Federal Register of Legislation - Australian Government

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Aged or Disabled Persons Care Act 1954

Act No. 81 of 1954 as amended, taking into account amendments up to Act No. 149 of 1995
Registered 18 Nov 2009
Start Date 16 Dec 1995
End Date 30 Sep 1997
Date of repeal 27 Jul 2011
Repealed by Aged Care Amendment Act 2011

AGED OR DISABLED PERSONS CARE ACT 1954
- Updated as at 21 February 1996 (HISTACT CHAP 3194 #DATE 21:2:1996)

*1* The Aged or Disabled Persons Care Act 1954 as shown in this reprint comprises Act No. 81, 1954 amended as indicated in the Tables below.
Table of Acts
Act Date Date of Application
Number and of assent commencement saving or
year transitional
provisions
Aged Persons Homes Act 1954
81, 1954 18 Nov 1954 16 Dec 1954
Aged Persons Homes Act 1957
47, 1957 22 Oct 1957 22 Oct 1957 S. 5 (2)
S. 5 (1) (rep. by
68, 1969, s. 9)
as
amended
by
68, 1969 12 Sept 1969 10 Oct 1969 -
Aged Persons Homes Act 1967
83, 1967 8 Nov 1967 8 Nov 1967 S. 7
Aged Persons Homes Act 1969
68, 1969 12 Sept 1969 10 Oct 1969 -
Aged Persons Homes Act 1972
84, 1972 4 Oct 1972 4 Oct 1972 S. 4
Aged Persons Homes Act 1973
128, 1973 13 Nov 1973 13 Nov 1973 S. 4
Statute Law Revision Act 1973
216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1) and 10
Aged or Disabled Persons Homes Act 1974
115, 1974 3 Dec 1974 3 Dec 1974 Ss. 7 (2) and 13
(2)
Administrative Changes (Consequential Provisions) Act 1976
91, 1976 20 Sept 1976 S. 3: (a) S. 4
Aged or Disabled Persons Homes Amendment Act 1980
157, 1980 5 Dec 1980 S. 3:
30 Sept 1980
Remainder:
Royal Assent S. 3 (2)
Statute Law Revision Act 1981
61, 1981 12 June 1981 S. 115:
Royal Assent (b) -
Social Security Legislation Amendment Act 1982
98, 1982 27 Oct 1982 Part II
(ss. 3-7):
Royal Assent (c) Ss. 4 (2) and 6
(2)
Social Security Legislation Amendment Act 1983
69, 1983 24 Oct 1983 Part III
(ss. 49-56): (d) Ss. 51 (2) and 54
(2)
Social Security and Repatriation Legislation Amendment Act 1984
78, 1984 25 June 1984 Part V
(ss. 72-74):(e) -
Social Security and Repatriation Legislation Amendment Act
(No. 2) 1984
134, 1984 25 Oct 1984 Part II
(ss. 3-5):
15 Jan 1985
Ss. 10-18 and
20-22: 1 Nov 1984
Part V
(ss. 23-26):
8 Nov 1984
Remainder:
Royal Assent S. 5
Statute Law (Miscellaneous Provisions) Act (No. 2) 1984
165, 1984 25 Oct 1984 Ss. 3 and 4:(f) Ss. 2 (32), 6 (1)
and 9
National Welfare Fund Repeal Act 1985
24, 1985 22 May 1985 Ss. 1, 2 and 5:
Royal Assent
Remainder:
1 July 1985
(see Gazette
1985, No. S232) S. 5
Social Security and Repatriation Legislation Amendment Act 1985
95, 1985 5 Sept 1985 Part II
(ss. 3-8):
Royal Assent (g) -
Social Security and Repatriation (Budget Measures) Amendment
Act 1985
127, 1985 28 Oct 1985 Ss. 3 and 4:
Royal Assent (h)
Ss. 5 and 6:
18 Dec 1985
(see Gazette
1985, No. S526)
(h) -
Nursing Homes and Hostels Legislation Amendment Act 1986
115, 1986 24 Nov 1986 Ss. 3 and 4:
Royal Assent (j)
S. 5 (1) and (2):
(j) S. 5 (3) and
(4): (j) S. 5 (2) and (4)
Sex Discrimination (Consequential Amendments) Act 1986
163, 1986 18 Dec 1986 15 Jan 1987 -
Nursing Homes and Hostels Legislation Amendment Act 1987
72, 1987 5 June 1987 Part IV
(ss. 42-45):(k) -
Community Services and Health Legislation Amendment Act 1987
132, 1987 16 Dec 1987 Ss. 1-3, 4 (d),
(g), 5-7, 21, 22
and 31:
Royal Assent
Ss. 23-30 and
32: 1 Mar 1988
(see Gazette
1988, No.S58)
Part V (s. 33):
1 May 1988
(see Gazette
1988, No. S118)
Remainder:
11 Jan 1989
(see Gazette
1988, No. S411) S. 21
as
amended
by
155, 1988 26 Dec 1988 S. 41 (2): (l) -
Community Services and Health Legislation Amendment Act 1988
79, 1988 24 June 1988 Part II
(ss. 3-6):
28 June 1989
(see Gazette
1989, No. S206)
(m) -
as
amended
by
155, 1988 26 Dec 1988 Part V
(ss. 38-40):
24 June 1988
(n) -
Statutory Instruments (Tabling and Disallowance) Legislation
Amendment Act 1988
99, 1988 2 Dec 1988 2 Dec 1988 -
Community Services and Health Legislation Amendment Act
(No. 2) 1988
155, 1988 26 Dec 1988 S. 41 (1):
Royal Assent (p) -
Aged or Disabled Persons Homes Amendment Act 1989
87, 1989 27 June 1989 Ss. 1 and 2:
Royal Assent (q)
Ss. 3-10, 11
(a)-(d), 12-16,
17 (a)-(f),
18-20, 21 (2)
and 22-26:
11 Sept 1989
(see Gazette
1989, No. S293)
(q) S. 11 (e):
11 Jan 1989
(see s. 2 (2)
and Gazette
1988, No. S411)
(q) Ss. 17 (g)
and 21 (1):
28 June 1989
(see s. 2 (3)
and Gazette 1989,
No. S206) (q) Ss. 7 (2), 15 (2),
(3) and 24-26
as
amended
by
Community Services and Health Legislation Amendment Act
(No. 2) 1989
3, 1990 17 Jan 1990 Part 3
(ss. 6 and 7):
Royal Assent (r) -
Community Services and Health Legislation Amendment Act
(No. 2) 1989
3, 1990 17 Jan 1990 S. 3:
Royal Assent (s)
S. 4:
1 July 1990 (s)
S. 5:
1 July 1990
(see Gazette
1990, No. S164)
(s) -
Community Services and Health Legislation Amendment Act
(No. 2) 1990
141, 1990 28 Dec 1990 Ss. 5 and 8:
9 Jan 1991 (t)
Ss. 3, 4, 6, 7,
9 and 10:
Royal Assent (t) -
Health and Community Services Legislation Amendment Act 1991
211, 1991 24 Dec 1991 Ss. 10 and 11:
29 Apr 1992
Part 5
(ss. 30 and 31):
19 Aug 1991
Ss. 35, 37 and
39: 1 Apr 1992
Remainder:
Royal Assent -
Health, Housing and Community Services Legislation Amendment
Act 1992
88, 1992 30 June 1992 S. 3:
Royal Assent (u) S. 3 (2)
Health and Community Services Legislation Amendment Act
(No. 2) 1992
192, 1992 21 Dec 1992 Ss. 3-6:
28 Apr 1993
S. 8 (b):
1 Jan 1993
S. 9:
31 Dec 1992
S. 20:
1 Nov 1992
Ss. 24-27:
6 Jan 1993
Part 6
(ss. 34, 35): (v)
Remainder:
Royal Assent S. 2 (as am. by
12, 1994, s. 6)
as
amended
by
Health and Community Services Legislation Amendment Act 1993
12, 1994 18 Jan 1994 S. 6:
Royal Assent (w) -
Health and Community Services Legislation Amendment Act
(No. 3) 1992
204, 1992 21 Dec 1992 21 Dec 1992 -
Health and Community Services Legislation Amendment Act 1993
12, 1994 18 Jan 1994 Part 2
(ss. 3, 4):
Royal Assent (x) -
Human Services and Health Legislation Amendment Act (No. 3) 1995
149, 1995 16 Dec 1995 Schedule 2 (item 1):
Royal Assent (y) -
(a) The Aged or Disabled Persons Homes Act 1974 was amended by section 3 only of the Administrative Changes (Consequential Provisions) Act 1976, subsection 2 (7) of which provides as follows:
"(7) The amendments of each other Act specified in the Schedule made by this Act shall be deemed to have come into operation on 22 December 1975."
(b) The Aged or Disabled Persons Homes Act 1954 was amended by section 115 only of the Statute Law Revision Act 1981, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent."
(c) The Aged or Disabled Persons Homes Act 1954 was amended by Part II (sections 3-7) only of the Social Security Legislation Amendment Act 1982, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent."
(d) The Aged or Disabled Persons Homes Act 1954 was amended by Part III (sections 49-56) only of the Social Security Legislation Amendment Act 1983, subsection 2 (7) of which provides as follows:
"(7) Parts III and V shall come into operation on 1 January 1984."
(e) The Aged or Disabled Persons Homes Act 1954 was amended by Part V (sections 72-74) only of the Social Security and Repatriation Legislation Amendment Act 1984, subsection 2 (7) of which provides as follows:
"(7) Part V shall come into operation on such date as is fixed by the Minister by notice in the Gazette."
The date fixed was 24 October 1984 (see Gazette 1984, No. S364).
(f) The Aged or Disabled Persons Homes Act 1954 was amended by sections 3 and 4 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2 (29) of which provides that section 9 and the amendments made to the Aged or Disabled Persons Homes Act 1954 (other than the amendment to the definition of "respite care" in section 10A), shall come into operation on the day fixed by Proclamation for the purposes of subsection 2 (20) of that Act.
Subsection 2 (4) of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984 provides as follows:
"(4) The amendment of the definition of "respite care bed" in section 10A of the Aged or Disabled Persons Homes Act 1954 made by this Act shall come into operation, or be deemed to have come into operation, as the case requires, on the date fixed by the Minister for the purposes of subsection 2 (7) of the Social Security and Repatriation Legislation Amendment Act 1984 or on the day fixed by Proclamation for the purpose of subsection (20) of this section, whichever is the later."
In pursuance of subsection 2 (20) the date of commencement was 13 December 1984 (see Gazette 1984, No. S519).
(g) The Aged or Disabled Persons Homes Act 1954 was amended by Part II (sections 3-8) only of the Social Security and Repatriation Legislation Amendment Act 1985, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent."
(h) The Aged or Disabled Persons Homes Act 1954 was amended by sections 3-6 only of the Social Security and Repatriation (Budget Measures) Amendment Act 1985, subsections 2 (1) and (3) of which provide as follows:
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
"(3) Sections 5, 6, 47 and 51 and subsection 45 (3) shall come into operation on such day as is, or such respective days as are, fixed by Proclamation."
(j) The Aged or Disabled Persons Homes Act 1954 was amended by sections 3-5 only of the Nursing Homes and Hostels Legislation Amendment Act 1986, subsections 2 (2), (3) and (5) of which provide as follows:
"(2) Subsections 5 (1) and (2) shall be deemed to have come into operation on 22 October 1986.
"(3) Subsections 5 (3) and (4) shall come into operation on 6 May 1987.
"(5) The remaining provisions of this Act shall come into operation on the day on which it receives the Royal Assent."
(k) The Aged or Disabled Persons Homes Act 1954 was amended by Part IV (sections 42-45) only of the Nursing Homes and Hostels Legislation Amendment Act 1987, subsection 2 (3) of which provides as follows:
"(3) The remaining provisions of this Act shall come into operation on 1 July 1987."
(l) The Community Services and Health Legislation Amendment Act 1987 was amended by section 41 (2) only of the Community Services and Health Legislation Amendment Act (No. 2) 1988, subsection 2 (6) of which provides as follows:
"(6) Subsection 41 (2) shall be taken to have commenced on 16 December 1987."
(m) The Aged or Disabled Persons Homes Act 1954 was amended by Part II (sections 3-6) only of the Community Services and Health Legislation Amendment Act 1988 (as amended by the Community Services and Health Legislation Amendment Act (No. 2) 1988), subsection 2 (3) of which provides as follows:
"(3) Part II commences on a day to be fixed by Proclamation."
(n) The Community Services and Health Legislation Amendment Act 1988 was amended by Part V (sections 38-40) only of the Community Services and Health Legislation Amendment Act (No. 2) 1988, subsection 2 (5) of which provides as follows:
"(5) Part V shall be taken to have commenced on 24 June 1988."
(p) The Aged or Disabled Persons Homes Act 1954 was amended by section 41 (1) of the Community Services and Health Legislation Amendment Act (No. 2) 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent."
(q) The Aged or Disabled Persons Homes Act 1954 was amended by sections 1-26 only of the Aged or Disabled Persons Homes Amendment Act 1989 (as amended by the Community Services and Health Legislation Amendment Act (No. 2) 1989), section 2 of which provides as follows:
"2. (1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.
"(2) Paragraph 11 (e) shall commence, or shall be taken to have commenced, on the day fixed by Proclamation under subsection 2 (2) of the Community Services and Health Legislation Amendment Act 1987 as the day on which section 14 of that Act comes into operation.
"(3) Paragraph 17 (g) and subsection 21 (1) shall commence, or shall be taken to have commenced, on the day of commencement of section 5 of the Community Services and Health Legislation Amendment Act 1988.
"(4) The remaining provisions of this Act commence on a day or days to be fixed by Proclamation."
(r) The Aged or Disabled Persons Homes Amendment Act 1989 was amended by Part 3 (sections 6 and 7) only of the Community Services and Health Legislation Amendment Act (No. 2) 1989, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent."
(s) The Aged or Disabled Persons Homes Act 1954 was amended by sections 3-5 only of the Community Services and Health Legislation Amendment Act (No. 2) 1989, subsections 2 (1), (4) and (5) of which provide as follows:
"(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
"(4) Section 4, paragraphs 26 (b) and (c) and sections 28 and 31 commence on 1 July 1990.
"(5) Subject to subsection (6), section 5, paragraphs 26 (d) and (e) and sections 33, 34 and 36 commence on a day or days to be fixed by Proclamation."
(t) The Aged or Disabled Persons Homes Act 1954 was amended by sections 3-10 only of the Community Services and Health Legislation Amendment Act (No. 2) 1990, subsections 2 (1) and (4) of which provide as follows:
"(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
"(4) Sections 5 and 8 commence on 9 January 1991."
(u) The Aged or Disabled Persons Care Act 1954 was amended by section 3 only of the Health, Housing and Community Services Legislation Amendment Act 1992, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent."
(v) "Part 6 is taken to have commenced immediately after the commencement of section 11 of the National Health Amendment Act 1987."
Section 11 commenced on 26 May 1987.
(w) The Health and Community Services Legislation Amendment Act (No. 2) 1992 was amended by section 6 only of the Health and Community Services Legislation Amendment Act 1993, subsection 2 (2) of which provides as follows:
"(2) Section 6 is taken to have commenced immediately after the commencement of section 2 of the Health and Community Services Legislation Amendment Act (No. 2) 1992."
Section 2 commenced on 21 December 1992.
(x) The Aged or Disabled Persons Care Act 1954 was amended by Part 2 (sections 3 and 4) only of the Health and Community Services Legislation Amendment Act 1993, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent."
(y) The Aged or Disabled Persons Care Act 1954 was amended by the Human Services and Health Legislation Amendment Act (No. 3) 1995, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent."
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
Title am. No. 68, 1969; No. 115, 1974; No. 157,
1980; No. 211, 1991
Heading to Part I ad. No. 68, 1969
S. 1 am. No. 115, 1974; No. 211, 1991
S. 1A ad. No. 68, 1969
rep. No. 216, 1973
S. 2 am. No. 47, 1957; No. 83, 1967; Nos. 128 and
216, 1973; No. 115, 1974; No. 157, 1980;
No. 98, 1982; No. 69, 1983; No. 165, 1984;
No. 95, 1985; No. 163, 1986; Nos. 72 and
132, 1987; No. 87, 1989; No. 141, 1990;
No. 211, 1991; Nos. 192 and 204, 1992
S. 3 am. No. 115, 1974; No. 165, 1984; No. 127,
1985; No. 132, 1987; No. 211, 1991; No. 204,
1992
S. 4 am. No. 165, 1984 rep. No. 132, 1987
S. 5 rep. No. 83, 1967
ad. No. 69, 1983
am. No. 165, 1984; No. 132, 1987; No. 87,
1989
Heading to Part II ad. No. 68, 1969
rs. No. 87, 1989
Heading to Div. 1 of
Part II ad. No. 132, 1987
rep. No. 87, 1989
Div. 1 of Part II (s. 6)
rep. No. 87, 1989
S. 6 am. No. 128, 1973; No. 115, 1974; No. 157,
1980; No. 165, 1984; No. 95, 1985; No. 132,
1987
rs. No. 87, 1989
Heading to Div. 2 of
Part II ad. No. 132, 1987
rep. No. 87, 1989
S. 7 am. No. 83, 1967; No. 68, 1969; No. 115,
1974; No. 157, 1980; No. 61, 1981; No. 165,
1984; No. 132, 1987; No. 87, 1989
S. 8 am. No. 268, 1969; No. 115, 1974; No. 157,
1980; No. 165, 1984; No. 95, 1985; Nos. 72
and 132, 1987; No. 87, 1989
S. 8A ad. No. 95, 1985
rep. No. 132, 1987
S. 9 am. No. 47, 1957; No. 83, 1967; No. 68,
1969; No. 216, 1973; No. 115, 1974; No. 157,
1980; No. 98, 1982; No. 165, 1984; No. 115,
1986; Nos. 72 and 132, 1987; No. 99, 1988;
No. 87, 1989
Heading to Part III ad. No. 87, 1989
Heading to Div. 1 of
Part III ad. No. 87, 1989
S. 9AA ad. No. 87, 1989
am. No. 141, 1990
Heading to Div. 2 of
Part III ad. No. 87, 1989
Ss. 9AB, 9AC ad. No. 87, 1989
am. No. 141, 1990
Heading to Div. 3 of
Part II ad. No. 132, 1987
rep. No. 87, 1989
Heading to Div. 3 of
Part III ad. No. 87,1989
Div. 3 of Part II (ss. 9A-9C)
ad. No. 132, 1987
Ss. 9A, 9B ad. No. 132, 1987
am. No. 87, 1989
S. 9C ad. No. 132, 1987
Heading to Div. 4 of
Part II ad. No. 132, 1987
rep. No. 87, 1989
Div. 4 of Part II
(ss. 9D, 9E, 10) rep. No. 87, 1989
Ss. 9D, 9E ad. No. 132, 1987
rep. No. 87, 1989

