—Release of 20,000 home care packages

Aged Care Act 1997

Aged Care and Other Legislation Amendment Act 2025

No. 45, 2025

An Act to amend the law relating to aged care and healthcare identifiers, and for related purposes

[Assented to 19 September 2025]

The Parliament of Australia enacts:

1  Short title

  This Act is the Aged Care and Other Legislation Amendment Act 2025.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of the Aged Care Act 2024

Part 1—Amendments commencing immediately after the commencement of the Aged Care Act 2024

Aged Care Act 2024

1  Section 7 (definition of accommodation bond)

Repeal the definition, substitute:

accommodation bond has the meaning prescribed by the rules.

2  Section 7

Insert:

accommodation bond balance has the meaning prescribed by the rules.

3  Section 7 (definition of accommodation charge)

Repeal the definition, substitute:

accommodation charge has the meaning prescribed by the rules.

4  Section 7

Insert:

administrative action: see subsection 582(2).

5  Section 7

Insert:

approved report form: see section 166A.

6  Section 7 (definition of available balance)

Repeal the definition, substitute:

available balance, at a time, for any of the following notional accounts, or for an unspent Commonwealth portion, means the sum of the credits that have been made to the account or portion at or before that time reduced (but not below zero) by the sum of the debits that have been made to the account or portion at or before that time:

 (a) a notional ongoing home support account;

 (b) a notional short‑term home support account;

 (c) a notional service delivery branch account;

 (d) a notional assistive technology account;

 (e) a notional home modifications account;

 (f) a notional home care account.

7  Section 7

Insert:

Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997.

Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.

Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

8  Section 7 (definition of deliver)

Repeal the definition, substitute:

deliver, a funded aged care service, has a meaning affected by section 11A.

9  Section 7

Insert:

entry contribution has the meaning prescribed by the rules.

entry contribution balance has the meaning prescribed by the rules.

10  Section 7 (paragraph (a) of the definition of government entity)

Omit “(within the meaning of the Public Governance, Performance and Accountability Act 2013)”.

11  Section 7

Insert:

high quality care: see section 20.

12  Section 7

Insert:

in effect:

 (a) for a place allocated under subsection 92(1): see section 92A; and

 (b) for a place allocated under subsection 95(1): see section 97.

13   Section 7

Insert:

notional home care account means a notional account established for an individual under subsection 226E(1).

14  Section 7 (definition of notional service delivery account)

Repeal the definition, substitute:

notional service delivery branch account means a notional account established for a service delivery branch of a registered provider under subsection 203(1).

15  Section 7 (paragraph (d) of the definition of provisional subsidy amount)

Omit “an ongoing or”, substitute “a”.

16  Section 7

Insert:

quarter means a period of 3 months beginning on 1 July, 1 October, 1 January or 1 April.

17  Section 7 (definition of relevant administrative action)

Repeal the definition.

18  Section 7

Insert:

retention period, for an individual: see subsection 308(1).

19  Section 7 (after paragraph (b) of the definition of subsidy)

Insert:

 (ba) subsidy referred to in section 242A;

20  Subparagraph 8(1)(g)(v)

Repeal the subparagraph.

21  Paragraphs 9(2)(e) to (h)

Repeal the paragraphs, substitute:

 (e) if the individual is accessing the service other than under a specialist aged care program:

 (i) a classification decision establishing a classification level in a classification type for the service group is in effect for the individual; and

 (ii) if a priority category decision is required under section 86 for the classification type for the service group—such a decision under section 86 has been made for the individual for the classification type for the service group; and

 (iii) if the classification type or classification level is one for which the System Governor may allocate the individual a place under section 92—a place has been allocated to the individual under that section for that classification type or classification level and is in effect; and

 (f) if the individual is accessing the service under a specialist aged care program:

 (i) a classification decision establishing a classification level in a classification type for the service group has been made for the individual; and

 (ii) if the System Governor may allocate the registered provider a place under section 95—a place has been allocated to the registered provider under that section and is in effect.

22  Subsection 11(2)

Repeal the subsection (not including the heading or the note), substitute:

 (2) A registered provider means an entity that is registered as a registered provider (whether under paragraph 105(1)(a), because of a renewal under paragraph 108(1)(a), or because of a determination made by the System Governor under subsection 117(1)), if:

 (a) the registration period has not ended; and

 (b) the registration has not been revoked under a provision of Part 3 of Chapter 3.

23  Subsection 11(7)

Repeal the subsection, substitute:

11A  Delivery of funded aged care services

Delivery not affected by involvement of associated providers

 (1) To avoid doubt, a registered provider delivers a funded aged care service for the purposes of this Act even if some or all of the work involved in delivering the service to an individual is done by one or more associated providers of the registered provider.

Circumstances when non‑delivery of funded aged care services is taken to be delivery of funded aged care services

 (2) A service is taken to have been delivered by a registered provider to an individual for the purposes of this Act if:

 (a) the service is included on the list referred to in subsection 8(1); and

 (b) the service was scheduled to be delivered by the registered provider to the individual on a day; and

 (c) had the service been delivered as scheduled, the individual could have accessed the service through a service group as referred to in subsection 9(2); and

 (d) subsection (3) applies to the service.

 (3) This subsection applies to the service if:

 (a) both:

 (i) the service was scheduled to be delivered by the registered provider to the individual on the day at an agreed time and place; and

 (ii) the only reason that the service was not delivered was because the individual cancelled the delivery of the service within the period, before that day, that is prescribed by the rules; or

 (b) the circumstances prescribed by the rules apply.

 (4) If subsection (2) applies in relation to a service:

 (a) a reference in this Act to the number of hours or units of the service delivered to the individual on a day is taken to be a reference to the number of hours or units that were scheduled to be delivered to the individual on the day; and

 (b) a reference in this Act to the service delivery branch through which the service was delivered is taken to be a reference to the service delivery branch through which the service was scheduled to be delivered.

 (5) Subsection (2) does not apply:

 (a) in circumstances prescribed by the rules; or

 (b) for the purposes of a provision of this Act prescribed by the rules.

Certain reimbursements taken to be delivery of funded aged care services

 (6) If:

 (a) an individual incurs costs in acquiring a service that is included on the list referred to in subsection 8(1); and

 (b) the registered provider reimburses, in accordance with any requirements prescribed by the rules, the individual for the whole or a part of the costs; and

 (c) had the service been delivered to the individual by the registered provider, the individual could have accessed the service through a service group as referred to in subsection 9(2); and

 (d) any other circumstances prescribed by the rules in relation to the individual, the acquisition or the service apply;

the reimbursement is taken, for the purposes of this Act, to be the delivery of the service by the registered provider to the individual.

 (7) Subsection (6) does not apply:

 (a) in circumstances prescribed by the rules; or

 (b) for the purposes of a provision of this Act prescribed by the rules.

24  At the end of section 15

Add:

Periodic reviews of operation of Aged Care Quality Standards

 (4) The System Governor must cause periodic reviews to be conducted of the operation of the Aged Care Quality Standards.

 (5) The first review must be completed before the end of the period of 5 years starting on the day this Act commences.

 (6) Each later review must be completed before the end of each subsequent 5 year period.

 (7) The System Governor must give the Minister a written report of each review as soon as practicable after the review is completed.

 (8) The System Governor must cause a copy of the report of each review to be published on the Department’s website as soon as practicable after the Minister receives the report.

25  Section 27

Omit “with the consent of the individual”, substitute “in line with the individual’s will and preferences”.

26  At the end of subsection 28(2)

Add:

 ; or (d) is included in a class of persons prescribed by the rules.

27  Subsection 29(1)

Omit “Subject to subsection (2), any information or document that is required or authorised under, or for the purposes of, this Act”, substitute “Any information or document that is required or authorised under, or for the purposes of, this Act (other than Part 5 of Chapter 4 of this Act)”.

28  Subsection 29(3)

Renumber as subsection (2).

29  Subsection 30(2)

Omit “subsection 27(1)”, substitute “section 27”.

30  Subparagraph 54(2)(b)(ii)

Omit “section 53”, substitute “(2)”.

31  Subparagraph 58(c)(ii)

Omit “was informed, prior to making the election,”, substitute “has been informed”.

32  Subsection 75(3)

Repeal the subsection, substitute:

 (3) The classification assessment must be instead undertaken at a time that is both:

 (a) after the aged care needs assessment; and

 (b) on or after the start date included in a start notification for delivering funded aged care services to the individual under that classification type at an approved residential care home of a registered provider.

33  Subsection 81(4)

Omit “For classification levels in the classification type ongoing for the service group residential care, rules”, substitute “Rules”.

34  Subsection 82(1) (heading)

Omit “, assistive technology or home modifications”, substitute “or assistive technology”.

35  Subsection 82(1)

Omit “, assistive technology or home modifications”, substitute “or assistive technology”.

36  After subsection 82(1)

Insert:

Short‑term funded aged care services delivered through service group home modifications

 (1A) An individual may make an application for a classification assessment for the individual for the classification type short‑term for the service group home modifications if:

 (a) the individual has the classification type short‑term for the service group in effect; and

 (b) the individual considers a different classification level in the classification type for the service group should be approved for the individual; and

 (c) the funded aged care services are not being delivered under a specialist aged care program; and

 (d) the System Governor considers circumstances (if any) prescribed by the rules apply.

37  Section 84

Before “A prioritisation assessment”, insert “(1)”.

38  Subparagraph 84(b)(iii)

Omit “ongoing or”.

39  Subparagraph 84(b)(iv)

Omit “or short‑term”.

40  At the end of section 84

Add:

 (2) Despite subsection (1), a prioritisation assessment is not required to be undertaken in relation to an individual for a classification type for a service group if:

 (a) the classification type for the service group is ongoing for home support; and

 (b) the circumstances prescribed by the rules apply.

41  Paragraph 85(2)(a)

Omit “, assistive technology or home modifications”, substitute “or assistive technology, or for the classification type short‑term for the service group home modifications”.

42  Paragraph 85(2)(b)

Omit “or short‑term”.

43  Subsection 86(1)

Repeal the subsection, substitute:

General requirements

 (1) If the System Governor is given a prioritisation report for an individual for a classification type for a service group under section 85, the System Governor must establish a priority category for the individual for the classification type for the service group in accordance with any criteria, methods or procedures prescribed by the rules for the purposes of section 87.

44  Subsection 86(2)

Repeal the subsection.

45  Subsection 86(5) (heading)

Omit “or short‑term”.

46  Subsection 86(5)

Omit “or short‑term”.

47  Subsection 87(1)

Omit “paragraph 85(2)(a)”, substitute “subsection 86(1)”.

48  Subsection 87(2)

Omit “paragraph 85(2)(b)”, substitute “subsection 86(1)”.

49  Subsection 87(2)

Omit “or short‑term”.

50  Section 89

After “in effect until”, insert “the earliest of the following”.

51  Paragraph 89(a)

Repeal the paragraph, substitute:

 (a) for a classification type for the service group home support—the individual is allocated a full place under subsection 92(1) for that classification type for the service group;

 (aa) for a classification type for any other service group—the individual is allocated a place for the classification type for the service group under subsection 92(1);

52  At the end of section 89

Add:

Note: The effect of paragraph (a) is that an individual’s priority category decision remains in effect if an interim place has been allocated for the classification type for the service group home support.

53  Subsections 91(1) and (2)

Repeal the subsections, substitute:

 (1) The Minister must, in writing, determine a method for a financial year, that may be used at any time during that year, for working out the following:

 (a) the number of places available at that time to be allocated to individuals for each service group;

 (b) how many of the places mentioned in paragraph (a) for a service group are for allocation for a particular classification type (other than hospital transition) for the service group;

 (c) how many of the places mentioned in paragraph (b) for a particular classification type for a service group are for allocation for a particular classification level in the classification type;

 (d) if the service group is home support—how many of the places mentioned in paragraph (b) or (c) are for allocation as interim places or full places for the classification type or classification level.

 (2) Without limiting subsection (1), the method prescribed may be based on any of the following factors:

 (a) forecast demand for funded aged care services at the time and the forecast cost of those services at that time;

 (b) the appropriation for the financial year and how much of that appropriation is left at the time;

 (c) target average wait times for individuals with access approvals for a classification type for a service group who are seeking to access funded aged care services through the service group.

54  Subsection 91(4)

Omit “process and”.

54A  At the end of section 91

Add:

 (6) In making a determination under subsection (1) for the 2025‑26 financial year, the Minister must ensure that the method makes available:

 (a) a number of places equal to, or greater than, the guaranteed (tranche 1) number, for allocation to individuals for the service group home support by the end of 31 December 2025; and

 (b) at least an additional 43,000 places, for allocation to individuals for the service group home support by the end of 30 June 2026.