S. 10 am. No. 68, 1969
rep. No. 87, 1989
S. 10AA ad. No. 115, 1974
rep. No. 69, 1983
Heading to Part III am. No. 69, 1983
rs. No. 132, 1987
rep. No. 87, 1989
Heading to Div. 4 of
Part III ad. No. 87, 1989
am. No. 149, 1995
Part III
(ss. 10A-10H) ad. No. 68, 1969
S. 10A ad. No. 68, 1969
am. No. 115, 1974; No. 157, 1980
rs. No. 69, 1983
am. Nos. 78 and 165, 1984; No. 127, 1985
rs. No. 132, 1987
am. No. 79, 1988
rs. No. 87, 1989
Ss. 10AB, 10AC ad. No. 211, 1991
S. 10B ad. No. 68, 1969
am. No. 115, 1974; No. 157, 1980
rs. No. 69, 1983
am. No. 165, 1984; No. 132, 1987
rs. No. 87, 1989
am. No. 141, 1990; No. 211, 1991
S. 10C ad. No. 68, 1969
am. No. 84, 1972; No. 128, 1973; No. 115,
1974; No. 157, 1980; No. 115, 1986
rs. No. 132, 1987
am. No. 87, 1989; No. 141, 1990; No. 204,
1992
S. 10D ad. No. 68, 1969
am. No. 115, 1974; No. 69, 1983; No. 165,
1984; No. 95, 1985
rs. No. 132, 1987
am. No. 79, 1988; No. 87, 1989; No. 141,
1990; No. 211, 1991
rs. No. 192, 1992
S. 10DAA ad. No. 204, 1992
S. 10DA ad. No. 3, 1990
rs. No. 141, 1990
S. 10DB ad. No. 3, 1990
am. No. 141, 1990
S. 10E ad. No. 68, 1969
rep. No. 69, 1983
ad. No. 132, 1987
rep. No. 87, 1989
S. 10F ad. No. 68, 1969
rep. No. 69, 1983
ad. No. 132, 1987
am. No. 79, 1988; No. 87, 1989; No. 141,
1990; No. 211, 1991; No. 192, 1992
S. 10FA ad. No. 132, 1987
rs. No. 87, 1989
am. No. 141, 1990
S. 10FB ad. No. 132, 1987
am. No. 87, 1989
rep. No. 87, 1989
ad. No. 3, 1990
am. No. 141, 1990
S. 10FAA ad. No. 87, 1989
am. No. 141, 1990; No. 211, 1991
S. 10FC ad. No. 211, 1991
Div. 5 of Part III
(ss. 10FD-10FH) ad. No. 204, 1992
Ss. 10FD-10FH ad. No. 204, 1992
Div. 6 of Part III
(ss. 10FI-10FK) ad. No. 204, 1992
Ss. 10FI-10FK ad. No. 204, 1992
S. 10G ad. No. 68, 1969
am. No. 157, 1980
rs. No. 24, 1985
am. No. 87, 1989; No. 141, 1990
rep. No. 211, 1991
S. 10H ad. No. 68, 1969
am. No. 91, 1976; No. 98, 1982
rep. No. 69, 1983
Part IIIA
(ss. 10G, 10GA-10GN) ad. No. 211, 1991
S. 10G ad. No. 211, 1991
Ss. 10GA-10GF ad. No. 211, 1991
S. 10GG ad. No. 211, 1991
am. No. 88, 1992
Ss. 10GH-10GN ad. No. 211, 1991
Heading to Part IV ad. No. 68, 1969
S. 10H ad. No. 87, 1989
am. No. 211, 1991
S. 10HA ad. No. 211, 1991
S. 10J ad. No. 87, 1989
am. No. 141, 1990
Ss. 10JA, 10JB ad. No. 12, 1994
S. 10K ad. No. 87, 1989
am. No. 211, 1991; No. 204, 1992
S. 10KA ad. No. 211, 1991
Heading to Schedule am. No. 211, 1991
Schedule ad. No. 141, 1990
Schedule 2 ad. No. 211, 1991
#ADD 6:12:1994