Note: This guarantees at least 83,000 services (whether home care packages or home support places) for recipients.

 (7) Nothing in subsection (6) limits the Minister’s powers under any of paragraphs (1)(b) to (d) in respect of the places mentioned in that subsection.

 (8) In this section:

guaranteed (tranche 1) number means the number worked out as follows:

 (a) 40,000; less

 (b) the following:

 (i) if the difference between the number of home care packages immediately before the commencement of the Aged Care Act 2024 and the number of home care packages immediately before the transition time is greater than or equal to 40,000—40,000;

 (ii) if the difference between the number of home care packages immediately before the commencement of the Aged Care Act 2024 and the number of home care packages immediately before the transition time is greater than zero but less than 40,000—that difference;

 (iii) otherwise—zero.

number of home care packages, at a time, means the number of home care packages under the Australian Government framework known as the National Priority System that were available and released to recipients at that time in accordance with determinations under subsection 23B‑1(1) of the Aged Care Act 1997.

transition time means the beginning of the day after the Aged Care and Other Legislation Amendment Act 2025 receives the Royal Assent.

55  Subsection 92(1)

After “If the System Governor considers”, insert “, at a time during a financial year, that”.

56  After subsection 92(1)

Insert:

 (1A) However, subsection (1) does not apply in relation to an individual and a classification type for a service group if:

 (a) the classification type for the service group is ongoing for home support; and

 (b) the circumstances prescribed by the rules apply.

57  Paragraphs 92(4)(b) and (c)

Repeal the paragraphs, substitute:

 (b) if the service group is residential care—the day the place is allocated; and

 (c) if the service group is home support, assistive technology or home modifications:

 (i) information about when the place takes effect or is taken to be withdrawn in accordance with section 92A; and

 (ii) for the service group home support—whether the place is an interim place or a full place.

58  Subsection 92(5)

Repeal the subsection.

58A  At the end of section 92

Add:

 (5) The System Governor’s power to allocate places to an individual under subsection (1) must be exercised in the 2025‑26 financial year so that:

 (a) a number of places equal to, or greater than, the guaranteed (tranche 1) number (within the meaning of section 91) are allocated to individuals for the service group home support by the end of 31 December 2025; and

 (b) at least an additional 43,000 places are allocated to individuals for the service group home support by the end of 30 June 2026.

Note: This ensures the 83,000 services (whether home care packages or home support places) guaranteed by subsection 91(6) are released.

 (6) If the System Governor fails to comply with paragraph (5)(a) or (b), the System Governor must give the Minister a written statement that sets out the reasons for the failure.

 (7) The System Governor must do so within 14 days of:

 (a) for a failure to comply with paragraph (5)(a)—31 December 2025; or

 (b) for a failure to comply with paragraph (5)(b)—30 June 2026.

 (8) The Minister must cause a copy of the statement to be tabled in each House of the Parliament within 15 sitting days of that House after the statement is given to the Minister.

59  After section 92

Insert:

92A  When a place is in effect

Home support, assistive technology or home modifications

 (1) A place allocated under subsection 92(1) to an individual for a classification type for the service group home support, assistive technology or home modifications takes effect on the start day for the individual included in a start notification given by a registered provider for the classification type for the service group.

 (2) Despite subsection (1), if the start day is not within the period prescribed by the rules, the place:

 (a) does not take effect; and

 (b) is taken to be withdrawn.

 (3) Despite subsection (1), if:

 (a) the place allocated to the individual is a full place for a classification type for the service group home support; and

 (b) an interim place is in effect for the individual for the classification type for the service group;

the full place takes effect on the day the System Governor gives notice to the individual of the allocation of the place under subsection 92(3).

 (4) A place allocated under subsection 92(1) to an individual for a classification type for the service group home support, assistive technology or home modifications ceases to have effect at the time prescribed by the rules.

Residential care

 (5) A place allocated under subsection 92(1) to an individual for a classification type for the service group residential care takes effect on the day the places is allocated to the individual and remains in effect until the individual dies.

60  Section 93

Repeal the section, substitute:

93  Method for allocation

 (1) The System Governor must determine in what order to allocate places to individuals under subsection 92(1) for a classification type for a service group or for a classification level for a classification type for a service group.

 (2) The rules may prescribe a method that the System Governor must follow in deciding the order of allocation under subsection (1) for a classification type for a service group or for a classification level for a classification type for a service group.

 (3) Without limiting subsection (1), a method prescribed for the purposes of subsection (2) for the allocation of a place to an individual for a classification type for a service group, or a classification level for a classification type for a service group, may be based on any of the following factors:

 (a) the individual’s priority category (if any) for the classification type;

 (b) the day the individual’s access approval for the classification type was given;

 (c) whether the individual has an interim place in effect for the classification type or the classification level;

 (d) the individual’s wait time for the allocation of a place for the classification type or the classification level;

 (e) whether the individual has informed the System Governor that the individual is not seeking access to funded aged care services for a specified period.

61  Subparagraph 111(3)(b)(i)

Omit “, which must be less than or equal to the number of beds stated in the certificate of occupancy for the home”.

62  Paragraph 112(1)(b)

Omit “, which must be less than or equal to the number of beds stated in the certificate of occupancy for the home”.

63  Section 146

Omit “conform”, substitute “comply”.

64  After section 150

Insert:

150A  Refundable deposit register

 (1) It is a condition of registration that a registered provider of a kind prescribed by the rules:

 (a) establish and maintain, in accordance with any requirements prescribed by the rules, a register (a refundable deposit register) that includes the information or records prescribed by the rules relating to refundable deposits, accommodation bonds or entry contributions paid to, or held by, the registered provider; and

 (b) do so in a manner consistent with the requirements in section 168.

 (2) Without limiting subsection (1), the rules may prescribe that information or records relating to the following be included in the refundable deposit register:

 (a) information relating to the payment of a refundable deposit, accommodation bond or entry contribution;

 (b) information relating to amounts deducted from a refundable deposit balance, accommodation bond balance or entry contribution balance;

 (c) information relating to refunds of a refundable deposit balance, accommodation bond balance or entry contribution balance.

65  Section 152

Before “It”, insert “(1)”.

66  At the end of section 152

Add:

 (2) Without limiting subsection (1), worker screening requirements prescribed by rules made for the purposes of paragraph (1)(a) or (b) may include requirements relating to aged care workers whose normal duties include the direct delivery to an individual of a funded aged care service specified in an instrument in force under subsection (3).

 (3) The Commissioner may, by notifiable instrument, specify funded aged care services for the purposes of subsection (2).

67  Section 166

Repeal the section, substitute:

165A  Reports about reportable incidents

Requirement to report

 (1) A registered provider of a kind prescribed by the rules must, if the rules prescribe that reports relating to reportable incidents must be given to the Commissioner, report reportable incidents to the Commissioner in accordance with this section.

 (2) A report under subsection (1) must:

 (a) be in the approved report form; and

 (b) be prepared, and given, in accordance with any other requirements prescribed by the rules.

Note: For approved report form, see section 166A.

Civil penalty

 (3) An entity contravenes this subsection if:

 (a) the entity is a registered provider; and

 (b) the entity fails to comply with subsection (1).

Note: A registered provider may commit an offence or contravene a civil penalty provision if the provider gives false or misleading information or documents (see Part 7.4 of the Criminal Code and section 591 of this Act).

Civil penalty: 250 penalty units.

166  Other reports by registered providers

Requirement to report

 (1) A registered provider of a kind prescribed by the rules must, if the rules prescribe that a report must be given to one of the following persons, give a report to that person in accordance with this section:

 (a) the Commissioner;

 (b) the Complaints Commissioner;

 (c) the Inspector‑General of Aged Care;

 (d) the System Governor;

 (e) the Pricing Authority.

 (2) A report under subsection (1) must:

 (a) if the rules prescribe information that must be included in the report:

 (i) include that information; and

 (ii) be in the approved report form (if any); and

 (b) if paragraph (a) does not apply—be in the approved report form; and

 (c) in any case—be prepared, and given, in accordance with any other requirements prescribed by the rules.

Note: For approved report form, see section 166A.

Prescribed information

 (3) Without limiting paragraph (2)(a), the rules may prescribe information relating to any of the following:

 (a) complaints and feedback received by a registered provider;

 (b) the workforce, and governance, of a registered provider;

 (c) compliance by a registered provider with requirements relating to nursing services;

 (d) locations at which funded aged care services are delivered by a registered provider;

 (e) specified groups of individuals to whom a registered provider is delivering funded aged care services;

 (f) how specified funded aged care services are delivered;

 (g) specified financial and prudential matters.

Prescribed requirements relating to preparing and giving reports

 (4) Without limiting paragraph (2)(c), the rules may prescribe requirements relating to either of the following:

 (a) the collection or generation of information prescribed for the purposes of paragraph (2)(a) (including requirements relating to making particular measurements or assessments in connection with that collection or generation);

 (b) reporting periods and the timeframes within which a report must be given in relation to those reporting periods (including by providing that a prescribed reporting period or timeframe is subject to an exemption determined by the System Governor in accordance with the rules).

Requirement to publish reports

 (5) If the rules prescribe that a report given by a registered provider under subsection (1) must be published, the registered provider must publish the report in accordance with any requirements prescribed by the rules.

Civil penalty

 (6) An entity contravenes this subsection if:

 (a) the entity is a registered provider; and

 (b) the entity fails to comply with subsection (1) or (5).

Note: A registered provider may commit an offence or contravene a civil penalty provision if the provider gives false or misleading information or documents (see Part 7.4 of the Criminal Code and section 591 of this Act).

Civil penalty: 250 penalty units.

166A  Approved report forms—section 165A and 166 reports

When a report is in the approved report form

 (1) A report under section 165A or 166 is in the approved report form if:

 (a) it is in a form approved under subsection (2) or (3) of this section for that kind of report by the person (the report recipient) to whom the report is required to be given; and

 (b) it contains the information that the form requires, and any further information, statement or document as the report recipient requires, whether in the form or otherwise; and

 (c) it is given in the manner that the report recipient requires (which may include electronically).

Approval of forms

 (2) The Commissioner may, in writing, approve a form for a kind of report under section 165A.

 (3) Any of the following persons may, in writing, approve a form for a kind of report under section 166:

 (a) the Commissioner;

 (b) the Complaints Commissioner;

 (c) the Inspector‑General of Aged Care;

 (d) the System Governor;

 (e) the Pricing Authority.

 (4) More than one kind of report may be combined in the same form approved under subsection (2) or (3).

 (5) More than one form may be approved under subsection (2) or (3) for the same kind of report.

 (6) A different form may be approved under subsection (2) or (3) for a kind of report for different circumstances.

Publication of approved report forms and requirements

 (7) If a form is approved under subsection (2) or (3), the person who approved the form must cause the following to be published on the Department’s website:

 (a) the form;

 (b) any requirements mentioned in paragraphs (1)(b) and (c) relating to the kind of report that are not included in the form.

68  Paragraph 175(2)(b)

After “home”, insert “only”.

69  After section 178

Insert:

178A  Offences relating to non‑permitted use of accommodation bonds

Offence for registered provider

 (1) An entity commits an offence if:

 (a) the entity is a registered provider; and

 (b) the entity uses an accommodation bond; and

 (c) the use of the accommodation bond is not permitted by rules made for the purposes of paragraph 287(3)(a); and

 (d) at a particular time during the period of 5 years after the use of the accommodation bond, both of the following apply:

 (i) an insolvency event (within the meaning of the Aged Care (Accommodation Payment Security) Act 2006) occurs in relation to the entity;

 (ii) there is at least one outstanding accommodation payment balance (within the meaning of that Act) for the entity.

Penalty: 300 penalty units.

Offence for responsible persons

 (2) A person commits an offence if:

 (a) the person is a responsible person of a registered provider (the entity); and

 (b) the entity uses an accommodation bond; and

 (c) the use of the accommodation bond is not permitted by rules made for the purposes of paragraph 287(3)(a); and

 (d) the person knew that, or was reckless or negligent as to whether:

 (i) the accommodation bond would be used; and

 (ii) the use of the accommodation bond was not permitted; and

 (e) the person was in a position to influence the conduct of the entity in relation to the use of the accommodation bond; and

 (f) the person failed to take all reasonable steps to prevent the use of the accommodation bond; and

 (g) at a particular time during the period of 5 years after the use of the accommodation bond, both of the following apply:

 (i) an insolvency event (within the meaning of the Aged Care (Accommodation Payment Security) Act 2006) occurs in relation to the entity;

 (ii) there is at least one outstanding accommodation payment balance (within the meaning of that Act) for the entity; and

 (h) at the time the accommodation bond was used, the entity was a corporation.

Penalty: Imprisonment for 2 years.

Strict liability

 (3) Strict liability applies to paragraphs (1)(d) and (2)(g) and (h).

70  Subsection 189(1) (note)

Omit “165 and 166”, substitute “165, 165A and 166”.

71  Section 190 (after the paragraph beginning “Part 4”)

Insert:

Part 4 makes provision for that Part not applying in relation to individuals included in a class of individuals prescribed by the rules. The rules may, in relation to the delivery of certain funded aged care services to these individuals, prescribe different requirements that relate to accommodation bonds, accommodation charges or entry contributions.

72  Subsection 191(1)

Omit “A registered”, substitute “The System Governor must determine that a registered”.

73  Subsection 191(1)

Omit “the System Governor is reasonably satisfied”.

74  Subsection 191(1)

Omit “subsections (2) and (3)”, substitute “subsections (2), (3) and (4)”.

75  Paragraph 191(2)(c)

After “section 92”, insert “and the place is in effect”.

76  Paragraph 191(2)(e)

Repeal the paragraph.

77  At the end of section 191

Add:

 (4) The requirement is that:

 (a) unless paragraph (b) applies—the day is on or after the start day specified in a start notification given by the registered provider for delivering ongoing or short‑term funded aged care services to the individual for the service group through a service delivery branch of the provider; or

 (b) if the rules prescribe circumstances for the purposes of this paragraph—those circumstances apply.

78  Subsection 192(1)

After “on a day”, insert “in a quarter”.

79  Subsection 192(1) (method statement, steps 3, 4, 5, 6 and 7 and the final sentence)

Repeal the steps and the sentence, substitute:

The result is the amount of subsidy for which the registered provider is eligible for the individual for the service for the day.

80  Subsection 192(2) (method statement, steps 3, 4, 5, 6 and 7 and the final sentence)

Repeal the steps and the sentence, substitute:

The result is the amount of subsidy for which the registered provider is eligible for the individual for the service for the day.

81  Section 193

Repeal the section, substitute:

193  Available ongoing home support quarterly account balance

Quarterly ongoing home support accounts

 (1) A notional ongoing home support account is established for an individual for the quarter (the first quarter) in which an entry day for the individual occurs for the classification type ongoing for the service group home support, and each subsequent quarter, unless circumstances prescribed by the rules apply.

Initial credit for account for first quarter

 (2) The following is credited to the account for the first quarter at the start of the individual’s entry day:

 (a) the base individual amount for the individual for the classification type for the service group for the individual for that day multiplied by the remaining days in the quarter (including that day);

 (b) the sum of any primary person‑centred supplements for the classification type for the service group that apply to the individual on that day multiplied by the remaining days in the quarter (including that day).

Initial credit for accounts for subsequent quarters

 (3) For an account for a quarter other than the first quarter, the following is credited to the account at the start of the first day of that quarter:

 (a) the base individual amount for the individual for the classification type for the service group for that day multiplied by the days in the quarter;

 (b) the sum of any primary person‑centred supplements for the classification type for the service group that apply to the individual on the day multiplied by the days in the quarter.

Rollover credits

 (4) For an account for a quarter other than the first quarter, the amount prescribed by the rules is credited to the account at the earlier of the following:

 (a) if the registered provider gives the System Governor notice that the provider has made the provider’s final claim for subsidy for the previous quarter—the day that claim is approved under subsection 251(4);

 (b) the day that is 61 days after the last day of the previous quarter.

Credit due to change in classification or full place coming into effect

 (5) If:

 (a) either:

 (i) a decision by the System Governor comes into effect for the individual for the classification type ongoing for the service group home support on a day in a quarter that is after the entry day for the individual; or

 (ii) a full place comes into effect for the individual for that classification type and service group on a day in a quarter that is after that entry day; and

 (b) the base individual amount (the new base individual amount) for the individual for the classification type for the service group is higher as a result of that decision or that place coming into effect;

the account for that quarter is credited with the amount that is the difference between the new base individual amount and the base individual amount for the individual for the classification type ongoing for the service group home support that applied before the decision or place came into effect multiplied by the remaining days in the quarter (including that day).

Credit due to primary person‑centred supplement applying

 (6) If a primary person‑centred supplement for the classification type ongoing for the service group home support starts to apply to the individual on a day in a quarter that is after the entry day for the individual, the amount of that person‑centred supplement for the day multiplied by the remaining days in the quarter (including that day) is credited to the account for the quarter.

Debits

 (7) If a claim is made under section 251 for person‑centred subsidy for the delivery of an ongoing funded aged care service to the individual on a day, the account is debited in accordance with section 251B immediately after the claim is approved under subsection 251(4).

 (8) To avoid doubt, the time at which the account is debited may be a time after the end of the quarter to which the claim relates.

Rules may prescribe circumstances for no credits

 (9) Despite subsection (3), (4), (5) or (6), the rules may prescribe circumstances in which a credit which would otherwise be required under that subsection is not to be made.

Ceasing of accounts

 (10) A notional ongoing home support account for a quarter ceases in the circumstances prescribed by the rules.

82  Subsection 195(2)

Repeal the subsection.

83  Paragraphs 195(3)(a) and (b)

Omit “the number of days in the maximum period of effect for the individual’s classification level for the classification type for the service group”, substitute “the number of days in the period prescribed by the rules (which must not be longer than the maximum period of effect for the individual’s classification level for the classification type for the service group)”.

84  After subsection 195(3)

Insert:

Credit due to circumstances prescribed by the rules applying

 (3A) If the circumstances prescribed by the rules apply in relation to the individual, at the start of a day prescribed by the rules the amount prescribed by the rules is credited to the account.

 (3B) Without limiting subsection (3A), rules made for the purposes of that subsection may provide that the System Governor may determine the amount for the individual in accordance with the rules.

 (3C) If a determination made by the System Governor under rules made for the purposes of subsection (3A) is made in writing, the determination is not a legislative instrument.

85  Subsection 195(4)

Omit “at the start of the day”.

86  Subsections 195(5) and (6)

Repeal the subsections, substitute:

Debits

 (5) If a claim is made under section 251 for person‑centred subsidy for the delivery of a short‑term funded aged care service to the individual, the account is debited in accordance with section 251B immediately after the claim is approved under subsection 251(4).

 (6) To avoid doubt, the time the account is debited may be a time after the end of the relevant period to which the claim relates.

87  Before paragraph 197(3)(a)

Insert:

 (aa) circumstances that include that the System Governor has made a determination about particular matters; and

88  At the end of section 197

Add:

 (5) If a determination made by the System Governor under rules made for the purposes of subsection (2) is made in writing, the determination is not a legislative instrument.

89  Section 201

Repeal the section, substitute:

201  Eligibility for provider‑based subsidy

  A registered provider is eligible for provider‑based subsidy for an ongoing funded aged care service delivered by the registered provider to an individual on a day if:

 (a) the requirements in paragraphs 191(2)(a), (b), (c), (d), (g), (h) and (i) are met in relation to the funded aged care service and the individual; and

 (b) the requirements in subsection 191(3) are met in relation to the funded aged care service and the individual; and

 (c) the funded aged care service is prescribed by the rules.

90  Section 202 (method statement, step 3 and the final sentence including paragraphs (a) and (b))

Repeal the step and the sentence, substitute:

The result is the amount of provider‑based subsidy for which the registered provider is eligible for the individual for the service for the day.

91  Section 203

Repeal the section, substitute:

203  Available service delivery branch financial year account balance

Service delivery branch account

 (1) A notional service delivery branch account for a registered provider for a service delivery branch of the provider is established:

 (a) for the financial year (the first financial year) for which the start day (the initial account start day) included in the first start notification given for any individual (the first individual) for the delivery of ongoing funded aged care services through the service group home support to the individual through the service branch occurs; and

 (b) for each subsequent financial year (unless circumstances prescribed by the rules apply).

Credits—first and second quarters of active operation

 (2) For the first quarter (the first quarter of operation) in the first financial year or the subsequent quarter (the second quarter of operation) the amount referred to in subsection (3) is credited to the account for the financial year in which the quarter occurs in relation to each individual (including the first individual) to whom both of the following apply on a day in the quarter:

 (a) the registered provider gives a start notification for the individual for the classification type ongoing for the service group home support on that day;

 (b) the individual’s start day included in that notification is on or before that day.

 (3) The amount is the sum of:

 (a) the base provider amount for the individual, multiplied by the number of days prescribed by the rules; and

 (b) the amount of any provider‑based supplements that apply to the provider in relation to the individual, multiplied by the number of days prescribed by the rules.

Credits—subsequent quarters

 (4) At the start of the first day of a quarter in a financial year (other than the first quarter of operation or second quarter of operation), the following is credited to the account:

 (a) the sum of the base provider amount for each individual covered by subsection (5) for the quarter, multiplied by the number of days in the quarter;

 (b) the sum of any provider‑based supplements that apply to the provider in relation to an individual covered by subsection (5) for the quarter, multiplied by the number of days in the quarter.

 (5) An individual is covered by this subsection for a quarter (the relevant quarter) if:

 (a) the registered provider has given, at a time in any previous quarter during which the account has existed, a start notification for the individual for the classification type ongoing for the service group home support and that time is before the time (the test time) prescribed by the rules in the quarter immediately before the relevant quarter; and

 (b) the individual’s start day included in that notification was on or before the day the notification was given; and

 (c) any other requirements prescribed by the rules are met.

Credit due to change in classification, or change from interim to full place, of individual to whom services are being delivered through service delivery branch

 (6) If:

 (a) either of the following apply in relation to an individual for a day that is on or after the initial account start day:

 (i) a new classification level for the classification type ongoing for the service group home support comes into effect for the individual on the day;

 (ii) a full place comes into effect for the individual for the classification type ongoing for the service group home support on the day; and

 (b) the base individual amount (the new base individual amount) for the individual for the classification type for the service group is higher as a result of that classification level or place coming into effect;

the account for the financial year in which that day occurs is credited with the difference between the new base individual amount and the base individual amount for the individual for the classification type for the service group that applied before the classification level or full place came into effect, multiplied by the remaining days in the quarter in which the day occurs (including that day).

Credit for provider‑based supplement starting to apply

 (7) If a provider‑based supplement starts applying to the provider in relation to an individual:

 (a) for an individual to whom subsection (2) applies—on a day in the first quarter of operation or second quarter of operation that is after the day the registered provider gives a start notification for the individual; or

 (b) for an individual to whom subsection (4) applies for a quarter—on a day in that quarter;

the account for the financial year in which the quarter occurs is credited with the amount of that provider‑based supplement for the day multiplied by the number of days prescribed by the rules.

Rollover credit

 (8) For an account for a financial year other than the first financial year of operation, if the circumstances prescribed by the rules apply, then the amount prescribed by the rules for those circumstances is credited to the account at the earlier of the following:

 (a) if the registered provider gives the System Governor notice that the provider has made the provider’s final claim for subsidy for the previous financial year—the day that claim is approved under subsection 251(4);

 (b) the day that is 61 days after the last day of the previous financial year.

Debits

 (9) If a claim is made under section 251 for provider‑based subsidy for the delivery of an ongoing funded aged care service to an individual through the service delivery branch on a day, the account is debited in accordance with section 251B immediately after the claim is approved under subsection 251(4).

 (10) To avoid doubt, the time the account is debited may be a time after the end of the financial year to which the claim relates.

Ceasing of accounts

 (11) An account for a financial year ceases in circumstances prescribed by the rules.

92  Section 204

Omit “subsection 203(3)”, substitute “subsection 203(5) for a quarter”.

93  Subsection 209(1)

Omit “A registered”, substitute “The System Governor must determine that a registered”.

94  Subsection 209(1)

Omit “the System Governor is reasonably satisfied”.

95  Subsection 209(1)

Omit “subsection (2) and (3)”, substitute “subsections (2), (3) and (4)”.

96  Paragraph 209(2)(c)

After “section 92”, insert “and the place is in effect”.

97  Paragraph 209(2)(e)

Repeal the paragraph.

98  At the end of section 209

Add:

 (4) The requirement is that:

 (a) unless paragraph (b) applies—the day is on or after the start day specified in a start notification given by the registered provider for delivering ongoing or short‑term funded aged care services to the individual for the service group through a service delivery branch of the provider; or

 (b) if the rules prescribe circumstances for the purposes of this paragraph—those circumstances apply.