AGED OR DISABLED PERSONS CARE ACT 1954 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Section
PART I - PRELIMINARY
1. Short title
2. Interpretation
3. Purpose
5. Delegation
PART II - CAPITAL GRANTS FOR NURSING HOMES
6. Eligible organisations may apply for capital grants
7. Grants to eligible organisations
8. Terms and conditions of grant
9. Amount of grant
PART III - CAPITAL GRANTS AND RECURRENT SUBSIDIES FOR
APPROVED HOSTELS
Division 1 - Determination of maximum number of hostel places etc.
9AA. Determination of maximum number of hostel places etc.
Division 2 - Approvals in principle for capital and recurrent
funding or recurrent funding alone
9AB. Approvals in principle
9AC. Transfers
Division 3 - Capital grants for eligible organisations in
respect of hostels
9A. Capital grants to eligible organisations
9B. Guidelines for capital grants
9C. Agreements with respect to conditions of grants
Division 4 - Recurrent subsidies for organisations in respect
of approved hostels
10A. Minister may approve accommodation services and personal
care services
10AB. Approved operators in relation to approved hostels
10AC. Revocation of approval
10B. Approval of hostels for recurrent funding purposes
10C. Authority to provide financial assistance
10D. Payments of financial assistance
10DAA. Payments of financial assistance if a declaration under
section 10FI is in force
10DA. Charter of Residents' Rights and Responsibilities
10DB. Agreement between proprietor and resident
10F. General conditions of recurrent subsidies
10FA. Organisation to enter into agreement
10FB. Statements may be published in relation to certain hostels
10FAA. Revocation or suspension of approval or variation of
agreement
10FC. Automatic revocation of approval of certain hostels
10FD. Division 5 - Hostel Standards Review Panels Establishment
10FE. Functions
10FF. Powers
10FG. Performance of a Hostel Standards Review Panel's functions
10FH. Minister may make Orders
Division 6 - Failure to meet care service standards in the
provision of care services
10FI. Declaration of failure to meet standards
10FJ. Certain matters to occur before Minister makes a declaration
10FK. Information about Minister's declaration may be made
available to the public
PART IIIA - COMMUNITY AGED CARE SERVICES
Division 1 - Preliminary
10G. Object of Part
10GA. Minister may approve community aged care services
10GB. Minister may specify maximum number of community aged care
services packages for a State or Territory
10GC. Minister may approve organisations as community aged care
services providers
10GD. Minister may revoke approval as a community aged care
services provider
Division 2 - Financial assistance
10GE. How to obtain financial assistance under this Part
10GF. Approval of grant of financial assistance
10GG. Organisation to enter into agreement
10GH. Financial assistance
10GI. Community Aged Care Services General Conditions of financial
assistance
Division 3 - Revocation of approval of grant or variation of
agreements and other matters
10GJ. Minister may review the payment of financial assistance to
an organisation
10GK. Minister may revoke an approval of a grant after a review
10GL. Minister may revoke an approval of a grant if the
organisation applies
10GM. Minister may vary an agreement
10GN. Transfers of approvals
PART IV - MISCELLANEOUS
10H. Review of decisions
10HA. The time when principles come into force
10J. Agreements may be entered into with transferees of building
etc.
10JA. Statements that are false or misleading
10JB. Submissions that are false or misleading
10K. Certain instruments are disallowable instruments
10KA. Appropriation
11. Regulations
SCHEDULE 1
CHARTER OF RESIDENTS' RIGHTS AND RESPONSIBILITIES IN APPROVED HOSTELS
SCHEDULE 2
HOSTELS WHOSE APPROVALS ARE TO BE REVOKED

AGED OR DISABLED PERSONS CARE ACT 1954 - LONG TITLE

SECT

An Act to provide for Assistance by the Commonwealth towards
the provision of Care for Aged Persons or Disabled Persons,
and for other purposes

AGED OR DISABLED PERSONS CARE ACT 1954 - PART I
PART I - PRELIMINARY

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 1
Short title

SECT

1. This Act may be cited as the Aged or Disabled Persons Care Act 1954.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 2
Interpretation

SECT

2. (1) In this Act, unless the contrary intention appears:
"aged person" means a person who has attained the age of 60 years;
"approved", in relation to a hostel, means approved, or deemed to be approved, under section 10B;
"approved operator" means an organisation in relation to which an approval under section 10AB is in force;
"approved provider" means an organisation in relation to which an approval under section 10GC is in force;
"building" includes a part of a building and an addition to a building;
"capital works costs", in relation to a hostel, include, but are not limited to, the following costs:
(a) the cost of acquiring the land on which the hostel premises are, or are to be, built;
(b) the cost of acquiring, erecting, altering or extending the hostel premises;
(c) the cost of acquiring furniture, fittings or equipment for, or altering or installing furniture, fittings, or equipment on, the hostel premises;
but, if those hostel premises are, or will be, part of larger premises, another part of which is not, or will not be, a hostel, do not include any costs that the Minister considers are attributable to the other part of the larger premises;
"capital works costs", in relation to a nursing home, include, but are not limited to, the following costs:
(a) the cost of acquiring the land on which the nursing home premises are, or are to be, built;
(b) the cost of acquiring, erecting, altering or extending the nursing home premises;
(c) the cost of acquiring furniture, fittings or equipment for, or altering or installing furniture, fittings or equipment on, the nursing home premises;
but, if those nursing home premises are, or will be, part of larger premises, another part of which is not, or will not be, nursing home premises, do not include any costs that the Minister considers are attributable to the other part of the larger premises;
"care service standards" means the standards set out in the General Conditions as standards to be met in the provision of hostel care services and personal care services;
"care services" means hostel care services and personal care services;
"Charter" means the Charter of Residents' Rights and Responsibilities in Approved Hostels referred to in section 10DA;
"community aged care services" means care services that:
(a) are provided to maintain a person in his or her own home; and
(b) are of a kind in relation to which an approval under section 10GA is in force;
"Community Aged Care Services General Conditions" means the conditions formulated under section 10GI;
"community aged care services package" means the combination of community aged care services that are to be provided to an eligible person by an organisation;
"disabled person" means a person who has attained the age of 16 years and who is:
(a) permanently blind; or
(b) permanently incapacitated for work;
"eligible person" means:
(a) an aged or disabled person who is assessed as requiring:
(i) hostel care services; or
(ii) hostel care services and personal care services;
(b) a person who was residing with a person referred to in paragraph (a) prior to the time at which that last-mentioned person commenced to receive such services otherwise than on a temporary basis and who intends to continue to reside with that person after that time; and
(c) an aged or disabled person:
(i) who wishes to avail himself or herself, on a temporary basis,
of hostel care services; or
(ii) who wishes to avail himself or herself, on a temporary basis,
of hostel care services and personal care services and who is assessed as requiring such services; and
(d) an aged or disabled person who:
(i) is assessed as requiring community aged care services; and
(ii) is not living in:
(A) a hostel; or
(B) a hospital; or
(C) a nursing home within the meaning of the National Health
Act 1953 or the Nursing Homes Assistance Act 1974; or
(D) an institution carried on exclusively or primarily for the
treatment of mentally ill or mentally defective persons, being an institution conducted by, or in receipt of a grant for maintenance from, a State; or
(E) premises the maintenance expenditure of which is provided
for under an arrangement entered into under the Tuberculosis Act 1948;
"financially disadvantaged person", except in section 9, means a person who, in accordance with the manner of identification provided for in the General Conditions has been identified as financially disadvantaged;
"General Conditions" means the General Conditions formulated under section 10F;
"government authority" means an authority established by or under a law of the Commonwealth, a State or a Territory, but does not include a local governing body;
"hostel" means premises:
(a) that are fitted, furnished and equipped for the purpose of providing:
(i) relevant care services for persons who, by reason of age or
disability, have a need for such services; and
(ii) accommodation for persons who reside with the first-mentioned
persons; and
(b) in which such persons are accommodated exclusively for the purpose of receiving such services or accommodation, as the case may be;
but does not include:
(c) a hospital;
(d) a nursing home within the meaning of the National Health Act 1953 or the Nursing Homes Assistance Act 1974;
(e) an institution carried on exclusively or primarily for the treatment of mentally ill or mentally defective persons, being an institution conducted by, or in receipt of a grant for maintenance from, a State; or
(f) premises the maintenance expenditure of which is provided for under an arrangement entered into under the Tuberculosis Act 1948;
"hostel care services" means accommodation services of a kind in relation to which an approval under subsection 10A (1) is in force;
"hostel place" means a place in a hostel that is maintained by an organisation for one eligible person, whether separately or in company with another eligible person or other eligible persons, for the purpose of providing hostel care services and personal care services to that first-mentioned person;
"local governing body" means a local governing body established by or under a law of a State or Territory;
"Orders" means the Orders made by the Minister under section 10FH;
"organisation" means a person or a group of individuals;
"personal care services" means daily personal care services of a kind in relation to which an approval under subsection 10A (2) is in force;
"relevant period" means:
(a) for the purposes of Parts II and III, the period of 12 months beginning on 1 July 1989 or on 1 July of any subsequent year; and
(b) for the purposes of Part IIIA:
(i) the period of 6 months beginning on 1 January 1992; or
(ii) the period of 12 months beginning on 1 July 1992 or on 1 July
of any subsequent year;
"respite care place" means a hostel place of a kind that is maintained for one eligible person, whether separately or in company with another eligible person or other eligible persons, for the purpose of providing care services to that first-mentioned person;
"Secretary" means the Secretary to the Department.


(1A) A reference in this Act to an approved hostel place or to an approved respite care place shall be taken to be a reference to a hostel place or a respite care place, as the case requires, that is included within the number of hostel places or respite care places that are specified from time to time in an agreement under section 10FA as places in respect of which financial assistance by way of recurrent subsidy may, in accordance with Division 4 and that agreement, be payable.


(1B) A reference in this Act to capital works costs associated with the acquisition or erection, the demolition and reconstruction, or the alteration or extension, of a hostel shall not be taken to exclude any capital works costs referred to in any paragraph of the definition of "capital works costs, in relation to a hostel, that are reasonably incurred in connection with that acquisition or erection, that demolition or reconstruction, or that alteration or extension, as the case requires.


(2) A reference in this Act to the Government of a State shall be read as including a reference to the Government of the Northern Territory.


(3) Each of the following is an eligible organisation:
(a) an organisation that is carried on otherwise than for the purpose of profit or gain to its individual members and is:
(i) a religious organisation;
(ii) an organisation the principal objects or purposes of which
are charitable or benevolent;
(iii) an organisation of former members of the Defence Force
established in every State;
(iv) a State branch of an organisation referred to in subparagraph
(iii); or
(v) an organisation approved by the Minister for the purposes of
this Act;
(b) a local governing body;
(c) the trustee or trustees under a trust established by an organisation referred to in paragraph (a) or by a local governing body;
(d) a corporation established by an organisation referred to in paragraph (a) or by a local governing body;
(e) the trustee or trustees under a trust established for charitable purposes and approved by the Minister for the purposes of this Act.


(4) Subsection (3) does not apply to an organisation to which subsection (5) applies.


(5) An organisation to which this subsection applies is an eligible organisation in relation to a particular building or particular buildings, or a part of a particular building, if the Minister has, in writing, declared the organisation to be an eligible organisation in relation to the building or buildings, or part, as the case may be.


(6) Subsection (5) applies to an organisation that:
(a) is conducted or controlled by, or by persons appointed by, the Government of the Commonwealth or of a State; or
(b) conducts, or has at any time conducted, a public hospital.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 3
Purpose

SECT

3. (1) The purposes of this Act are to encourage and assist:
(a) the provision of suitable homes for eligible persons, being homes at which eligible persons may reside in conditions approaching as nearly as practicable normal domestic life; and
(b) the provision of accommodation at which care services may be provided for eligible persons; and
(c) the provision of community aged care services to eligible persons.


(2) The Minister and the Secretary shall, in exercising powers under this Act, have regard to the purposes of this Act.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 5
Delegation

SECT

5. (1A) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to the Secretary, to an officer of the Department or to a person performing the duties of an office in the Department all or any of the powers of the Minister under this Act, other than this power of delegation.


(1) The Secretary may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Secretary, delegate to an officer of the Department or to a person performing the duties of an office in the Department all or any of the powers of the Secretary under this Act, other than this power of delegation.


(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister, or the Secretary, as the case requires.


(3) A delegation under this section does not prevent the exercise of a power by the Minister, or the Secretary, as the case requires.

AGED OR DISABLED PERSONS CARE ACT 1954 - PART II
PART II - CAPITAL GRANTS FOR NURSING HOMES

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 6
Eligible organisations may apply for capital grants

SECT

6. Where an eligible organisation makes, or proposes to make, application to the Minister under section 39A of the National Health Act 1953 for a certificate of a kind referred to in subsection 39A (2), (2A), (3) or (3A), or under section 39B of that Act for a certificate of a kind referred to in subsection 39B (5), in respect of a nursing home, the eligible organisation may, at the time of making such an application, also make application, in writing, to the Minister for financial assistance by way of a grant towards capital works costs in respect of that nursing home, being capital works costs incurred, or to be incurred, in connection with the nursing home that is the subject of that first-mentioned application.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 7
Grants to eligible organisations

SECT

7. (1) Where the Minister grants a certificate under section 39A or 39B of the National Health Act 1953 to an eligible organisation that has also made application to the Minister under section 6 of this Act, the Minister may, in his or her discretion, on behalf of the Commonwealth, make a payment of financial assistance to that organisation by way of a grant towards the capital works costs in respect of the nursing home that is the subject of the certificate.


(2) A grant under this section shall be made at such time as is, or by such instalments and at such times as are, determined by agreement between the Minister and the eligible organization or, in the absence of agreement, by the Minister.


(3) A payment under this section shall not be made except to:
(a) a body corporate in which;
(b) trustees in whom; or
(c) any other organisation declared by the Minister under subsection 2 (5) in which;
the nursing home is, or is to be, vested.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 8
Terms and conditions of grant

SECT

8. (1) A grant to an eligible organization under section 7 may be made upon such conditions, not inconsistent with this Act, as the Minister thinks fit.


(2) Where the Minister makes a payment of financial assistance to an organisation by way of grant under subsection 7 (1), the financial assistance is not payable to the organisation unless the organisation has entered into an agreement with the Minister that specifies the conditions on which the financial assistance is granted and under which the organisation agrees to comply with those conditions.


(2A) Where:
(a) an organisation has entered into an agreement specifying the conditions on which financial assistance under subsection 7 (1) was granted; and
(b) the Minister, with the consent of the organisation, varies those conditions;
the agreement shall be taken to be varied accordingly.


(3) The conditions upon which a grant may be made under subsection (1) include, but are not limited to, conditions with respect to:
(a) the repayment of financial assistance;
(b) the giving of security for the repayment of financial assistance or the payment to the Commonwealth of amounts (whether or not exceeding the amount of financial assistance) that under the conditions are to be taken as representing the Commonwealth's interest in:
(i) land acquired (with or without buildings);
(ii) buildings acquired, erected, altered or extended; and
(iii) equipment acquired, altered or extended;
as a result of the application of the financial assistance or of the financial assistance and other money; and
(c) the use and disposal of, and the recovery of amounts (whether or not exceeding the amount of financial assistance) that under the conditions are to be taken as representing the Commonwealth's interest in:
(i) land acquired (with or without buildings);
(ii) buildings acquired, erected, altered or extended; and
(iii) equipment acquired, altered or installed;
as a result of the application of the financial assistance or of the financial assistance and other money.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 9
Amount of grant

SECT

9. (1) Subject to this section, the amount of a grant under section 7 in respect of a nursing home shall be an amount not exceeding:
(a) in a case to which paragraph (b) does not apply - 80% of the capital works costs in respect of the home or 4 times the amount of the funds of the eligible organisation available for expenditure toward the capital works costs in respect of the home, whichever is the less; or
(b) in a case where the Secretary certifies, in writing, that the Secretary is satisfied that the nursing home is intended to be used exclusively or almost exclusively for the accommodation of financially disadvantaged persons - the capital works costs in respect of the home.


(1A) Subject to subsection (1B), the amount of the funds of an eligible organization available for expenditure towards the capital works costs in respect of a nursing home shall be deemed to be the sum of such part (if any) of the notional amount to be taken into account under subsection (1B) as the Minister, in his or her discretion, determines, the moneys (if any) expended, and the moneys presently available for expenditure, by the organization toward the capital works costs in respect of the home.


(1B) The notional amount to be taken into account in a calculation under subsection (1A) is the market value, at the time at which the calculation is made, of the eligible organisation's estate or interest in the land to be used in connection with an application under section 6 or the market value of the organisation's estate or interest in the land immediately after acquisition, whichever is the greater.


(1C) The Minister may, in his or her discretion, determine in writing that all land or particular land donated to the eligible organisation:
(a) by the Commonwealth; or
(b) by an authority established by or under a law of the Commonwealth;
shall not be taken into account for the purposes of subsection (1B).


(1D) Moneys expended in acquiring land taken into account for the purposes of subsection (1B) shall not be taken into account, for the purposes of subsection (1A), as moneys expended.


(2) The Minister shall not make, or agree to make, a grant under section 7 to an eligible organization in respect of a nursing home unless the Minister is satisfied that the sum of the moneys (if any) expended, and the moneys presently available for expenditure, by the organization towards the capital works costs in respect of the home, together with the amount of the grant, will be not less than the capital works costs in respect of the home.


(3) The Minister may determine, in writing, that a class of persons specified in the determination is a class of financially disadvantaged persons for the purposes of this section.


(4) In this section, "financially disadvantaged person" means an aged or disabled person included in a class of persons determined by the Minister, under subsection (3), to be a class of financially disadvantaged persons.

AGED OR DISABLED PERSONS CARE ACT 1954 - PART III
PART III - CAPITAL GRANTS AND RECURRENT SUBSIDIES FOR
APPROVED HOSTELS

AGED OR DISABLED PERSONS CARE ACT 1954 - DIVISION 1
Division 1 - Determination of maximum number of hostel places etc.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 2
Determination of maximum number of hostel places etc.

SECT

9AA. (1) The Minister may, by notice in writing published in the Gazette, specify a number as the maximum number of hostel places for a State or Territory for a relevant period.


(2) The Minister may, by notice in writing published in the Gazette, specify a number as the maximum number of hostel places for a region within a State or Territory for a relevant period.


(3) The aggregate of the numbers specified at any time in notices in force under subsection (2) in relation to all the regions in a State or Territory in relation to a relevant period shall not exceed the number specified at that time in the notice in force under subsection (1) in relation to that State or Territory in relation to that period.


(4) The Minister shall not, at any time during a relevant period:
(a) issue or vary a certificate under subsection 9AB (3), (6), (8) or (10); or
(b) enter into an agreement under section 10FA specifying a number of hostel places as places in respect of which financial assistance by way of recurrent subsidy is payable or vary the number so specified;
if the effect of doing so would be that the number of committed hostel places in a State, Territory or region at that time would exceed the maximum number of hostel places specified under this section for that State, Territory or region for that period.


(5) For the purposes of this section, the number of committed hostel places in a State or Territory, or in a region of a State or Territory, at a particular time shall, subject to subsections (6), (7), (8), (9) and (10), be taken to be the number equal to the aggregate of:
(a) the number of hostel places specified for recurrent subsidy purposes in certificates in force at that time under subsections 9AB (3), (6), (8) and (10); and
(b) the number of hostel places specified for recurrent subsidy purposes in agreements in force at that time under section 10FA;
being certificates granted, or agreements entered into, in relation to hostels, or proposed hostels, in that State, Territory or region, as the case may be.


(6) Where:
(a) a certificate is issued under subsection 9AB (3) or (6) in relation to a hostel;
(b) a number of hostel places is specified in that certificate for recurrent subsidy purposes; and
(c) those hostel places are subsequently specified for recurrent subsidy purposes in an agreement in force under section 10FA;
the certificate, and any determination made under subsection 9AB (11) in relation to the certificate, shall, as from the time of entry into the agreement be disregarded for the purposes of this section.


(7) Where:
(a) an agreement has been entered into under section 10FA in relation to a hostel;
(b) a number of hostel places are specified for recurrent subsidy purposes in that agreement; and
(c) while that agreement is in force, a certificate is granted under subsection 9AB (3) or (6) in respect of the demolition and reconstruction of the hostel;
the agreement shall be disregarded for the purpose of this section while the certificate is in force.


(8) Where:
(a) a certificate is granted in relation to a hostel under subsection 9AB (8) or (10);
(b) a number of hostel places is specified in that certificate for recurrent subsidy purposes; and
(c) the agreement entered into under section 10FA is varied to give effect to the certificate by substituting another number for the number of hostel places specified in that agreement for recurrent subsidy purposes;
the certificate, and any determination made under subsection 9AB (11) in relation to the certificate, shall, as from the date of variation of the agreement under section 10FA, be disregarded for the purposes of this section.


(9) A certificate in force under subsection 9AB (3) or (6) in respect of a hostel immediately before the Minister approves the hostel under section 10B shall be taken, for the purposes of this section, to continue in force until:
(a) the organisation to whom the certificate was issued enters into an agreement under section 10FA in respect of the hostel in terms satisfactory to the Minister; or
(b) the period for entry by the organisation into such an agreement in respect of the hostel, being the period referred to in subsection 10B (10), expires;
whichever first occurs.


(10) Where the Minister, under subsection 9AC (2), gives effect to a request for the transfer of an approval, in so far as it relates to certain approved hostel places, from an approved hostel in a State or Territory to another hostel or proposed hostel in the same State or Territory, then, for the purpose only of determining the number of committed places in that State or Territory under subsection (5) of this section, those approved hostel places shall not, during the period between the taking of action by the Minister under paragraph 9AC (2) (c) and the taking of action by the Minister under paragraph 9AC (2) (d), be taken into account as approved hostel places.


(11) A reference in this section to hostel places specified for recurrent subsidy purposes in an instrument shall be read as a reference to places identified in that instrument, by whatever means, as places in respect of which financial assistance by way of recurrent subsidy will, subject to this Act, be payable.

AGED OR DISABLED PERSONS CARE ACT 1954 - DIVISION 2
Division 2 - Approvals in principle for capital and recurrent
funding or recurrent funding alone

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 9AB
Approvals in principle

SECT

9AB. (1) Where an eligible organisation that has acquired or erected, or that proposes to acquire or erect, premises so as to enable it to operate a hostel makes application in writing, to the Minister for approval in principle:
(a) for financial assistance by way of a grant towards the capital works costs associated with the acquisition or erection of the hostel; and
(b) for financial assistance by way of recurrent subsidy in respect of the hostel;
the Minister may, in his or her discretion, grant or refuse to grant that approval in principle.


(2) Where an eligible organisation that operates an approved hostel proposes to demolish and reconstruct the premises at which the hostel is operated makes application, in writing, to the Minister for approval in principle:
(a) for financial assistance by way of a grant towards the capital works costs associated with the demolition and reconstruction of the hostel; and
(b) for financial assistance by way of recurrent subsidy in respect of the hostel as so reconstructed;
the Minister may, in his or her discretion, grant or refuse to grant that approval in principle.


(3) Where the Minister decides to grant an approval in principle in respect of an application under subsection (1) or (2), the Minister shall do so by issuing to the eligible organisation concerned a certificate stating:
(a) that if, within 12 months after the issue of the certificate, the organisation:
(i) meets such conditions, and provides such information and
documents, in connection with that acquisition or erection, or demolition and reconstruction, as the case requires, as are specified by the Minister in the certificate; and
(ii) makes application under section 9A for financial assistance
by way of a grant of the kind referred to in paragraph (a) of that subsection in respect of the hostel;
that application will not be refused;
(b) that, if financial assistance is approved under that application, then:
(i) in the application of the guidelines referred to in section 9B
for the purpose of computing the amount of that financial assistance, such matters as are specified in the certificate shall, without limiting the generality of any other matters properly relevant in accordance with that section, be taken into account; and
(ii) the financial assistance will, subject to Division 3, be
payable on such conditions as are determined in accordance with an agreement entered into under section 9C;
(c) that it is a condition of validity of the certificate that the organisation will, within 12 months after the Minister notifies the organisation that he or she has decided to pay the financial assistance referred to in subparagraph (3) (a) (ii), make application under section 10B for approval of the hostel for financial assistance by way of recurrent subsidy in respect of a number of hostel places (including, where appropriate, a number of respite care places) specified in the certificate;
(d) that the application under section 10B will not be refused if, at the time of making that application, the Minister is satisfied that the organisation complies with such conditions as are specified in the certificate; and
(e) that, if the approval of the hostel for financial assistance by way of recurrent subsidy is granted:
(i) the financial assistance will, subject to Division 4, be
payable, subject to subparagraph (ii), on such conditions as are determined in accordance with an agreement entered into under section 10FA; and
(ii) the conditions of payment of that financial assistance under
that agreement shall, subject to any later variations that may be effected, include a condition that the organisation will, at all times, make the number of hostel places (including, where appropriate, the number of respite care places) referred to in paragraph (c) available for the accommodation of eligible persons generally or of such classes of eligible persons as are specified in the certificate in such proportions or numbers as are so specified in relation to each such class.


(4) Where an organisation that has acquired or erected, or that proposes to acquire or erect, premises so as to enable it to operate a hostel makes application, in writing, to the Minister for approval in principle for financial assistance by way of recurrent subsidy in respect of the hostel, the Minister may, in his or her discretion, grant or refuse to grant that approval in principly.