99  Section 210 (method statement, steps 3, 4, 5, 6 and 7 and the final sentence)

Repeal the steps and the sentence, substitute:

The result is the amount of subsidy for which the registered provider is eligible for the individual for the service for the day.

100  Subsection 211(2)

Repeal the subsection.

101  Subsection 211(5)

Omit “at the start of the day”.

102  Subsections 211(6) and (7)

Repeal the subsections, substitute:

Debits

 (6) If a claim is made under section 251 for person‑centred subsidy for the delivery of an ongoing or short‑term funded aged care service through the service group to the individual on a day in the account period, the account is debited in accordance with section 251B immediately after the claim is approved under subsection 251(4).

103  Before paragraph 214(3)(a)

Insert:

 (aa) circumstances that include that the System Governor has made a determination about particular matters; and

104  At the end of section 214

Add:

 (5) If a determination made by the System Governor under rules made for the purposes of subsection (2) is made in writing, the determination is not a legislative instrument.

105  Subsection 218(1)

Omit “A registered”, substitute “The System Governor must determine that a registered”.

106  Subsection 218(1)

Omit “, the System Governor is reasonably satisfied”.

107  Subsection 218(1)

Omit “subsection (2) and (3)”, substitute “subsections (2), (3) and (4)”.

108  Paragraph 218(2)(c)

After “section 92”, insert “and the place is in effect”.

109  Subparagraph 218(2)(d)(i)

Omit “ongoing or”.

110  Paragraph 218(2)(e)

Repeal the paragraph.

111  At the end of section 218

Add:

 (4) The requirement is that:

 (a) unless paragraph (b) applies—the day is on or after the start day specified in a start notification given by the registered provider for delivering short‑term funded aged care services to the individual for the service group through a service delivery branch of the provider; or

 (b) if the rules prescribe circumstances for the purposes of this paragraph—those circumstances apply.

112  Section 219

Omit “an ongoing or”, substitute “a”.

113  Section 219 (method statement, steps 3, 4, 5, 6 and 7 and the final sentence)

Repeal the steps and the sentence, substitute:

The result is the amount of subsidy for which the registered provider is eligible for the individual for the service for the day.

114  Subsection 220(1)

Omit “ongoing or”.

115  Subsection 220(2)

Repeal the subsection.

116  Subsection 220(4)

Omit “at the start of the day”.

117  Subsections 220(5) and (6)

Repeal the subsections, substitute:

Debits

 (5) If a claim is made under section 251 for person‑centred subsidy for the delivery of a short‑term funded aged care service through the service group home modifications to the individual on a day in the account period, the account is debited in accordance with section 251B immediately after the claim is approved under subsection 251(4).

118  Before paragraph 223(3)(a)

Insert:

 (aa) circumstances that include that the System Governor has made a determination about particular matters; and

119  At the end of section 223

Add:

 (5) If a determination made by the System Governor under rules made for the purposes of subsection (2) is made in writing, the determination is not a legislative instrument.

120  Section 224

Omit “ongoing or”.

121  At the end of subsection 226A(1)

Add:

 ; and (c) neither section 21F nor section 21JB of those Principles applied in relation to the Commonwealth portion of that amount (whether or not the Commonwealth portion had become due and payable to the Commonwealth).

122  Subsection 226A(2)

Repeal the subsection.

123  Subsections 226A(4) and (5)

Repeal the subsections, substitute:

Debits for claims

 (4) If a claim is made under section 251 for person‑centred subsidy for the delivery of a funded aged care service to the individual on a day, the unspent Commonwealth portion is debited (if at all) in accordance with section 251B immediately after the claim is approved under subsection 251(4).

124  At the end of section 226B

Add:

 (4) The provider must return the available balance of the unspent Commonwealth portion for the individual to the Commonwealth:

 (a) within the period prescribed by the rules after the day the notice of the election is given to the System Governor; and

 (b) in accordance with any other requirements prescribed by the rules.

Note: If the available balance is not returned to the Commonwealth in accordance with this section, it may be a recoverable amount: see subsection 514(3).

125  Paragraph 226C(2)(b)

Repeal the paragraph, substitute:

 (b) return the available balance of the unspent Commonwealth portion for the individual to the Commonwealth:

 (i) within the period prescribed by the rules after the cessation; and

 (ii) in accordance with any other requirements prescribed by the rules.

126  At the end of subsection 226C(2)

Add:

Note: If the available balance is not returned to the Commonwealth in accordance with this section, it may be a recoverable amount: see subsection 514(3).

127  Paragraph 226D(2)(b)

Repeal the paragraph, substitute:

 (b) return the available balance of the unspent Commonwealth portion for the individual to the Commonwealth:

 (i) within the period prescribed by the rules after the cessation; and

 (ii) in accordance with any other requirements prescribed by the rules.

128  At the end of subsection 226D(2)

Add:

Note: If the available balance is not returned to the Commonwealth in accordance with this section, it may be a recoverable amount: see subsection 514(3).

129  Subsection 226E(1)

Repeal the subsection, substitute:

Home care account

 (1) A notional home care account is established for an individual at the transition time if:

 (a) immediately before the transition time:

 (i) the individual had a home care account under the old Act; and

 (ii) the home care account balance of that account under the old Act was not zero; or

 (b) at the transition time, a registered provider holds an unspent Commonwealth portion for the individual under section 226A.

130  Subsection 226E(2)

Repeal the subsection.

131  Subsection 226E(3)

Repeal the subsection, substitute:

Initial credit

 (3) At the transition time, the amount that, immediately before the transition time, is recorded in the information technology system relating to aged care payments operated by Services Australia as the amount of the individual’s home care account balance is credited to the account.

132  Subsections 226E(7), (8) and (9)

Repeal the subsections, substitute:

Debits for claims

 (7) If a claim is made under section 251 for person‑centred subsidy for the delivery of a funded aged care service to the individual on a day, the account is debited (if at all) in accordance with section 251B immediately after the claim is approved under subsection 251(4).

Debit to zero in prescribed circumstances

 (8) If circumstances prescribed by the rules apply to the individual on a day, the account is reduced to zero on that day.

Ceasing of account

 (9) The account ceases in the circumstances prescribed by the rules.

133  Division 4 of Part 2 of Chapter 4 (heading)

Repeal the heading, substitute:

Division 4—Subsidy for residential care—general

Subdivision AA—When this Division does not apply

227A  Division (other than section 227) not to apply to individuals in prescribed classes

  This Division (other than section 227) does not apply in relation to an individual accessing ongoing funded aged care services through the service group residential care if the individual is in a class of individuals prescribed by the rules.

Note: For the amount of subsidy for residential care for these individuals, see Division 4A.

134  Subsection 227(1)

Omit “A registered”, substitute “Subject to subsections (3) and (4), the System Governor must determine that a registered”.

135  Subsection 227(1)

Omit “the System Governor is reasonably satisfied the requirements in subsections (2) to (4) are met”, substitute “the requirements in subsections (2) and (2A) are met”.

136  Subsection 227(2)

After “The requirements are”, insert “that on the day”.

137  Paragraph 227(2)(c)

After “section 92”, insert “and the place is in effect”.

138  Paragraph 227(2)(e)

Repeal the paragraph.

139  After subsection 227(2)

Insert:

 (2A) The requirement is that:

 (a) unless paragraph (b) applies—the day is on or after the start day specified in a start notification given by the registered provider for delivering ongoing or short‑term funded aged care services to the individual for the service group at an approved residential care home of the provider; or

 (b) if the rules prescribe circumstances for the purposes of this paragraph—those circumstances apply.

140  Subsection 227(3)

Omit “Despite subsection (1), a”, substitute “The System Governor must determine that a”.

141  Subsection 227(3)

Omit “the System Governor is reasonably satisfied that”.

142  Subsection 227(4)

Omit “Despite subsection (1), a”, substitute “The System Governor must determine that a”.

143  Subsection 227(4)

Omit “the System Governor is reasonably satisfied that”.

144  Subsection 227(5)

Omit “a particular day”, substitute “the day”.

145  Paragraph 230(1)(a)

Repeal the paragraph, substitute:

 (a) for the ongoing classification type:

 (i) the accommodation supplement; and

 (ii) the hotelling supplement; and

 (aa) for the short‑term classification type—the hotelling supplement; and

146  Before paragraph 231(3)(a)

Insert:

 (aa) circumstances that include that the System Governor has made a determination about particular matters; and

147  At the end of section 231

Add:

 (5) If a determination made by the System Governor under rules made for the purposes of subsection (2) is made in writing, the determination is not a legislative instrument.

148  Subsection 234(5)

After “determined” (second occurring), insert “in”.

149  Subsection 235(1) (method statement, step 2)

Omit “see subsection (4)”, substitute “see subsection (3)”.

150  Subsection 235(6)

Repeal the subsection.

151  At the end of section 239

Add:

 (3) Without limiting subsection (2), circumstances prescribed for a provider‑based supplement may include circumstances relating to any of the following:

 (a) characteristics of the approved residential care home in which the service was delivered (such as its location and number of beds);

 (b) the number of other individuals to whom the registered provider delivered funded aged care services at the approved residential care home during a particular period (whether or not that period includes the day, and whether or not the funded aged care services were provided during that period to the individual in relation to whom the supplement applies);

 (c) information provided to the System Governor in relation to the registered provider’s compliance with one or more of the following in relation to the approved residential care home for a particular period (whether or not that period includes the day):

 (i) a condition of the registered provider’s registration under Division 1 of Part 4 of Chapter 3;

 (ii) an obligation of the registered provider under Division 2 of that Part.

 (4) Before the Minister makes rules prescribing circumstances for the purposes of paragraph (2)(a), the Minister must be reasonably satisfied that additional funding will assist those registered providers to improve, or maintain, compliance with any of the following in relation to the delivery of funded aged care services to individuals at the approved residential care home:

 (a) a condition of registration under Division 1 of Part 4 of Chapter 3 that applies to those providers;

 (b) an obligation under Division 2 of that Part that applies to those providers.

152  Subsection 242(5)

Repeal the subsection.

153  After Subdivision D of Division 4 of Part 2 of Chapter 4

Insert:

Division 4A—Amount of subsidy for residential care—individuals in prescribed classes

242A  Eligibility for subsidy

 (1) A registered provider is eligible for subsidy for a funded aged care service delivered by the registered provider to an individual in a class of individuals prescribed by rules made for the purposes of section 227A through the service group residential care on a day if the System Governor is reasonably satisfied the requirements in subsections (2) to (4) are met.

General requirements

 (2) The requirements are:

 (a) the registered provider’s registration is in effect and covers the funded aged care service; and

 (b) the individual has an access approval that is in effect that covers the funded aged care service; and

 (c) the individual has been allocated a place for the classification type for the service group under section 92; and

 (d) the individual has a classification level in effect for the classification type ongoing or short‑term for the service group; and

 (e) either:

 (i) the registered provider has given a start notification for delivering ongoing or short‑term funded aged care services to the individual through the service group at an approved residential care home of the provider; or

 (ii) circumstances prescribed by the rules apply; and

 (f) the funded aged care service is not being delivered to the individual under a specialist aged care program; and

 (g) the individual is not excluded (see subsection (5)).

Circumstances where registered provider not eligible

 (3) Despite subsection (1), a registered provider is not eligible for subsidy for a day for the service group residential care for an individual if the System Governor is reasonably satisfied that:

 (a) the registered provider ceased delivering funded aged care services through the service group to the individual in an approved residential care home on that day (and that day is a different day to the day the provider started delivering those services); and

 (b) no other registered provider subsequently started delivering funded aged care services through the service group to the individual in another approved residential care home on that day.

 (4) Despite subsection (1), a registered provider is not eligible for subsidy for a day for the service group residential care for an individual if the System Governor is reasonably satisfied that:

 (a) the provider started delivering funded aged care services though the service group to the individual in an approved residential care home on the day; and

 (b) the provider was not the first registered provider to start delivering funded aged care services through the service group to the individual in an approved residential care home on the day.

Excluded individuals

 (5) For the purposes of paragraph (2)(g), an individual is excluded in relation to funded aged care services delivered to the individual by a registered provider through the service group residential care in an approved residential care home on a particular day if:

 (a) the number of individuals to whom the registered provider delivered funded aged care services through that service group in that home during that day exceeds the total number of beds covered by the registered provider’s registration for that home (as reduced by any offline beds for that home); and

 (b) the individual is in the group of one or more individuals who comprise the excess based on working back from the most recent individual to enter the approved residential care home.

242B  Amount of subsidy

  The amount of subsidy a registered provider is eligible for under section 242A for an ongoing funded aged care service delivered to an individual in a class of individuals prescribed by rules made for the purposes of section 227A through the service group residential care on a day is the amount prescribed by the rules for that class of individuals.

154  Subdivision E of Division 4 of Part 2 of Chapter 4 (heading)

Repeal the heading, substitute:

Division 4B—Approved residential care homes with specialised status and leave from approved residential care homes

155  Subsection 243(3)

Repeal the subsection, substitute:

 (3) The System Governor must consider an application made by a registered provider under subsection (1) and decide:

 (a) whether to determine that the approved residential care home has specialised status; and

 (b) if determining that the approved residential care home has specialised status—the period, not exceeding the period referred to in paragraph (5)(c), for which the determination has effect.

156  Paragraph 243(4)(a)

After “the decision”, insert “, including the period of effect for the determination”.

157  At the end of subsection 243(5)

Add:

 ; and (c) the maximum period of effect for such a determination.

158  After section 243

Insert:

243A  Revoking specialised status determinations

Revocation on initiative of System Governor

 (1) The System Governor may, by written notice given to a registered provider, revoke a determination made under subsection 243(3) in relation to the registered provider and an approved residential care home if circumstances prescribed by the rules apply.

Revocation on request

 (2) A registered provider may, by written notice given to the System Governor, request the System Governor to revoke a determination made under subsection 243(3) in relation to the registered provider and an approved residential care home.

 (3) The System Governor must revoke a determination for which a request is given under subsection (2) and give written notice to the registered provider of the revocation.

Notice requirements

 (4) A notice given under subsection (1) or (3) must specify the day the revocation takes effect (which must not be earlier than the day the notice is given).

159  Subdivision F of Division 4 of Part 2 of Chapter 4 (heading)

Repeal the heading.

160  Subsection 244(2)

Omit “for the purposes of this Division”, substitute “for the purposes of this Act”.

161  Paragraph 244(7)(b)

Omit “subsections (4), (5), (6) or (7)”, substitute “subsections (3), (4), (5) or (6)”.

162  After subsection 247(1)

Insert:

 (1A) To avoid doubt, paragraph (1)(a) does not prevent there being one or more other parties to the agreement.

163  Paragraph 247(4)(c)

Renumber as paragraph (b).

164  Paragraph 249(2)(a)

Repeal the paragraph.

165  Sections 250 and 251

Repeal the sections, substitute:

250  Payment of subsidy

 (1) Subsidy is payable by the Commonwealth to a registered provider if:

 (a) the registered provider is eligible for subsidy under section 191, 201, 209 or 218 for a funded aged care service delivered to an individual on a day; and

 (b) the registered provider gives the System Governor a claim for that subsidy in accordance with section 251.

Note: Subsidy is not payable to the extent that there are insufficient funds in an individual’s relevant notional account: see section 251A.

 (2) Subsidy payable in relation to individuals to whom funded aged care services were delivered through each service delivery branch of a registered provider is separately payable by the Commonwealth.

 (3) If the full amount of subsidy for which a registered provider is eligible under section 191, 201, 209 or 218 for a funded aged care service delivered to an individual on a day is not payable because of the previous operation of section 251A in relation to the subsidy, the registered provider remains eligible for so much of the full amount of subsidy as remains unpaid.

Note: If additional credits are made to the individual’s relevant notional account or the registered provider’s relevant notional service delivery branch account, the unpaid amount may become payable in accordance with subsection (1) if an additional claim is made for that unpaid amount.

251  Claims for subsidy

 (1) For the purposes of obtaining payment, a registered provider must give to the System Governor a claim, in an approved form, for any subsidy that is payable, for the relevant period for the subsidy, to the registered provider under section 250 for a funded aged care service delivered to an individual through a service delivery branch of the registered provider during the relevant period.

 (2) The relevant period is:

 (a) for person‑centred subsidy for an ongoing funded aged care service delivered to an individual through the service group home support—a quarter; and

 (b) for provider‑based subsidy for an ongoing funded aged care service delivered to an individual through the service group home support—a financial year; and

 (c) for subsidy for a short‑term funded aged care service delivered to an individual through the service group home support—the maximum period of effect for the individual’s classification level for the classification type for the service group; and

 (d) for subsidy for ongoing funded aged care services delivered to an individual through the service group assistive technology—the period prescribed by the rules; and

 (e) for subsidy for short‑term funded aged care services delivered to an individual through the service group assistive technology or home modifications—the maximum period of effect for the individual’s classification level for the classification type for the service group.

 (3) The claim must be given to the System Governor before the end of:

 (a) whichever of the following periods ends first:

 (i) the period of 60 days after the end of the relevant period;

 (ii) the period of 60 days after an event prescribed by the rules occurs; or

 (b) if the System Governor determines a longer period for the claim than would otherwise apply under paragraph (a)—that longer period.

Note: Because the claim must be given before the end of the period applicable under this subsection, it can be given at any time before the end of that period, including during the relevant period

 (4) The System Governor must approve the claim for any subsidy that is payable to the registered provider, and give the registered provider a payment summary relating to the claim, as soon as reasonably practicable after the claim is given to the System Governor under subsection (1), unless the System Governor gives a written notice under section 252 to the registered provider in relation to the claim (which deals with registered providers who are not eligible).

 (5) To avoid doubt, for the purposes of this section:

 (a) multiple claims can be made for a single relevant period; and

 (b) claims for multiple days in the same relevant period can be included in a single claim; and

 (c) a further claim may be made for an unpaid amount referred to in subsection 250(3).

251A  Subsidy amounts not payable to the extent of insufficient funds

Person‑centred subsidy for home support

 (1) Despite subsection 250(1), subsidy for which a registered provider is eligible under section 191 for the delivery of a funded aged care service to an individual on day is payable only to the extent that, immediately before the claim for the subsidy is approved, the amount worked out at Step 1 of the method statement in subsection 192(1) or 192(2) (the debit amount) in relation to the subsidy does not exceed:

 (a) the available balance of the individual’s notional ongoing home support account or notional short‑term home support account (as applicable) for the quarter or account period (as applicable) in which the day occurs; or

 (b) if there is an excess amount—the excess amount (as reduced (but not below zero) by the sum of any reduction amounts referred to in Step 2 of the method statement in subsection 192(1) or 192(2) and the available balance of any unspent Commonwealth portion held by the provider for the individual) does not exceed the available balance of any notional home care account for the individual.

Provider‑based subsidy for home support

 (2) Despite subsection 250(1), subsidy for which a registered provider is eligible under section 201 for the delivery of a funded aged care service to an individual on a day is only payable to the extent that, immediately before the claim for the subsidy is approved, the amount worked out at Step 1 of the method statement in section 202 (the debit amount) in relation to the subsidy does not exceed the available balance of the registered provider’s notional service delivery branch account for the service branch through which the service was delivered for the financial year in which the day occurs.

Person‑centred subsidy for assistive technology or home modifications

 (3) Despite subsection 250(1), subsidy for which a registered provider is eligible under section 209 or 218 for the delivery of a funded aged care service to an individual on a day is only payable to the extent that, immediately before the claim for the subsidy is approved, the amount worked out at Step 1 of the method statement in section 210 and 219 (the debit amount) in relation to the subsidy as reduced (but not below zero) by the available balance of any unspent Commonwealth portion held by the registered provider for the individual:

 (a) does not exceed the available balance of any notional home care account for the individual; or

 (b) if there is an excess amount—the excess amount (as reduced (but not below zero) by the sum of any reduction amounts referred to in step 2 of the method statement in section 210 or 219) does not exceed the available balance of the individual’s notional assistive technology account or notional home modifications account.

251B  Debiting of notional accounts and unspent Commonwealth portions

Person‑centred subsidy for home support

 (1) If the System Governor approves a claim relating to subsidy for which the registered provider is eligible under section 191 for the delivery of a funded aged care service to an individual on a day, the following must be debited, in the following order, to cover so much of the debit amount referred to in subsection 251A(1) that is payable under that subsection:

 (a) the individual’s notional ongoing home support account or notional short‑term home support account for the quarter or account period in which the day occurs;

 (b) any unspent Commonwealth portion held by the provider for the individual;

 (c) the individual’s notional home care account (if any).

Provider‑based subsidy for home support

 (2) If the System Governor approves a claim relating to subsidy for which the registered provider is eligible under section 201 for the delivery of a funded aged care service to an individual on a day, the registered provider’s notional service delivery branch account for the service delivery branch through which the service was delivered for the financial year in which the day occurs must be debited to cover so much of the debit amount referred to in subsection 251A(2) that is payable under that subsection.

Person‑centred subsidy for assistive technology or home modifications

 (3) If the System Governor approves a claim relating to subsidy for which the registered provider is eligible under section 209 or 218 for the delivery of a funded aged care service to an individual on a day, the following must be debited, in the following order, to cover so much of the debit amount referred to in subsection 251A(3) that is payable under that subsection:

 (a) any unspent Commonwealth portion held by the provider for the individual;

 (b) the individual’s notional home care account (if any);

 (c) the individual’s notional assistive technology account or notional home modifications account.

Debiting of unspent Commonwealth portions

 (4) To avoid doubt, an unspent Commonwealth portion held by a registered provider for an individual is required to be debited under this section if the portion has reduced an excess amount referred to in paragraph 251A(1)(b) or the debit amount as referred to in subsection 251A(3).

Note: If additional credits are made to the individual’s relevant notional account or the provider’s relevant notional service delivery branch account, the unpaid amount may become payable in accordance with subsection 250(1) if an additional claim is made for that unpaid amount.

166  Paragraph 252(a)

Repeal the paragraph, substitute:

 (a) the registered provider has a made a claim under section 251 for subsidy for the delivery of a funded aged care service to an individual on a day; and

167  Paragraph 253(1)(a)

Omit “that period”, substitute “the period applicable for the claim under subsection 251(3)”.

168  Subsection 254(1)

Repeal the subsection, substitute:

 (1) Subsidy is payable by the Commonwealth to a registered provider for each day in a payment period for which the registered provider is eligible for an individual under section 227, 236 or 242A.

169  Subsection 254(2)

Omit “The sum of person‑centred subsidy and provider‑based subsidy”, substitute “The sum of subsidy”.

170  Subparagraph 256(2)(b)(ii)

Omit “the System Governor reasonably believes”.

171  Subparagraph 256(2)(b)(ii)

Omit “likely”, substitute “any”.

172  Subsection 257(1)

Omit “person‑centred subsidy and provider‑based subsidy”, substitute “subsidy”.

173  Paragraph 258(a)

Repeal the paragraph, substitute:

 (a) the registered provider has made a claim under section 257 for subsidy in relation to an individual; and

174  At the end of Subdivision D of Division 6 of Part 2 of Chapter 4

Add:

263A  Mergers of service delivery branches

 (1) The rules may make provision for, or in relation to, the merger of 2 or more service delivery branches of a registered provider into a single service delivery branch of the provider.

 (2) Without limiting subsection (1), the rules may make provision for, or in relation to, any one or more of the following matters:

 (a) the consolidation of the notional service delivery branch accounts for those branches;

 (b) any other rights, obligations or responsibilities of the registered provider in relation to each of those service delivery branches under this Chapter as they exist immediately before the merger takes effect;

 (c) any other matter that is reasonably necessary to deal with the matter specified in paragraph (a) or (b).

175  Subsection 264(1)

Omit “in effect”, substitute “established”.

176  At the end of subsection 273A(1)

Add:

 ; and (c) section 21F of those Principles did not apply in relation to the care recipient portion of that amount.

177  After section 275

Insert:

275A  Division not to apply to individuals in prescribed classes

  This Division does not apply in relation to an individual accessing ongoing funded aged care services through the service group residential care if the individual is in a class of individuals prescribed by the rules.

Note: For fees and contributions for these individuals, see Division 2A.

178  Subsections 277(4) and (5)

Repeal the subsections, substitute:

 (4) Reduce the amounts worked out under each of Steps 1, 3 and 4 of the method statement in subsection (1) in accordance with rules made for the purposes of subsection 231(3).

179  Subsections 278(3) and 279(6)

Repeal the subsections.

180  Subsection 284(2)

Omit “a written”, substitute “an”.

181  Subsection 284(2) (note)

Repeal the note.