(5) Where the organisation that operates an approved hostel proposes to demolish and reconstruct the premises at which the hostel is operated makes application, in writing, to the Minister for approval in principle for financial assistance by way of recurrent subsidy in respect of the hostel as so reconstructed, the Minister may, in his or her discretion, grant or refuse to grant, the approval in principle.


(6) Where the Minister decides to grant an approval in principle in respect of an application under subsection (4) or (5), the Minister shall do so by issuing to the organisation concerned a certificate stating:
(a) that if, within 12 months after the issue of the certificate:
(i) the organisation makes application under section 10B for
approval of the hostel for financial assistance by way of recurrent subsidy in respect of a number of hostel places (including, where appropriate, a number of respite care places) specified in the certificate; and
(ii) at the time of making that application, the Minister is
satisfied that the organisation complies with such conditions as are specified in the certificate;
the application for approval will not be refused; and
(b) that, if the approval of the hostel for financial assistance by way of recurrent subsidy is granted:
(i) the financial assistance will, subject to Division 4, be
payable, subject to subparagraph (ii), on such conditions as are determined in accordance with an agreement entered into under section 10FA; and
(ii) the conditions of payment of that financial assistance under
that agreement shall, subject to any later variations that may be effected, include a condition that the organisation will, at all times, make the number of hostel places (including, where appropriate, the number of respite care places) referred to in paragraph (a) available for the accommodation of eligible persons generally or of such classes of eligible persons as are specified in the certificate in such proportions or numbers as are so specified in relation to each such class.


(7) Where an eligible organisation:
(a) that operates an approved hostel in respect of which a number of hostel places are approved hostel places; and
(b) that proposes that further hostel places, whether already existing or to be created by virtue of the alteration or extension of the hostel, become approved hostel places;
makes application, in writing, to the Minister for approval in principle:
(c) for financial assistance:
(i) in the case of hostel places that already exist - by way of
additional grant towards the capital works costs associated with the acquisition or erection of the hostel; and
(ii) in the case of hostel places to be created by virtue of the
alteration or extension - by way of a grant towards the capital works costs associated with the alteration or extension of the hostel; and
(d) for financial assistance by way of additional recurrent subsidy in respect of the hostel;
the Minister may, in his or her discretion, grant or refuse to grant that approval in principle.


(8) Where the Minister decides to grant an approval in principle in respect of the application under subsection (7), the Minister shall do so by issuing to the eligible organisation concerned a certificate stating:
(a) that if, within 12 months after the issue of the certificate, the organisation:
(i) meets such conditions, and provides such information and
documents in connection with the application as are specified by the Minister in the certificate; and
(ii) makes application under section 9A for financial assistance
by way of a grant of a kind referred to in paragraph (7) (c) in respect of the hostel;
the application will not be refused;
(b) that, if financial assistance is approved under that application, then:
(i) in the application of the guidelines referred to in section 9B
for the purpose of computing the amount of that financial assistance, such matters as are specified in the certificate shall, without limiting the generality of any other matters properly relevant in accordance with that section, be taken into account; and
(ii) the financial assistance will, subject to Division 3, be
payable on such conditions as are determined in accordance with an agreement entered into under section 9C;
(c) that it is a condition of validity of the certificate that the organisation will, within 12 months after the Minister notifies the organisation that he or she has decided to pay the financial assistance referred to in subparagraph (8) (a) (ii), make application to the Minister under section 10FA to vary the agreement entered into under that section relating to the provision of financial assistance by way of recurrent subsidy in respect of that hostel:
(i) so as to alter the number of hostel places specified in the
agreement to include a number of additional hostel places specified in the certificate;
(ii) where the Minister considers it appropriate, so as to alter
or insert, in terms specified in the certificate, a term or terms relating to the provision of respite care places; and
(iii) where the Minister considers it appropriate, so as to alter
or insert, in terms specified in the certificate, a term or terms relating to the accommodation in approved hostel places (including, where appropriate, approved respite care places) of such classes of eligible persons as are specified in the certificate in such proportions or numbers as are so specified in respect of each such class; and
(d) that an application for variation of an agreement made in accordance with paragraph (c) will not be refused if, at the time of making application, the Minister is satisfied that the organisation complies with such conditions as are specified in the certificate.


(9) Where an organisation:
(a) that operates an approved hostel in respect of which a number of hostel places are approved hostel places; and
(b) that proposes that further hostel places, whether already existing or to be created by virtue of an alteration or extension of the hostel, become approved hostel places;
makes application, in writing, to the Minister for approval in principle for financial assistance by way of additional recurrent subsidy in respect of the hostel, the Minister may, in his or her discretion, grant or refuse to grant that approval in principle.


(10) Where the Minister decides to grant an approval in principle in respect of an application under subsection (9), the Minister shall do so by issuing to the organisation concerned a certificate stating:
(a) that, if the organisation, within 12 months after the issue of a certificate, makes application to the Minister under section 10FA to vary the agreement entered into under that section relating to the provision of financial assistance by way of recurrent subsidy in respect of that hostel:
(i) so as to alter the number of hostel places specified in the
agreement to include a number of additional hostel places specified in the certificate;
(ii) where the Minister considers it appropriate, so as to alter
or insert, in terms specified in the certificate, a term or terms relating to the provision of respite care places; and
(iii) where the Minister considers it appropriate, so as to alter
or insert, in terms specified in the certificate, a term or terms relating to the accommodation in approved hostel places (including, where appropriate, approved respite care places) of such classes of eligible persons as are specified in the certificate in such proportions or numbers as are so specified in respect of each such class; and
(b) that if, at the time of making the application, the Minister is satisfied that the organisation complies with such conditions as are specified in the certificate;
the application will not be refused.


(11) The Minister may:
(a) upon application in writing by the holder of a certificate in force under subsection (3), (6), (8) or (10); or
(b) where the Minister considers it necessary to do so by reason of circumstances unforseen at the time of issue of such a certificate - on his or her own motion;
by determination in writing, vary the certificate:
(c) by deleting a date or period specified in the certificate (including a period substituted by virtue of a previous application of this subsection) and substituting such other date or period as the Minister specifies in the determination;
(d) by deleting a number of hostel places or respite care places specified in the certificate (including a number substituted by virtue of a previous application of this subsection) and substituting such other number as the Minister specifies in the determination;
(e) by inserting a term in the certificate; or
(f) by deleting a term of the certificate (including a term inserted or substituted by virtue of a previous application of this subsection) and substituting such other term (if any) as the Minister specifies in the determination.


(12) The Minister, in exercising any of his or her powers under subsections (1) to (11) (inclusive), shall comply with any relevant principles in force under subsection (13).


(13) The Minister may, by instrument in writing, formulate principles to be complied with by the Minister with respect to the exercise of any of his or her powers under subsections (1) to (11) (inclusive).


(14) In formulating principles under subsection (13), the Minister shall have regard to all matters that the Minister considers relevant, including, but without limiting the generality of the foregoing, the following matters:
(a) the suitability of an organisation applying for a certificate under subsection (3) or (6) to operate a hostel;
(b) the need to control unnecessary growth in the number of hostels approved under section 10B;
(c) the availability of forms of accommodation, or care, or accommodation and care, including:
(i) domiciliary and day care; and
(ii) care provided by nursing homes, hospitals and other
institutions and by community services;
other than accommodation, or care, or accommodation and care available, or likely, by reason of certificates issued under section 9AB, to become available, in approved hostels.


(15) A certificate under this section:
(a) comes into force on the day on which it is granted; and
(b) ceases to be in force if:
(i) the applicant for the certificate fails to comply with a
condition of validity of the certificate; or
(ii) the Minister revokes the certificate.


(16) Upon application in writing by the holder of a certificate in force under this section the Minister shall revoke the certificate.


(17) The Minister may, at any time, if he or she is satisfied that an organisation has failed to comply with a condition of a certificate under this section, revoke the certificate forthwith and, by notice in writing, inform the organisation concerned of the revocation.


(18) Where the Minister makes a decision under subsection (1), (2), (4), (5), (7) or (9) to refuse to grant an approval in principle or a decision under subsection (11) to vary a certificate in force under this section, the Minister shall give the organisation concerned notice in writing of the decision.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 9AC
Transfers

SECT

9AC. (1) Where:
(a) an organisation has been granted an approval in principle for the provision of financial assistance by way of recurrent subsidy in respect of a specified number of hostel places under subsection 9AB (3), (6), (8) or (10) in respect of a hostel; and
(b) the organisation informs the Minister, in writing, that it wishes that that approval, so far as it relates to some or all of those hostel places, be transferred to another hostel, or proposed hostel, in the same State or Territory as the first-mentioned hostel;
the Minister may, in his or her discretion, upon appropriate application by the organisation in accordance with the other provisions of this Act, give effect to that request:
(c) by issuing a new approval in principle under section 9AB, or by varying an approval in principle that has already been granted under that section, in respect of that other hostel or proposed hostel;
(d) by revoking, at the time of that issue or variation, the approval in principle referred to in paragraph (a), or by varying that approval in principle to any necessary extent; and
(e) by entering, at an appropriate time, into an agreement under section 10FA for the purpose of giving effect to the approval in principle, or the variation of an approval in principle, referred to in paragraph (c);
notwithstanding that to issue or vary the approval in principle referred to in paragraph (c) or to enter into an agreement in accordance with paragraph (e) would have the effect that the number of committed hostel places, within the meaning of section 9AA, for a particular region and during a relevant period would thereby exceed the maximum number of hostel places specified under section 9AA for that region and that period.


(2) Where:
(a) an organisation operates a hostel in respect of which a number of hostel places are, under the terms of an agreement entered into between that organisation and the Commonwealth under section 10FA, approved as places in respect of which financial assistance by way of recurrent subsidy is payable; and
(b) the organisation informs the Minister, in writing, that it wishes that that approval, so far as it relates to some or all of those hostel places, be transferred to another hostel, or proposed hostel, in the same State or Territory as the first-mentioned hostel;
the Minister may, in his or her discretion, upon appropriate application by the organisation in accordance with the other provisions of this Act, give effect to that request:
(c) by issuing a new approval in principle under section 9AB, or by varying an approval in principle that has already been granted under that subsection, in respect of that other hostel or proposed hostel;
(d) by revoking, at an appropriate time, the approval of that first-mentioned hostel or by varying the agreement in relation to that hostel to any necessary extent; and
(e) by entering, at an appropriate time, into an agreement under section 10FA for the purpose of giving effect to the approval in principle, or the variation of an approval in principle, referred to in paragraph (c);
notwithstanding that to issue or vary the approval in principle referred to in paragraph (c) or to enter into an agreement in accordance with paragraph (e) would have the effect that the number of committed hostel places, within the meaning of section 9AA, for a particular State, Territory or region and during a relevant period would thereby exceed the maximum number of hostel places specified under section 9AA for that State, Territory or region and that period.

AGED OR DISABLED PERSONS CARE ACT 1954 - DIVISION 3
Division 3 - Capital grants for eligible organisations in
respect of hostels

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 9A
Capital grants to eligible organisations

SECT

9A. (1) Subject to subsection (2), the Minister may, upon application in writing by an eligible organisation, by instrument in writing, approve the payment to the organisation of financial assistance by way of a grant towards capital works costs in respect of a hostel operated or proposed to be operated by that organisation.


(2) Where the Minister approves the payment of financial assistance to an eligible organisation under subsection (1), the Minister shall, in the instrument of approval:
(a) specify the amount of the financial assistance as determined in accordance with guidelines formulated under section 9B;
(b) specify the time or times at which, and the instalments (if any) in which, the financial assistance is to be paid; and
(c) specify the conditions on which the financial assistance is granted.