182  At the end of section 284

Add:

 (7) To avoid doubt, a higher everyday living fee may be charged in accordance with subsection (1) for a service that is not included on the list of services referred to in subsection 8(1) if the service is incidental to, or capable of enhancing the quality of, a particular funded aged care service that is included on that list.

183  After section 285

Insert:

Division 2A—Fees and contributions payable for delivery of funded aged care services to individuals in prescribed classes

285A  Fees and contributions payable for delivery of funded aged care services to individuals in prescribed classes

 (1) A registered provider delivering ongoing funded aged care services through the service group residential care to an individual in a class of individuals referred to in section 275A may charge the individual one or more amounts prescribed by the rules for a day for that class for or in connection with those services.

 (2) The individual must not be required to pay an amount for a day more than 1 month in advance of the day.

 (3) If the individual dies or stops accessing funded aged care services, any amounts paid in advance for a day occurring after the individual dies or stops accessing those services must be refunded in accordance with the rules.

 (4) A registered provider must comply with any other requirements prescribed by the rules in relation to an amount that an individual may be charged under this section.

184  Part 4 of Chapter 4 (at the end of the heading)

Add “etc.”.

185  Subsection 287(3)

Repeal the subsection, substitute:

 (3) If the provisions of this Part do not apply in respect of the delivery of funded aged care services to a class of individuals because of subsection (2), the rules may prescribe requirements in relation to the following:

 (a) the entering of agreements for, and the charging, payment or use of, an accommodation bond for the delivery of those services;

 (b) the retention of, deduction of amounts from, transfer of, refund of, or payment of interest in relation to the refund of, an accommodation bond balance;

 (c) the entering of agreements for, and the charging or payment of, an accommodation charge for the delivery of those services;

 (d) the transfer of, or the payment of interest in relation to the refund of, an entry contribution balance.

186  Subsection 289(1) (note 2)

Repeal the note, substitute:

Note 2: The Pricing Authority may, on application by a registered provider, approve the registered provider agreeing to, and charging, a higher maximum accommodation payment amount: see section 290.

187  Subsection 290(2)

Repeal the subsection, substitute:

 (2) The application may relate to:

 (a) an approved residential care home of the provider, including a home that is being, or is proposed to be, refurbished; or

 (b) a distinct part of an approved residential care home of the provider, including a distinct part that is being, or is proposed to be, constructed or refurbished; or

 (c) a residential care home, or a proposed residential care home, that the provider has applied, or intends to apply, for approval of under section 111; or

 (d) a distinct part of a residential care home, or a proposed residential care home, that the provider has applied, or intends to apply, for approval of under section 111.

Note: Although applications may be made under this section in relation to residential care homes that are not approved residential care homes, only a registered provider delivering funded aged care services through the service group residential care in an approved residential care home may charge, under this Part, an amount of accommodation payment.

188  Subparagraph 290(3)(b)(i)

Omit “the approved residential care home, or the distinct part of the approved residential care home”, substitute “the residential care home, or the distinct part of the residential care home”.

189  Subsections 290(6) and (7)

Repeal the subsections, substitute:

 (6) The Pricing Authority must, in accordance with the rules:

 (a) consider an application made in accordance with subsection (3), and any further information given in accordance with the rules or a notice given under subsection (4); and

 (b) make a decision to approve or not approve the higher maximum accommodation payment amount specified in the application; and

 (c) notify the registered provider, in writing, of the decision.

Note: A decision not to approve a higher maximum accommodation payment amount is a reviewable decision.

 (7) If the Pricing Authority approves a higher maximum accommodation payment amount specified in an application that relates to a residential care home, or a distinct part of a residential care home, that is being, or is proposed to be, constructed or refurbished, the Pricing Authority must include the conditions prescribed by the rules on the approval.

190  Paragraphs 290(9)(c) and (d)

Omit “the approved residential care home”, substitute “the residential care home”.

191  Subsection 290(10)

Repeal the subsection.

192  At the end of section 290

Add:

 (12) Without limiting this section, the rules may:

 (a) prescribe the period within which the Pricing Authority must make, and give notice of, a decision in relation to an application made under this section; and

 (b) prescribe conditions, relating to particular circumstances, that must be met for an approval of a higher maximum accommodation payment amount to take effect; and

 (c) make provision for and in relation to the time when, or the period during which, a decision of the Pricing Authority in relation to an approval of a higher maximum accommodation payment amount is to have effect.

193  At the end of paragraph 294(1)(b)

Add:

 or (iii) at the individual’s start day, the individual’s daily means tested amount has not been determined and the individual does not have means not disclosed status;

194  After paragraph 294(1)(c)

Insert:

 (ca) that, if the individual pays an accommodation payment because of subparagraph (b)(iii) in the period (the interim period) between the individual’s start day and the day the individual’s daily means tested amount at the individual’s start day is determined, the following will apply:

 (i) the amount of accommodation payment charged by the registered provider for a day in the interim period must be equal to, or less than, the agreed accommodation payment amount, as expressed as a daily accommodation payment amount;

 (ii) any accommodation payment paid during the interim period must be paid by daily payments;

 (iii) the individual is to be refunded the amount (if any) by which the accommodation payment paid during the interim period exceeds the amount that would have been payable if the individual’s daily means tested amount for the individual’s start day had been determined at the start day;

195  Paragraph 294(1)(e)

Omit “that the individual”, substitute “subject to paragraph (ca), that the individual”.

196  At the end of paragraph 296(a)

Add:

 or (iii) at the individual’s start day, the individual’s daily means tested amount has not been determined and the individual does not have means not disclosed status;

197  Paragraph 298(c)

Before “an individual”, insert “unless circumstances prescribed by the rules apply—”.

198  After paragraph 302(ca)

Insert:

 (cb) circumstances in which an amount of daily payment may be refunded; and

199  Paragraph 302(d)

After “the payment”, insert “or refund”.

200  Subsection 303(1)

Repeal the subsection, substitute:

 (1) Subject to paragraph 294(1)(ca), an individual may pay a refundable deposit at any time on or after the individual’s start day.

201  Paragraph 303(2)(a)

Omit “the agreed accommodation payment amount for the individual and the home”, substitute “an amount equal to the agreed accommodation payment amount for the individual and the home, minus any retention amounts that have been deducted under section 308”.

202  Section 304

Repeal the section, substitute:

304  Rules about refundable deposits

  The rules may prescribe:

 (a) circumstances in which an amount of refundable deposit may be refunded; and

 (b) any other matters relating to the payment or refund of refundable deposits.

203  Subsection 308(1)

Omit “from a refundable deposit balance”, substitute “from an individual’s refundable deposit balance during the period (the retention period) of 5 years beginning on the day a refundable deposit was first paid by the individual”.

204  Subsection 308(2)

Repeal the subsection, substitute:

Rate of retention

 (2) A retention amount is to be calculated at a rate of 2 per cent per annum:

 (a) on a daily basis; and

 (b) applied to the refundable deposit balance each day.

205  Before subsection 308(3)

Insert:

Timing of deductions etc.

206  After subsection 308(3)

Insert:

 (3A) Subject to subsection (4), a registered provider must deduct a retention amount from an individual’s refundable deposit balance at least once in each 3‑month period starting on the day the individual paid the refundable deposit.

207  Paragraph 308(4)(b)

Omit “the period of 5 years beginning on the day a refundable deposit was first paid by the individual”, substitute “the individual’s retention period”.

208  Subsections 308(4A) and (5)

Repeal the subsections, substitute:

Calculating an individual’s retention period

 (5) A day is only to be counted for the purposes of calculating an individual’s retention period if:

 (a) on the day, a registered provider delivers ongoing funded aged care services to the individual through the service group residential care in an approved residential home; and

 (b) the individual has paid a refundable deposit in relation to the delivery of those services in the approved residential care home (regardless of whether the refundable deposit balance is nil on the day).

Note: For paragraph (a), on each day during which an individual is on leave mentioned in subsections 244(3) to (7) from an approved residential care home, the individual is taken to have been delivered ongoing funded aged care services through the service group residential care by the registered provider in the approved residential care home: see subsection 244(2).

 (6) For the purposes of subsection (5), an individual is also taken to have been delivered ongoing funded aged care services through the service group residential care by the registered provider in the approved residential care home on a day if the individual:

 (a) is absent from the approved residential care home on the day; and

 (b) is not on leave from the approved residential care home on the day (see section 244); and

 (c) would have been on social leave from the approved residential care home on the day except that the individual has previously been on social leave during the current financial year for 52 days.

Rules may exempt certain classes of individuals

 (7) This section does not apply in respect of an individual’s refundable deposit balance if the individual is in a class of individuals prescribed by the rules.

209  Paragraph 310(2)(d)

After “balances”, insert “, accommodation bond balances or entry contribution balances”.

210  At the end of section 312

Add:

 (4) Subsection (2) does not apply in circumstances prescribed by the rules.

211  Paragraph 314A(1)(a)

Repeal the paragraph, substitute:

 (a) the System Governor determines that the individual has that status in accordance with subsection (2); or

212  Subsection 314A(2)

Repeal the subsection, substitute:

 (2) For the purposes of paragraph (1)(a), the System Governor must determine that the individual has means not disclosed status if the individual is asked to provide specified information prescribed by the rules, within a specified period prescribed by the rules, and the individual fails to do so.

213  Subsection 314A(4)

Omit “sufficient information”, substitute “the information required”.

214  Subsection 316(1) (note)

Omit “and 318”, substitute “, 318 and 318A”.

215  Subsection 316(2)

Repeal the subsection, substitute:

 (2) The System Governor must vary the old determination:

 (a) following the making of certain social security decisions (see section 317); and

 (b) if an event or a change in the individual’s circumstances occurs (see section 318).

 (2A) The System Governor may revoke the old determination and make a new individual contribution rate determination for the individual if the System Governor is satisfied that the old determination is incorrect (see section 318A).

 (2B) This section does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to an individual contribution rate determination.

216  Section 317 (heading)

Omit “or revoking”.

217  Subsections 317(1) to (3)

Repeal the subsections, substitute:

 (1) This section applies if:

 (a) an individual contribution rate determination is in force for an individual; and

 (b) a decision under the social security law (within the meaning of the Social Security Act 1991) has been made; and

 (c) any requirements prescribed by the rules are met.

 (2) The System Governor must, within the period prescribed by the rules, vary the determination if the determination is no longer correct because of the decision.

218  Subsection 317(4)

Omit “or new determination” (wherever occurring).

219  Subsection 317(5)

Omit “or new determination”.

220  Subsection 317(5)

Omit “System Governor is satisfied as mentioned in paragraph (1)(b)”, substitute “decision mentioned in paragraph (1)(b) was made”.

221  Section 318 (heading)

Omit “or revoking”.

222  Subsections 318(1) to (4)

Repeal the subsections, substitute:

 (1) This section applies if:

 (a) an individual contribution rate determination is in force for an individual; and

 (b) the System Governor is notified of the occurrence of an event or a change in an individual’s circumstances in accordance with rules made for the purposes of subsection 315(1).

 (2) The System Governor must, within the period prescribed by the rules, vary the determination.

223  Subsections 318(5) and (6)

Omit “or new determination” (wherever occurring).

224  Subsection 318(6)

Omit “or satisfied”.

225  After section 318

Insert:

318A  Revoking an incorrect individual contribution rate determination

 (1) This section applies if:

 (a) an individual contribution rate determination is in force for an individual; and

 (b) the System Governor is satisfied that the determination is no longer correct; and

 (c) any requirements prescribed by the rules are met.

 (2) The System Governor may, within the period prescribed by the rules, decide to revoke the determination and make a new individual contribution rate determination for the individual.

System Governor may request further information

 (3) The System Governor may, by written notice, request the individual to give the System Governor further information, within the period specified in the notice (which must not be less than 28 days after giving the notice), to assist the System Governor to make the decision.

Note: The individual is not obliged to give the information.

 (4) The System‑Governor may, at the request of the individual, extend the specified period.

Effect of decision

 (5) Subject to subsection (6), the new determination takes effect:

 (a) if the new determination results in an increase to the individual contribution rate—at the start of the day after the end of the quarter in which it is made; or

 (b) if the new determination results in a decrease to the individual contribution rate—at the start of the day on which it is made.

 (6) The rules may prescribe that, in specified circumstances, the new determination takes effect on a specified day (which must not be earlier than the day the System Governor is satisfied as mentioned in paragraph (1)(b)).