(3) The conditions that may be specified for the purpose of paragraph (2) (c) include, but are not limited to, conditions with respect to:
(a) the amounts to be applied by the eligible organisation towards the capital works costs in respect of the hostel;
(b) the furnishing of information;
(c) the class or classes of persons to be accommodated at the hostel;
(d) compliance by the eligible organisation with conditions to which a grant of financial assistance under Division 4 is subject;
(e) the provision of certificates with respect to the fulfilment of conditions;
(f) the repayment of financial assistance;
(g) the giving of security for the repayment of financial assistance or the payment to the Commonwealth of amounts (whether or not exceeding the amount of financial assistance) that under the terms and conditions are to be taken as representing the Commonwealth's interest in:
(i) land acquired (with or without buildings);
(ii) buildings acquired, erected, altered or extended; and
(iii) equipment acquired, altered or installed;
as a result of the application of the financial assistance or of the financial assistance and other money; and
(h) the use and disposal of, and the recovery of amounts (whether or not exceeding the amount of financial assistance) that under the conditions are to be taken as representing the Commonwealth's interest in:
(i) land acquired (with or without buildings);
(ii) buildings acquired, erected, altered or extended; and
(iii) equipment acquired, altered or installed;
as a result of the application of the financial assistance or of the financial assistance and other money.


(4) In an instrument of approval, the Minister may comply with paragraph (2) (a) by specifying a method of calculating the amount of the financial assistance.


(5) A payment under this section shall not be made except to:
(a) a corporation in which;
(b) trustees in whom; or
(c) any other organisation declared by the Minister under subsection 2 (5) in which;
the hostel is, or is to be, vested.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 9B
Guidelines for capital grants

SECT

9B. (1) The Minister shall, by written instrument, formulate guidelines for the determination of the amounts of grants of financial assistance under section 9A towards the capital works costs in respect of hostels.


(2) Guidelines formulated under subsection (1) may provide for the following matters to be taken into account in the determination of the amount of a grant towards the capital works costs in respect of a hostel:
(a) the class or classes of persons to be accommodated at the hostel;
(b) the capacity of an organisation or proposed residents to contribute to those capital works costs;
(c) the capacity of an organisation to borrow money to be applied towards those capital works costs;
(d) the geographical location of the hostel;
(e) the cost of acquiring and developing land;
(f) specified limits on the amounts of grants;
(g) any other matters the Minister considers relevant.


(3) The Minister shall not, under section 9A, approve the payment of financial assistance by way of a grant to an eligible organisation in respect of a hostel unless the Minister is satisfied that the sum of the money (if any) expended, and the money presently available for expenditure, by the organisation towards the capital works costs in respect of the hostel, together with the amount of the grant, will not be less than the capital works costs in respect of the hostel.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 9C
Agreements with respect to conditions of grants

SECT

9C. (1) Where the Minister approves a grant of financial assistance to an organisation under section 9A, the financial assistance is not payable to the organisation unless the organisation has entered into an agreement with the Minister that specifies the conditions on which the financial assistance is granted and under which the organisation agrees to comply with those conditions.


(2) Where:
(a) an organisation has entered into an agreement specifying the conditions on which financial assistance under section 9A was granted; and
(b) the Minister, with the consent of the organisation, varies those conditions;
the agreement shall be taken to be varied accordingly.

AGED OR DISABLED PERSONS CARE ACT 1954 - DIVISION 4
Division 4 - Recurrent subsidies for organisations in
respect of approved hostels

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10A
Minister may approve accommodation services and personal care services

SECT

10A. (1) The Minister may, for the purposes of this Division, by notice published in the Gazette, approve accommodation services for eligible persons, being accommodation services of a kind specified in the notice.


(2) The Minister may, for the purposes of this Division, by notice published in the Gazette, approve daily personal care services for eligible persons, being personal care services of a kind specified in the notice.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10AB
Approved operators in relation to approved hostels

SECT

10AB. (1) An organisation may apply for approval by the Minister as an approved operator of hostels.


(2) An application must be in writing in a form approved by the Minister.


(3) Where the Minister is satisfied that the applicant is a suitable organisation to operate hostels, the Minister must approve the organisation as an approved operator of hostels.


(4) The Minister, in exercising his or her powers under subsection (3), must comply with any relevant principles in force under subsection (5).


(5) The Minister may set out in writing principles to be complied with by the Minister with respect to his or her powers under subsection (3).
Note: See section 10HA for the time when principles come into force.


(6) If the Minister does not grant an approval in accordance with an application under this section, the Minister must refuse the application and notify the applicant, in writing, of the refusal and the reason for the refusal.


(7) An organisation that, immediately before the commencement of this section:
(a) operated an approved hostel; or
(b) was the holder of a certificate in force under subsection 9AB (3), (6), (8) or (10);
is taken to be approved under this section as an operator of hostels.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10AC
Revocation of approval

SECT

10AC. (1) If the Minister:
(a) is of the opinion that an organisation that is an approved operator is no longer a suitable organisation to operate hostels; and
(b) is considering revoking the approval of the organisation as an approved operator;
the Minister may, by notice in writing to the organisation, inform it of those facts and the reason why the Minister has formed that opinion.


(2) The organisation may, within 14 days after receiving the notice, make a written submission to the Minister stating reasons why the approval should not be revoked.


(3) The Minister may revoke an organisation's approval if:
(a) the organisation does not make a submission under subsection (2); or
(b) after considering any submission made by the organisation, the Minister is still of the opinion that it is no longer a suitable organisation to operate hostels.


(4) The Minister, in exercising powers under this section, must comply with any relevant principles in force under subsection (5).


(5) The Minister may set out in writing principles to be complied with by the Minister with respect to his or her powers under this section.
Note: See section 10HA for the time when principles come into force.


(6) Where the Minister revokes the approval of an organisation under this section, the Minister is to notify the organisation, in writing, accordingly.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10B
Approval of hostels for recurrent funding purposes

SECT

10B. (1) An organisation that operates, or proposes to operate, a hostel may apply, in writing, for approval of the hostel for financial assistance by way of recurrent subsidy in respect of a number of hostel places specified in the application including a number of respite care places (if any) that is so specified.


(2) Subject to this Division, the Minister may, by notice in writing, approve a hostel in respect of which an application is made under subsection (1) for financial assistance by way of recurrent subsidy and, where the Minister does so, the Minister shall determine, in the notice of approval:
(a) the number of hostel places; and
(b) the number of respite care places (if any) within the number referred to in paragraph (a);
in relation to which, upon the entry by the organisation into an agreement under section 10FA, financial assistance is payable.


(3) Nothing in subsection (2) shall be taken to imply that, in a notice of approval granted under that subsection, the Minister may not determine:
(a) a number of hostel places that is fewer than the number specified in the application concerned; or
(b) a number of respite care places that is fewer or greater than the number of respite care places (if any) specified in the application.


(3A) The Minister must not approve a hostel under subsection (2) if the organisation operating the hostel is not an approved operator.


(3B) The approval of a hostel is subject to the condition that the hostel is at all times operated by an approved operator.


(4) Where an organisation that makes application under subsection (1) is the holder of a certificate in force under subsection 9AB (3) or (6), the Minister shall not exercise the powers referred to in subsection (2) in respect of that application in a manner inconsistent with that certificate.


(5) Where application is made under subsection (1) for approval of a hostel for financial assistance by way of recurrent subsidy and:
(a) the applicant is not the holder of a certificate in force under subsection 9AB (3) or (6) that relates to the hostel; or
(b) the applicant is the holder of a certificate in force under subsection 9AB (3) or (6) that relates to the hostel but the Minister is not satisfied that the hostel complies or will comply with any conditions set out in the certificate;
the Minister may refuse the application.


(6) The Minister, in exercising the powers under subsection (5) to refuse an application for approval of a hostel, shall comply with any relevant principles in force under subsection (7).


(7) The Minister may, by instrument in writing, formulate principles to be complied with by the Minister with respect to the exercise of his or her powers under subsection (5).


(8) In formulating principles under subsection (7), the Minister shall have regard to all matters that the Minister considers relevant, including, but without limiting the generality of the foregoing:
(a) the suitability of an organisation applying for an approval under subsection (1) to operate an approved hostel;
(b) the need to control unnecessary growth in the numbers of approved hostels; and
(c) the availability of forms of accommodation, or care, or accommodation and care, including:
(i) domiciliary and day care; and
(ii) care provided by nursing homes, hospitals and other
institutions and by community services;
other than accommodation, or care, or accommodation and care available, or likely, by reason of certificates issued under section 9AB, to become available, in approved hostels.


(9) If the Minister does not grant an approval in accordance with an application under this section, the Minister shall refuse the application and notify the applicant in writing accordingly.


(10) Where the Minister has approved a hostel under subsection (2) for financial assistance and the organisation operating the hostel refuses or fails, within a period of 30 days or such longer period as the Minister, in special circumstances, allows, to enter into an agreement with the Minister under section 10FA in terms satisfactory to the Minister, the approval of that hostel shall be taken, with effect from the end of that period, to have been revoked.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10C
Authority to provide financial assistance

SECT

10C. (1) Where the Minister, under section 10B, approves a hostel for financial assistance by way of recurrent subsidy, that approval shall be taken to constitute authority, subject to:
(a) this Division;
(b) the General Conditions as in force from time to time; and
(c) the terms of an agreement entered into under section 10FA;
to pay financial assistance to the organisation operating the hostel, at rates determined in accordance with section 10D, in respect of the provision, by the organisation, in the hostel places and, where appropriate, in the respite care places, referred to in the agreement entered into under section 10FA, of hostel care services and personal care services.


(3) Financial assistance shall not be paid under this Division in respect of the provision of services at premises that are a nursing home within the meaning of the National Health Act 1953 or the Nursing Homes Assistance Act 1974.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10D
Payments of financial assistance

SECT

10D. (1) The amount of financial assistance payable to an organisation under this Division in respect of an approved hostel is as set out in the following subsections.


(2) In respect of each hostel place (other than a respite care place) that is occupied by an existing resident:
(a) who is assessed as being financially disadvantaged; and
(b) who is assessed as requiring hostel care services only; and
(c) for whom the organisation makes hostel care services available;
the financial assistance payable is an amount calculated at the rate of $2.10 per day or such higher rate as is determined by the Minister by written instrument.


(3) In respect of each hostel place (other than a respite care place) that is occupied by a new resident to whom paragraphs (2) (a), (b) and (c) apply, the financial assistance payable is an amount calculated at such rate as the Minister determines by written instrument.


(4) In respect of each hostel place (other than a respite care place) that is occupied by an existing resident:
(a) who is assessed as requiring hostel care services and personal care services; and
(b) for whom those services are made available by the organisation;
the financial assistance payable is an amount calculated at such rate determined by the Minister under subsection (9) as is applicable to that place because of the resident's classification.


(5) In respect of each hostel place (other than a respite care place) that is occupied by a new resident:
(a) who is not a financially disadvantaged person; and
(b) who is assessed as requiring hostel care services and personal care services; and
(c) for whom those services are made available by the organisation;
the financial assistance payable is an amount calculated at such rate determined by the Minister under subsection (9) as is applicable to that place because of the resident's classification.


(6) In respect of each hostel place (other than a respite care place) that is occupied by a new resident:
(a) who is a financially disadvantaged person; and
(b) who is assessed as requiring hostel care services and personal care services; and
(c) for whom those services are made available by the organisation;
the financial assistance payable is an amount calculated at such rate determined by the Minister under subsection (9) as is applicable to that place because of the resident's classification.


(7) In respect of each respite care place that is occupied by an eligible person for whom the organisation provides hostel care service, the financial assistance payable is an amount calculated at such rate as the Minister determines by written instrument.


(8) In respect of each respite care place that is occupied by an eligible person who is assessed as requiring, and for whom the organisation provides, hostel care services and personal care services, the financial assistance payable is an amount calculated at such rate as the Minister determines by written instrument.


(9) The Minister must, for the purposes of subsections (4), (5) and (6), determine in writing a different rate for each subsection, taking into account the different classifications of the eligible persons that may occupy the hostel place referred to in that subsection.


(10) Without limiting subsections (2) to (9), the Minister may determine a rate for the purposes of those subsections by determining a method of calculating the rate.


(11) Payments under this Division are to be made in the manner and at the times the Minister determines.


(12) An eligible person must not be taken into account under subsection (7) or (8) in respect of a day in a benefit period if the person has already been taken into account in relation to the same hostel in respect of 63 days in the same benefit period.