226  Paragraph 320(1)(a)

Repeal the paragraph, substitute:

 (a) the System Governor determines that the individual has that status in accordance with subsection (2) or (2A); or

227  Subsection 320(2)

Repeal the subsection, substitute:

 (2) For the purposes of paragraph (1)(a) the System Governor must determine that the individual has means not disclosed status if the individual is asked to provide specified information prescribed by the rules within a specified period prescribed by the rules to assist the System Governor to determine the individual’s daily means tested amount, and the individual fails to do so.

 (2A) For the purposes of paragraph (1)(a) the System Governor may determine that the individual has means not disclosed status if:

 (a) the individual’s income determination (if any) has been revoked under section 324 and a new income determination has not been made for the individual; or

 (b) the individual’s asset determination (if any) has been revoked under section 331 and a new asset determination has not been made for the individual.

228  Subsection 320(4)

Omit “sufficient information”, substitute “the information required”.

229  Subsection 322(2)

Omit “sufficient information”, substitute “the information required”.

230  Paragraph 324(2)(a)

Repeal the paragraph.

231  After subsection 324(2)

Insert:

 (2A) The income determination must be varied if the System Governor has been notified of the occurrence of an event or a change in the individual’s circumstances under Subdivision D (see also section 325).

232  Subsection 324(3)

Omit “varied or”.

233  After subsection 324(3)

Insert:

 (3A) This section does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to an income determination.

234  Subsections 325(2) to (4)

Repeal the subsections, substitute:

 (2) The System Governor must, within the period specified in the rules, vary the income determination in force for the individual.

235  Paragraph 328(1)(b)

Omit “325 or”.

236  Subsection 329(2)

Omit “sufficient information”, substitute “the information required”.

237  Paragraph 331(2)(a)

Repeal the paragraph.

238  After subsection 331(2)

Insert:

 (2A) The asset determination must be varied if the System Governor has been notified of the occurrence of an event or a change in the individual’s circumstances under Subdivision D (see also section 332).

239  After subsection 331(3)

Insert:

 (3A) This section does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to an asset determination.

240  Subsections 332(2) to (4)

Repeal the subsections, substitute:

 (2) The System Governor must, within the period specified in the rules, vary the asset determination in force for the individual.

241  Paragraph 335(1)(b)

Omit “332 or”.

242  Paragraphs 336(1)(a) and (b)

Repeal the paragraphs, substitute:

 (a) the amount of subsidy, payable to a registered provider for the individual, worked out under Division 4 or Division 4A of Part 2; or

 (b) the amount of fees or contributions that may be charged by a registered provider to the individual under Division 2 or Division 2A of Part 3.

243  Paragraphs 337(1)(a) and (b)

Repeal the paragraphs, substitute:

 (a) the amount of subsidy, payable to a registered provider for the individual, worked out under Division 4 or Division 4A of Part 2; or

 (b) the amount of fees or contributions that may be charged by a registered provider to the individual under Division 2 or Division 2A of Part 3.

244  Paragraph 339(1)(f)

Omit “, such as periodic review of the Aged Care Quality Standards”.

245  Paragraphs 342A(2)(a), (b) and (c)

Omit “for non‑specialist”, substitute “for”.

246  After subsection 342A(2)

Insert:

 (2A) Without limiting subsection (1), a report may include corrections or updates to information included in a previous report.

247  Subsection 342A(5) (definition of quarter)

Repeal the definition.

248  At the end of Part 2 of Chapter 5

Add:

343A  Identity cards for approved needs assessors

 (1) The System Governor must issue an identity card to an approved needs assessor.

Form of identity card

 (2) The identity card must:

 (a) satisfy the requirements prescribed by the rules; and

 (b) contain a photograph that is no more than 5 years old of the approved needs assessor.

Identity card to be carried and produced in accordance with rules

 (3) An approved needs assessor must carry and produce the identity card as prescribed by the rules.

Strict liability offence

 (4) A person commits an offence of strict liability if:

 (a) the person has been issued with an identity card under subsection (1); and

 (b) the person ceases to be an approved needs assessor; and

 (c) the person does not return the identity card to the System Governor within 14 days after ceasing to be an approved needs assessor.

Penalty: 1 penalty unit.

 (5) Subsection (4) does not apply if the identity card was lost or destroyed.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code.

249  Paragraph 376(2)(b)

After “refundable deposits,”, insert “accommodation bonds, accommodation charges, entry contributions,”.

250  Paragraph 377(1)(b)

After “the refundable deposits”, insert “, accommodation bonds and entry contributions”.

251  Paragraph 448(a)

Repeal the paragraph, substitute:

 (a) subsections 165A(3) and 166(6) (failure to give or publish reports);

252  After paragraph 511(1)(a)

Insert:

 (aa) APS employees in Services Australia; or

253  Subsection 511(2)

Omit “under 489”, substitute “under section 489”.

254  Paragraph 511(2)(a)

After “567(1)”, insert “, 569(1) or 570(1)”.

255  Before subsection 514(1)

Insert:

Recoverable amounts—entity not entitled to payment

256  At the end of section 514

Add:

Recoverable amounts—unspent Commonwealth portion

 (3) The available balance of an unspent Commonwealth portion for an individual that is held by an entity is a recoverable amount, and the entity is a debtor in relation to the amount, if:

 (a) the entity was required to return the available balance to the Commonwealth in accordance with section 226B, 226C or 226D; and

 (b) the entity failed to comply with that requirement.

257  Subsection 521(3)

Repeal the subsection, substitute:

 (3) The System Governor may, on behalf of the Commonwealth, waive the right of the Commonwealth to recover a class of recoverable amounts only if:

 (a) circumstances described in section 522, 523 or 524 apply to each recoverable amount in the class; or

 (b) circumstances described in section 524A apply to the class.

258  At the end of Division 3 of Part 13 of Chapter 6

Add:

524A  Circumstances for waiver—determined classes

 (1) The System Governor may waive the right to recover a recoverable amount that is included in a class of recoverable amounts determined by the Minister by legislative instrument.

 (2) A determination under subsection (1) may state:

 (a) any conditions to be met before the System Governor exercises the power to waive the recoverable amounts; and

 (b) any limits on the amounts of the recoverable amounts to be waived.

259  After subsection 537(8)

Insert:

Use or disclosure of information relating to fire safety

 (8A) A person may use relevant information, or disclose relevant information to the chief executive officer (however described) of a State or Territory fire authority, if:

 (a) the relevant information relates to fire safety; and

 (b) the use or disclosure is for the purposes of assisting the State or Territory fire authority to perform its functions.

 (8B) For the purposes of subsection (8A), a State or Territory fire authority means a State or Territory authority that has functions relating to fire safety under a law of the State or Territory (including a local by‑law).

260  Subsection 541(2)

Repeal the subsection, substitute:

Disclosure for star ratings

 (2) The System Governor must publish information about the following in relation to funded aged care services delivered by registered providers in approved residential care homes:

 (a) the quality of those services;

 (b) action taken under this Act:

 (i) to ensure the quality of those services; or

 (ii) to ensure compliance with this Act in relation to the delivery of those services; or

 (iii) because of a failure to comply with this Act in relation to the delivery of those services;

 (c) any other matter prescribed by the rules relating to:

 (i) those services; or

 (ii) registered providers in their delivery of those services.

 (2A) Subsection (2) does not apply in relation to services delivered under specialist aged care programs unless the rules provide otherwise.

261  Subsection 541(3)

Omit “for a”, substitute “for an approved”.

262  Subsection 541(4)

Repeal the subsection, substitute:

 (3A) The System Governor may give an approved residential care home a low star rating for quality if the registered provider in relation to whom the approved residential care home is approved fails to comply with requirements under this Act to report on that quality.

 (4) The System Governor may use or disclose relevant information for the purposes of:

 (a) creating information for publication under subsection (2); or

 (b) calculating star ratings for approved residential care homes.

263  Subsection 541(6)

After “registered provider”, insert “in relation to whom an approved residential care home is approved”.

264  Section 557 (after table item 21)

Insert:

265  Section 557 (table item 33, column 1)

Omit “325(2) or”.

266  Section 557 (table item 38, column 1)

Omit “332(2) or”.

267  Subsection 567(1)

Repeal the subsection, substitute:

Delegation to persons engaged by Commonwealth entities etc.

 (1) Subject to subsection (4), the System Governor may, in writing, delegate all or any of the System Governor’s functions or powers under this Act, other than Parts 2 to 9 of Chapter 6 (regulatory mechanisms), to a person engaged (whether as an employee or otherwise) by:

 (a) a Commonwealth entity; or

 (b) an organisation that performs services for a Commonwealth entity.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

 (1A) To avoid doubt, an organisation performs services for a Commonwealth entity even if that organisation performs those services in accordance with a contract or other arrangement with another organisation that performs services for the Commonwealth entity.

268  Subsection 569(1)

Repeal the subsection, substitute:

 (1) The System Governor may, in writing, delegate all or any of the System Governor’s functions or powers under this Act, other than Parts 2 to 9 of Chapter 6 (regulatory mechanisms), to the Chief Executive Centrelink.

269  Subsection 569(2)

Repeal the subsection, substitute:

Subdelegation

 (2) Subject to subsection (5), if the System Governor delegates a power or function to the Chief Executive Centrelink under subsection (1), the Chief Executive Centrelink may, in writing, subdelegate the power or function to a person engaged (whether as an employee or otherwise) by Services Australia.

270  Subsection 569(3)

Omit “a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997)”, substitute “an APS employee in Services Australia”.

271  At the end of section 569

Add:

Subdelegation to persons who are not APS employees

 (4) Before subdelegating a function or power under subsection (2) to a person who is not an APS employee in Services Australia, the Chief Executive Centrelink must have regard to whether the person has appropriate qualifications or expertise to perform the function or exercise the power.

Limitation—automation of administrative action

 (5) The Chief Executive Centrelink may only subdelegate a function or power under subsection 582(1) (which deals with automation of administrative action) to an APS employee who is holding, occupying, or performing the duties of an SES office or position in Services Australia.

272  Subsection 570(1)

Repeal the subsection, substitute:

 (1) The System Governor may, in writing, delegate all or any of the System Governor’s functions or powers under this Act, other than Parts 2 to 9 of Chapter 6 (regulatory mechanisms), to the Chief Executive Medicare.

273  Subsection 570(2)

Repeal the subsection, substitute:

Subdelegation

 (2) Subject to subsection (5), if the System Governor delegates a power or function to the Chief Executive Medicare under subsection (1), the Chief Executive Medicare may, in writing, subdelegate the power or function to a person engaged (whether as an employee or otherwise) by Services Australia.

274  Subsection 570(3)

Omit “a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973)”, substitute “an APS employee in Services Australia”.

275  At the end of section 570

Add:

Subdelegation to persons who are not APS employees

 (4) Before subdelegating a function or power under subsection (2) to a person who is not an APS employee in Services Australia, the Chief Executive Medicare must have regard to whether the person has appropriate qualifications or expertise to perform the function or exercise the power.

Limitation—automation of administrative action

 (5) The Chief Executive Medicare may only subdelegate a function or power under subsection 582(1) (which deals with automation of administrative action) to an APS employee who is holding, occupying, or performing the duties of an SES office or position in Services Australia.

276  At the end of subsection 571(1)

Add:

 ; or (c) the System Governor’s powers and functions under section 582 (automation of administrative action).

277  Subsection 571(2)

Omit “If,”, substitute “Subject to subsection (4), if,”.

278  At the end of section 571

Add:

Limitation—automation of administrative action

 (4) The Secretary of the Department administered by the Minister who administers the Veterans’ Entitlements Act 1986 may only subdelegate a function or power under subsection 582(1) (which deals with automation of administrative action) to an APS employee holding, occupying, or performing the duties of an SES office or position in that Department.

279  Before paragraph 573(1)(aa)

Insert:

 (aaa) the System Governor’s powers and functions under Subdivision A of Division 2 of Part 4 of Chapter 3 (obligations relating to reporting, notifications and information); or

280  Subsections 582(1) and (2)

Repeal the subsections, substitute:

 (1) The System Governor may, in writing, arrange for the use, under the System Governor’s oversight, of computer programs to take administrative action that must be taken by the System Governor under this Act.

 (2) Administrative action is any of the following:

 (a) making, or refusing or failing to make, a decision under a provision mentioned in subsection (2A);

 (b) exercising, or refusing or failing to exercise, a power under a provision mentioned in subsection (2A);

 (c) performing, or refusing or failing to perform, a function or duty under a provision mentioned in subsection (2A);

 (d) doing, or refusing or failing to do, anything (including giving a notice) related to making a decision, exercising a power or performing a function or duty under a provision mentioned in subsection (2A).