(13) If the Minister, by written instrument, determines that another number, whether higher or lower, be substituted for the number 63, subsection (12) has effect as if that other number were substituted.


(14) In this section, unless the contrary intention appears:
"benefit period", in relation to an eligible person, is a period determined by the Minister, by written instrument, to be a benefit period for the purposes of subsection (12);
"existing resident", in relation to an approved hostel, means an eligible person who:
(a) occupied a hostel place (other than a respite care place) in an approved hostel at some time during the period 6 January to 27 April 1993; and
(b) is occupying such a place in an approved hostel;
"new resident", in relation to an approved hostel, means an eligible person who occupies a hostel place (other than a respite care place) in the hostel, and did not occupy such a place in an approved hostel during the period 6 January to 27 April 1993.


(15) For the purposes of the definitions of "existing resident" and "new resident", a person occupies a hostel place in an approved hostel (other than a respite care place) if the person resides permanently in the hostel.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10DAA
Payments of financial assistance if a declaration under section 10FI
is in force

SECT

10DAA. (1) If the Minister has made a declaration in respect of a hostel under section 10FI, the Minister may, by written notice served on the proprietor, determine that the following rules apply in respect of the payment of financial assistance under section 10D, in respect of the hostel for the period that the declaration operates:
(a) as long as the person who occupied an approved hostel place or an approved respite care place in the hostel on the day the Minister made the declaration continues to occupy that place, the amount of financial assistance and the circumstances in which it becomes payable to the organisation in respect of the place, is as provided for in section 10D;
(b) in either of the following circumstances, the place is taken to be unoccupied for the purposes of section 10D:
(i) in the case where the person is occupying an approved hostel
care place - if the person ceases to permanently reside in the hostel;
(ii) in the case where the person is occupying an approved respite
care place - if the person leaves the hostel (other than as part of the respite care stay in the hostel) or begins residing in the hostel permanently.


(2) The place is taken to be unoccupied for the purposes of section 10D:
(a) in the case of subparagraph (1) (b) (i) - from the day after the person ceases to reside permanently in the hostel; and
(b) in the case of subparagraph (1) (b) (ii) - from either the day after the person leaves the hostel or the day the person begins residing permanently in the hostel, as the case may be.


(3) Subsection (1) cannot operate so as to make financial assistance payable to an organisation if, apart from this section and section 10D, that financial assistance would not otherwise be payable.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10DA
Charter of Residents' Rights and Responsibilities

SECT

10DA. A statement of the rights and responsibilities of the residents of approved hostels, to be called the Charter of Residents' Rights and Responsibilities in Approved Hostels, is set out in the Schedule.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10DB
Agreement between proprietor and resident

SECT

10DB. (1) The Minister may formulate a common form of agreement that may be entered into between an organisation and an eligible person, being a form of agreement relating to the accommodation and care of the person as a resident of a hostel operated by the organisation.


(2) A form of agreement formulated by the Minister must be consistent with the Charter and may make provision in relation to such matters as the Minister considers appropriate.


(3) Without limiting the generality of subsection (2), a form of agreement so formulated may make provision in relation to:
(a) fees and other charges to be imposed by the organisation in respect of the provision of accommodation and care in the hostel; and
(b) the services that are to be provided to the resident by the organisation; and
(c) the nature of the occupancy of the resident in the hostel and the circumstances (if any) in which that occupancy may be altered or terminated by the organisation; and
(d) participation of the resident in decision-making relating to care of residents and quality of life issues in the hostel; and
(e) the resolution of disputes (if any) between the resident and the organisation.


(4) A form of agreement formulated by the Minister is to be laid before each House of the Parliament within 15 sitting days of that House after it is formulated and takes effect only as provided by the following provisions of this section.


(5) If:
(a) notice of a motion to amend the form of agreement is given in either House of the Parliament within 15 sitting days after it has been laid before that House; and
(b) the form of agreement, whether or not as amended, is subsequently approved by that House; and
(c) the other House approves it in the form approved by the first-mentioned House;
the form of agreement takes effect in the form so approved from the day on which that other House approves it in that form.


(6) If no notice of a motion to amend the form of agreement is given in the House of Representatives or the Senate within 15 sitting days of the particular House after it has been laid before that House, the form of agreement takes effect from the day immediately after that 15th sitting day or, where that day differs in respect of each House, the later of those days.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10F
General conditions of recurrent subsidies

SECT

10F. (1) The Minister shall, by written instrument, formulate General Conditions for the provision of financial assistance by way of recurrent subsidies under this Division.


(2) Conditions formulated under subsection (1) may include, but are not limited to, conditions relating to any or all of the following matters:
(a) the exclusive provision of approved hostel places, including, where appropriate, approved respite care places, to eligible persons;
(aa) any other matter relating to the provision by an organisation of services for eligible persons;
(ab) the obtaining by an organisation of a certificate under subsection 9AB (8) or (10) before undertaking an alteration or extension of an approved hostel with a view to seeking additional financial assistance by way of additional recurrent subsidy in respect of the hostel;
(b) the manner in which a person is to be assessed for the purposes of paragraphs 10D (2) (b), (4) (a), (5) (b) and (6) (b) and subsection 10D (8);
(ba) the classification of persons:
(i) occupying hostel places (other than approved respite care
places); and
(ii) assessed as requiring hostel care services and personal care
services;
into 3 different classes according to the degree of their need of personal care services;
(bb) the manner in which a person is to be identified as financially disadvantaged for the purposes of subsections 10D (2), (3), (5) and (6);
(c) the class or classes of persons to be accommodated at an approved hostel and, where there are to be 2 or more classes, the proportion or number of the residents at the hostel included in each class;
(d) the fees or charges payable by a person or class of persons for the provision of services;
(e) the furnishing of information;
(f) the rights and obligations of residents at an approved hostel;
(g) compliance by an organisation with provision by or under this Act, or any other law, relating to the management of an approved hostel;
(h) the standards to be met by the organisation in the provision of services;
(j) the provision of certificates with respect to the fulfilment of conditions;
(k) the repayment of financial assistance;
(m) the giving of security for the repayment of financial assistance;
(n) the suspension or cancellation of payments of financial assistance in the event of breach of a condition to which the grant of the financial assistance is subject.


(3) To remove any doubt, it is stated that the Minister may, under subsection (1), formulate conditions that relate to any person occupying a place at an approved hostel (whether or not the organisation operating the hostel is entitled to receive financial assistance in respect of that place).

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10FA
Organisation to enter into agreement

SECT

10FA. (1) Where the Minister, under section 10B, approves a hostel for financial assistance by way of recurrent subsidy, that financial assistance shall not be payable to the organisation operating the hostel unless the organisation and the Minister enter into an agreement:
(a) enabling the day with effect from which that financial assistance will be payable, being a day on or after the day of entry into the agreement, to be determined;
(b) specifying the number of hostel places (including, where appropriate, the number of respite care places) in respect of which that financial assistance will be payable;
(c) providing for the organisation to make available, at all times, the number of hostel places (including, where appropriate, the number of respite care places) referred to in paragraph (b) for the accommodation of eligible persons generally or of such classes of eligible persons as are specified in the agreement in such proportions or numbers as are specified in relation to each such class; and
(d) specifying the other conditions, not being conditions inconsistent with the General Conditions to which the payment of financial assistance is subject.


(2) Any agreement entered into under subsection (1) may be varied by agreement between the parties to the first-mentioned agreement and, upon application by an organisation in accordance with subsection 9AB (8) or (10), shall be so varied.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10FB
Statements may be published in relation to certain hostels

SECT

10FB. (1) The Minister may, from time to time, prepare and publish a statement containing all or any of the relevant information in relation to each hostel approved by the Minister under section 10B.


(2) The following is relevant information for the purposes of subsection (1):
(a) information relating to whether the standards to be met by the organisation operating the hostel in the provision of services, being standards contained in the General Conditions in force from time to time, have been satisfied in the hostel;
(b) the level of services provided in the hostel by reference to these standards;
(c) the number of hostel places in the hostel and the physical size of the hostel;
(d) the location of the hostel and its proximity to community facilities, for example, public transport, shops, libraries and community centres;
(e) services provided in the hostel;
(f) fees imposed, and charges made, by the organisation operating the hostel;
(g) activities at the hostel in which residents may participate;
(h) the name of the organisation operating the hostel.


(3) Without limiting the means by which a statement may be published, a copy of the statement is to be made available for public inspection at each office of the Department.


(4) The information contained in a statement must not be such as to enable the identification of an individual resident of a hostel.


(5) Before publishing a statement under this section, the Minister must allow the organisation operating the hostel not less than 30 days to consider the statement and to make submissions to the Minister in relation to the content of the statement.


(6) Where it appears to the Minister in the light of any submission made by the organisation that the content of the statement should be altered, the Minister is to alter the statement accordingly before it is published.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10FAA
Revocation or suspension of approval or variation of agreement

SECT

10FAA. (1) The Minister may, at any time, review the provision of financial assistance by way of recurrent subsidy to an organisation in respect of a hostel.


(2) If the Minister is satisfied that a condition to which the approval of a hostel for financial assistance by way of recurrent subsidy is subject has not been complied with, the Minister may, by determination in writing:
(a) revoke or suspend the approval of the hostel; or
(b) vary the agreement entered into under section 10FA in respect of the hostel:
(i) by reducing the number of approved hostel places specified in
the agreement;
(ii) where the number of approved hostel places specified in the
agreement includes a number of approved respite care places - by reducing the number of approved respite care places specified in the agreement; or
(iii) where classes of eligible persons have been specified in the
agreement as classes to be accommodated in approved places - by varying the classes so specified or the proportion or number of places specified in relation to each such class;
or by doing any 2 or more of those things.


(3) Upon receipt of an application in writing by an organisation operating an approved hostel for revocation of the approval of that hostel granted under section 10B, the Minister may, by determination in writing, revoke that approval.


(4) Where the Minister:
(aa) makes a determination under subsection (2) revoking or suspending an approval; or
(a) makes a determination under subsection (3) revoking an approval in respect of a hostel; or
(b) makes a determination under subsection (2) varying an agreement entered into in respect of a hostel;
that approval shall be taken to be at an end or suspended, or that agreement shall be taken to have been so varied, as the case requires, with effect from the day specified in the determination, not being a day earlier than the day of the making of the determination.


(4A) If the Minister suspends an approval in respect of a hostel, the determination must set out the period of suspension.


(5) Where the Minister makes a determination under subsection (2) or (3) in respect of a hostel, the Minister shall, as soon as practicable after making that determination, give a copy of that determination to the organisation operating the hostel.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10FC
Automatic revocation of approval of certain hostels

SECT

10FC. (1) This section applies in spite of any other provision of this Act.


(2) In this section:
"Commonwealth/State Disability Agreement" means the Commonwealth/State Disability Agreement made on 30 July 1991 between the Commonwealth on the one part and the States and Territories on the other part;
"scheduled hostel" means a hostel whose name and address is specified in column 2 of an item in Schedule 2, being the hostel to which the notice of approval issued by the Minister under subsection 10B (2) and bearing the approval number specified in column 4 of that item relates.


(3) The approval of a scheduled hostel (unless sooner revoked) is, by force of this subsection, revoked immediately before the day on which the provisions (other than subclauses 1 (1) and (2)) of the Commonwealth/State Disability Agreement come into force in respect of the State in which the scheduled hostel is situated.

AGED OR DISABLED PERSONS CARE ACT 1954 - DIVISION 5
Division 5 - Hostel Standards Review Panels

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10FD
Establishment

SECT

10FD. The Minister may establish a Hostel Standards Review Panel for each State, the Australian Capital Territory and the Northern Territory.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10FE
Functions

SECT

10FE. (1) The functions of a Hostel Standards Review Panel for a State or Territory are:
(a) to review and to report, in writing, to the Minister on the operation of an approved hostel in relation to which the Minister proposes to make a declaration under section 10FI; and
(b) to undertake such other functions as the Minister directs.


(2) The Panel is to perform its functions:
(a) at the Minister's direction; or
(b) at the written request of an approved operator of an approved hostel in relation to which the Minister proposes to make a declaration under section 10FI.


(3) In conducting the review, the Panel is to consider whether the care service standards are being met in respect of the provision of care services.