 (2A) For the purposes of subsection (2), the provisions are the following provisions of this Act:

 (a) subsection 78(1) (which deals with classification levels);

 (b) subsection 86(1) (which deals with priority category decisions);

 (c) subsection 92(1) (which deals with allocation of places to individuals);

 (d) subsection 93(1) (which deals with deciding the order of allocation of places to individuals);

 (e) Parts 2 to 5 of Chapter 4 (which deal with funding of aged care services);

 (f) section 541 (which deals with star ratings);

 (g) a provision of this Act prescribed by the rules.

281  Subsection 582(3) (heading)

Omit “relevant”.

282  Subsection 582(3)

Omit “Relevant administrative”, substitute “Administrative”.

283  Subsection 582(3)

Omit “relevant”.

284  Subsection 582(4) (heading)

Omit “decisions”, substitute “actions”.

285  Subsection 582(4)

Omit “make a decision in substitution for a decision”, substitute “take administrative action (the substituted action) in substitution for administrative action”.

286  Subsection 582(4)

Omit “decision taken”, substitute “administrative action taken”.

287  Subsection 582(5)

Omit “The substituted decision”, substitute “The substituted action”.

288  Paragraph 582(5)(a)

Omit “substituted decision takes effect (which may be earlier than the day the substituted decision is made”, substitute “substituted action takes effect (which may be earlier than the day the substituted action is taken”.

289  Paragraph 582(5)(b)

Omit “the decision”, substitute “the administrative action”.

290  After subsection 582(5)

Insert:

 (5A) The day specified under paragraph (5)(a) may be earlier than the day the substituted action is taken, but not earlier than the day of the administrative action taken by the operation of the computer program.

System Governor may still take administrative action

 (5B) An arrangement under subsection (1) does not prevent the System Governor from taking administrative action under the provisions referred to in subsection (2A).

Substituted action does not limit right to review or reconsideration of administrative action

291  Subsection 582(6)

Omit “a decision”, substitute “an administrative action”.

292  Subsection 583(1) (heading)

Omit “relevant”.

293  Subsection 583(1)

Omit “relevant” (wherever occurring).

294  Subsection 583(2) (note)

Omit “Relevant administrative”, substitute “Administrative”.

295  Subsection 583(3)

Omit “relevant”.

296  After subsection 583(5)

Insert:

 (5A) A failure to comply with subsection (4) or (5) does not affect the validity of the substituted decision.

297  Paragraph 583(7)(a)

Omit “decisions made”, substitute “actions taken”.

298  Paragraph 583(7)(b)

Omit “decisions so made”, substitute “actions so taken”.

299  Paragraph 583(7)(c)

Omit “decisions taken”, substitute “administrative action taken”.

300  Subsection 602(10)

After “Division 4”, insert “or Division 4A”.

Part 2—Amendments commencing 1 July 2026

Aged Care Act 2024

301  Paragraph 539(4)(b)

Omit “Veterans’ Entitlements Act 1986”, substitute “Military Rehabilitation and Compensation Act 2004”.

302  Paragraph 539(4)(d)

Repeal the paragraph.

303  Subsection 572(2)

Omit “section 213 of the Veterans’ Entitlements Act 1986”, substitute “section 360DB of the Military Rehabilitation and Compensation Act 2004”.

304  Paragraph 598(2)(b)

Omit “Military Rehabilitation and Compensation Commission”, substitute “Repatriation Commission”.

Schedule 2—Amendment of the Aged Care (Consequential and Transitional Provisions) Act 2024

Part 1—Amendments commencing immediately after transition time

Aged Care (Consequential and Transitional Provisions) Act 2024

1  Subitem 1(1) of Schedule 2

Insert:

modify the operation of the provisions of an Act or instrument includes modify that operation by notionally adding, omitting or substituting text.

Note: Examples of modifying the operation of the provisions of an Act or instrument by notionally adding, omitting or substituting text include notionally adding, omitting or substituting:

(a) words in a provision; or

(b) part of a provision; or

(c) a whole provision; or

(d) a series or group of provisions.

new law means any of the following laws:

 (a) the new Act;

 (b) an instrument made under the new Act.

2  Subitem 1(1) of Schedule 2 (definition of old law)

Repeal the definition, substitute:

old law means any of the following laws:

 (a) the old Act;

 (b) the Commission Act;

 (c) the old Transitional Provisions Act;

 (d) an instrument made under the old Act, the Commission Act or the old Transitional Provisions Act.

3  Subitem 1(1) of Schedule 2

Insert:

Subsidy Principles means the Subsidy Principles 2014.

4  Subitem 1(2) of Schedule 2

Omit “new Act” (wherever occurring), substitute “new law”.

5  At the end of Part 1 of Schedule 2

Add:

1A  Section 7 of the Acts Interpretation Act 1901

This Schedule does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies in relation to the repeals and amendments made by this Act.

6  Subitem 2(1) of Schedule 2

After “subitem (2) applies”, insert “or who is in a transitional cohort under a determination made under subitem (3)”.

7  Paragraph 2(1)(g) of Schedule 2

Omit “referred to in paragraph (2)(g) of this item”, substitute “who is in a transitional cohort under a determination made under subitem (3)”.

8  Paragraph 2(2)(f) of Schedule 2

Omit “Program; or”, substitute “Program.”.

9  Paragraph 2(2)(g) of Schedule 2

Repeal the paragraph.

10  Subitem 2(3) of Schedule 2

Omit “determine a class of individuals to be a transitional cohort for the purposes of paragraph (2)(g)”, substitute “determine that individuals included in a specified class are in a transitional cohort for the purposes of this item”.

11  Subitem 3(1) of Schedule 2

After “subitem (2) applies”, insert “or who is in a transitional cohort under a determination made under subitem (4)”.

12  Subparagraph 3(1)(c)(iii) of Schedule 2

Omit “(2)(c), (e) or (f)”, substitute “(2)(c) or (e)”.

13  Paragraphs 3(2)(e) and (f) of Schedule 2

Repeal the paragraphs, substitute:

 (e) subitem (3) applies in relation to the individual and:

 (i) the individual was accessing flexible care provided in a residential setting through a multi‑purpose service (within the meaning of the old Principles); or

 (ii) the individual was party to a written agreement with an approved provider (within the meaning of the old Act) of a multi‑purpose service (within the meaning of the old Principles) which provides for the individual to commence accessing flexible care provided in a residential setting through that service within the period of 3 months beginning at the transition time; or

 (iii) the individual had, at any time in the previous 12 months, received services under the National Aboriginal and Torres Strait Islander Flexible Aged Care Program.

14  Subitem 3(3) of Schedule 2

Repeal the subitem substitute:

 (3) This subitem applies in relation to the individual if:

 (a) the individual has, by reason of sickness (within the meaning of the new Act), a continuing need for funded aged care services (including nursing services) in the service group; or

 (b) the individual is an Aboriginal or Torres Strait Islander person.

15  At the end of item 3 of Schedule 2

Add:

(4) The System Governor may, by legislative instrument, determine that individuals included in a specified class are in a transitional cohort for the purposes of this item if:

 (a) the individuals in that class were eligible to access, at any time in the 12 month period ending at the transition time:

 (i) residential care, or flexible care provided in a residential setting, under the old Act; or

 (ii) care provided in a residential setting under a Commonwealth program; and

 (b) the System Governor considers it reasonably necessary to make the determination to ensure continuity of funded aged care services through the service group residential care for those individuals.

(5) A determination under subitem (4) may be made after the transition time.

16  Subitem 4(1) of Schedule 2

After “subitem 2(2) applies,”, insert “or who are in a transitional cohort under a determination made under subitem 2(3),”.

17  Subitem 4(2) of Schedule 2

After “subitem 3(2) applies,”, insert “or who are in a transitional cohort under a determination made under subitem 3(4),”.

18  After paragraph 4(2)(a) of Schedule 2

Insert:

 (ab) if circumstances specified by the determination apply in relation to the individuals in the class and a classification type for the service group residential care—the priority category that each of those individuals is taken to have been assigned for the classification type for the service group under subsection 86(1) of the new Act at the transition time;

19  Paragraph 6(3)(a) of Schedule 2

Omit “the entity”, substitute “an entity”.

20  After Part 3 of Schedule 2

Insert:

Part 3A—Transitional provisions for Chapter 4 of the new Act

Division 1—Home care subsidy under the old law

20B  Claims for home care subsidy—pre‑transition time payment periods

(1) Despite the repeal of the old law, a claim for home care subsidy, or a variation of a claim for home care subsidy, may be made on or after the transition time in respect of a payment period ending before the transition time, and the old Act and the Subsidy Principles continue to apply to the claim and any subsidy payable as a result of the claim, as if the repeal had not happened.

(2) If an overpayment to a person of an amount by way of home care subsidy is made before or after the transition time, and the amount has not been recovered by the Commonwealth before the transition time:

 (a) the amount is taken, after the transition time, to be a recoverable amount for the purposes of the new Act; and

 (b) the entity is a debtor in relation to the recoverable amount for the purposes of the new Act.

20C  Pending application for hardship supplement

Despite the repeal of the old law, sections 48‑10, 48‑11 and 48‑12 of the old Act, and Subdivision A of Division 4 of Part 2 of Chapter 3 of the Subsidy Principles, continue to apply to an application under subsection 48‑11(4) of the old Act that was made, but not decided, before the transition time, as if the repeal had not happened.

Division 2—Subsidy for home support

20D  Notification of service delivery branches

(1) This item applies if, at the transition time:

 (a) an entity is, because of subitem 5(1) of this Schedule, taken to be a registered provider under paragraph 105(1)(a) of the new Act; and

 (b)  a home care service is, because of subitem 5(8) of this Schedule, taken to be a service delivery branch of the registered provider.

(2) The registered provider is taken, at the transition time, to have given the System Governor a notification for the service delivery branch in accordance with subsection 203(1) of the new Act.

Division 3—Unspent home care amounts

20DA  Unspent home care amounts—Commonwealth portions and home care accounts

Responsibility to pay Commonwealth portion after the transition time

(1) Subitem (2) applies if, before the transition time:

 (a) section 21F or section 21JB of the User Rights Principles 2014 applied to the Commonwealth portion of a care recipient’s unspent home care amount; and

 (b) the time at which the Commonwealth portion becomes due and payable to the Commonwealth had not occurred; and

 (c) the Commonwealth portion had not been paid to the Commonwealth.

(2) Despite the repeal of the old law, that section continues to apply after the transition time, in relation to the Commonwealth portion, as if the repeal had not happened.

Recovery of Commonwealth portion—registered providers

(3) If a person who is, at the transition time, taken to be a registered provider because of subitem 5(1) of this Schedule fails, after the transition time, to comply with section 21F or 21JB of the User Rights Principles 2014 (as that section continues to apply because of subitem (2) of this item) in relation to the Commonwealth portion of a care recipient’s unspent home care amount:

 (a) the Commonwealth portion is taken to be a recoverable amount under section 514 of the new Act; and

 (b) the registered provider is taken to be a debtor under section 514 of the new Act in relation to the recoverable amount.

Note: Division 2 of Part 13 of Chapter 6 of the new Act deals with the recovery of recoverable amounts.

Recovery of Commonwealth portion—persons who are not registered providers

(4) Despite the repeal of the old law, Division 95 of the old Act continues to apply after the transition time in relation to the Commonwealth portion of a care recipient’s unspent home care amount as if the repeal had not happened, if:

 (a) subitem (2) of this item applies in relation to the Commonwealth portion; and

 (b) the person who was, immediately before the transition time, the approved provider in relation to the Commonwealth portion is not, at the transition time, taken to be a registered provider because of subitem 5(1) of this Schedule.

Note: Division 95 of the old Act deals with the recovery of overpayments.

Credit to new Act home care account for return of Commonwealth portion after the transition time

(5) Subitem (6) applies in relation to an individual if:

 (a) immediately before the transition time, the individual was a care recipient with an unspent home care amount; and

 (b) at a time (the post‑transition time) after the transition time:

 (i) a person (whether or not a registered provider) pays the Commonwealth portion of the care recipient’s unspent home care amount to the Commonwealth in accordance with section 21F or 21JB of the User Rights Principles 2014 (as that section continues to apply because of subitem (2) of this item); or

 (ii) the Commonwealth recovers the Commonwealth portion of the care recipient’s unspent home care amount (whether under Part 13 of Chapter 6 of the new Act or under Division 95 of the old Act as that Division continues to apply because of subitem (4) of this item); and

 (c) at the post‑transition time, the individual has a home care account in accordance with section 226E of the new Act.