(4) The Panel's report is to include its findings and the reasons for those findings.


(5) In making a report referred to in paragraph (1) (a), the Panel must recommend, on the basis of its findings and the reasons for those findings:
(a) whether the Minister should make a declaration under section 10FI in respect of the approved hostel; and
(b) whether the Minister should make a determination under section 10DAA and for how long the determination should remain in force; and
(c) whether the Panel's report should be released to the approved operator, the hostel staff and the hostel residents.


(6) A reference in this section to a "Territory" is a reference to the Australian Capital Territory or the Northern Territory.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 1OFF
Powers

SECT

10FF. Subject to this Part, a Hostel Standards Review Panel has power to do all things necessary or convenient to be done in connection with the performance of its functions.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10FG
Performance of a Hostel Standards Review Panel's functions

SECT

10FG. In performing its functions, a Hostel Standards Review Panel:
(a) must act with as little formality as possible; and
(b) must act as quickly as is appropriate given the requirements of this Part and the need to properly consider a matter before it; and
(c) is not bound by the rules of evidence; and
(d) may inform itself on anything relevant to the matter before it in any way it thinks fit; and
(e) may receive information or submissions orally or by written statements; and
(f) may, in respect of a matter before it, consult such persons as it thinks fit.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10FH
Minister may make Orders

SECT

10FH. The Minister may make Orders providing for the following matters:
(a) the notice requirements to be complied with before the Minister makes a declaration under section 10FI;
(b) the procedures to be followed before a Hostel Standards Review Panel conducts a review under section 10FE;
(c) the procedures to be followed by the Panel in conducting the review;
(d) the appointment, terms and conditions of appointment, resignation and termination of appointment of Panel members;
(e) the duties associated with holding office as a Panel member;
(f) any other matter relating to the establishment or the operation of a Panel in relation to which it is necessary or convenient to make an Order under this section.

AGED OR DISABLED PERSONS CARE ACT 1954 - DIVISION 6
Division 6 - Failure to meet care service standards in the
provision of care services

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10FI
Declaration of failure to meet standards

SECT

10FI. (1) If:
(a) an approved operator is receiving a grant of financial assistance under this Part in respect of the provision of care services in a hostel; and
(b) the operator is not meeting the care service standards in respect of the provision of the services as required by the General Conditions;
the Minister may make a declaration stating that the operator is not meeting the standards in respect of the provision of the services in the hostel and, consequently, is in breach of the General Conditions.


(2) The declaration must specify the hostel in respect of which the operator is not meeting the care service standards in the provision of care services.


(3) The Minister must provide a copy of the declaration to the operator concerned.


(4) A declaration operates from the day the Minister makes it and remains in force until the day the Minister revokes it.


(5) If the Minister is satisfied that the operator is not meeting the standards in respect of the provision of care services in the hostel, the Minister may take such action as he or she thinks fit under section 10FAA in respect of the hostel whether or not the Minister proposes to, or has taken, action under this section.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10FJ
Certain matters to occur before Minister makes a declaration

SECT

10FJ. (1) The Minister must not make a declaration under section 10FI in relation to a hostel unless:
(a) a Hostel Standards Review Panel has been established for the State or Territory in which the hostel is situated; and
(b) any requirements of the Orders have been complied with; and
(c) if the approved operator of the hostel has applied, under the Orders, to the Panel for a review under section 10FE of the performance of the hostel - the Minister has considered the Panel's report on the hostel's performance.


(2) In this section, a reference to "Territory" is a reference to the Australian Capital Territory or the Northern Territory.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10FK
Information about Minister's declaration may be made available to the
public

SECT

10FK. Despite the operation of section 10FB, if the Minister has made a declaration under section 10FI in respect of a hostel, the Minister may make public, in any way the Minister thinks fit, any or all of the following information:
(a) the name and address of the hostel ("declared hostel") the subject of the declaration;
(b) the name and address of any other hostel that the operator of the declared hostel operates;
(c) the operator's business name and address;
(d) details of the operator's failure to meet the care service standards in respect of the provision of care services in the declared hostel;
(e) the actions taken by the Minister because of the operator's failure to meet the standards.

AGED OR DISABLED PERSONS CARE ACT 1954 - PART IIIA
PART IIIA - COMMUNITY AGED CARE SERVICES

AGED OR DISABLED PERSONS CARE ACT 1954 - DIVISION 1
Division 1 - Preliminary

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10G
Object of Part

SECT

10G. The object of this Part is to make provision for financial assistance to be payable to organisations providing community aged care services to eligible aged or disabled persons not living in institutions.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10GA
Minister may approve community aged care services

SECT

10GA. The Minister may by notice published in the Gazette approve particular kinds of care services as community aged care services for the purposes of this Act.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10GB
Minister may specify maximum number of community aged care services
packages for a State or Territory

SECT

10GB. The Minister may, by notice published in the Gazette, specify the maximum number of community aged care services packages for which financial assistance may be payable in a relevant period in a State or Territory.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10GC
Minister may approve organisations as community aged care services
providers

SECT

10GC. (1) An organisation may apply for approval by the Minister as an approved provider of community aged care services.


(2) An application must be in writing in a form approved by the Minister.


(3) If the Minister is satisfied that the applicant would be a suitable organisation to provide community aged care services to eligible persons, the Minister must approve the organisation as an approved provider of community aged care services.


(4) The Minister, in exercising his or her powers under subsection (3), must comply with any relevant principles in force under subsection (5).


(5) The Minister may set out in writing principles to be complied with by the Minister with respect to his or her powers under subsection (3).
Note: See section 10HA for the time when principles come into force.


(6) If the Minister does not grant an approval in accordance with an application under this section, the Minister must refuse the application and notify the applicant, in writing, of the refusal and the reason for the refusal.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10GD
Minister may revoke approval as a community aged care services
provider

SECT

10GD. (1) If the Minister:
(a) is of the opinion that an organisation that is an approved provider of community aged care services is no longer a suitable organisation to provide community aged care services; and
(b) is considering revoking the approval of the organisation;
the Minister may, by notice in writing given to the organisation, inform the organisation of those facts and the reason why the Minister has formed that opinion.


(2) The organisation may, within 14 days after receiving the notice, make a written submission to the Minister stating reasons why the approval should not be revoked.


(3) The Minister may revoke an organisation's approval if:
(a) the organisation does not make a submission under subsection (2); or
(b) after considering any submission made by the organisation, the Minister is still of the opinion that it is no longer a suitable organisation to provide community aged care services.


(4) The Minister, in exercising powers under subsection (3), must comply with any relevant principles in force under subsection (5).


(5) The Minister may set out in writing principles to be complied with by the Minister with respect to his or her powers under subsection (3).
Note: See section 10HA for the time when principles come into force.


(6) If the Minister revokes the approval of an organisation, the Minister is to notify the organisation, in writing, accordingly.

AGED OR DISABLED PERSONS CARE ACT 1954 - DIVISION 2
Division 2 - Financial assistance

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10GE
How to obtain financial assistance under this Part

SECT

10GE. If an organisation wishes to receive financial assistance for providing community aged care services packages it must:
(a) be an approved provider of community aged care services; and
(b) apply for financial assistance under section 10GF; and
(c) if a grant of financial assistance is approved, enter into an agreement with the Minister under section 10GG.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10GF
Approval of grant of financial assistance

SECT

10GF. (1) An organisation that is an approved provider may apply, in writing, for financial assistance for the community aged care services packages that it provides, or proposes to provide, to eligible persons.


(2) The application must specify:
(a) the number of community aged care services packages for which the organisation is seeking financial assistance; and
(b) the region where the organisation provides, or proposes to provide (as the case may be), those community aged care services packages.


(3) The Minister may, in writing, approve the grant of financial assistance to the organisation specifying:
(a) the number of community aged care services packages for which financial assistance will be payable; and
(b) the region where the packages are to be provided.


(4) The number of community aged care services packages specified by the Minister may be fewer than the number specified in the application.


(5) The region specified by the Minister may be different from the region specified in the application.


(6) In exercising his or her powers under this section, the Minister must comply with any relevant principles in force under subsection (7).


(7) The Minister may, by instrument in writing, set out principles to be complied with by the Minister with respect to the exercise of his or her powers under subsection (3).


(8) If the Minister does not approve the grant of financial assistance to the organisation, the Minister must notify the applicant, in writing, accordingly.


(9) If the Minister approves the grant of financial assistance to the organisation, the Minister must, in writing:
(a) notify the organisation of the approval; and
(b) inform the organisation:
(i) that it must enter into an agreement under section 10GG within
the period (being not less than 30 days) specified in the notice; and
(ii) that it must start providing community aged care services
packages to eligible persons before the day specified in the notice.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10GG
Organisation to enter into agreement

SECT

10GG. (1) If the Minister approves a grant of financial assistance to an organisation, the organisation and the Minister, on the Commonwealth's behalf, must enter into an agreement that:
(a) specifies, or makes provision for determining, the day from which financial assistance will be payable; and
(b) specifies the number of community aged care services packages for which financial assistance will be payable to the organisation; and
(c) if the Minister considers it appropriate to do so - specifies:
(i) the classes of eligible persons to whom packages may be made
available; and
(ii) the number or proportion of the packages to be made available
to persons of each class; and
(d) specifies the region where the packages are to be provided; and
(e) specifies any other conditions to which the payment of financial assistance is subject.


(2) The day specified or determined under paragraph (1) (a) may not be a day before the day on which the agreement is entered into.


(3) If other conditions are specified under paragraph (1) (e), they may not be inconsistent with the Community Aged Care Services General Conditions.


(4) An agreement may be varied by agreement between the parties to it or by the Minister alone under section 10GM.


(5) An agreement may not, at any time, specify a particular number of community aged care services packages in respect of which financial assistance is payable if, as a result, the number of community aged care services packages for which financial assistance under this Part would be payable in a State or Territory would be more than the maximum number of packages specified for that State or Territory for the current relevant period.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10GH
Financial assistance

SECT

10GH. (1) Financial assistance is payable in accordance with this section to an organisation if:
(a) the Minister has approved a grant of financial assistance to the organisation under section 10GF; and
(b) the Minister and the organisation have entered into an agreement under section 10GG.


(2) Financial assistance is payable, at the rate determined by the Minister by written instrument, for the community aged care services packages made available in accordance with the agreement by the organisation to eligible persons assessed as requiring community aged care services.


(3) The Minister may determine a rate by determining a method of calculating the rate.


(4) Payments of financial assistance must be made in the manner and at the times determined by the Minister.


(5) Financial assistance ceases to be payable if the approval of the grant of financial assistance is revoked under section 10GK, 10GL or 10GN.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10GI
Community Aged Care Services General Conditions of financial
assistance

SECT

10GI. (1) The Minister must, by written instrument, formulate general conditions for the provision of financial assistance under this Part.


(2) Conditions may relate to all or any of the following matters:
(a) matters relating to the provision of community aged care services by an organisation to eligible persons;
(b) the manner in which a person is to be assessed for the purpose of subsection 10GH (2);
(c) the fees or charges payable by a person for the provision of community aged care services;
(d) the furnishing of information;
(e) the rights and responsibilities of persons receiving community aged care services;
(f) the standards to be met by the organisation in the provision of services;
(g) the provision of certificates relating to the meeting of conditions by the organisation;
(h) the repayment of financial assistance;
(i) the suspension or cancellation of financial assistance payments if the organisation breaches a condition to which the grant of financial assistance is subject;
(j) any other matter the Minister considers appropriate to the provision of financial assistance.

AGED OR DISABLED PERSONS CARE ACT 1954 - DIVISION 3
Division 3 - Revocation of approval of grant or variation of
agreements and other matters

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10GJ
Minister may review the payment of financial assistance to an
organisation

SECT

10GJ. The Minister may, at any time, review the payment of financial assistance to an organisation under this Part.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10GK
Minister may revoke an approval of a grant after a review

SECT

10GK. (1) After undertaking a review in relation to an organisation under section 10GJ, the Minister may, by notice in writing, revoke the approval under section 10GF in relation to the organisation if:
(a) the approval of the organisation as an approved provider has been revoked; or
(b) the organisation has not entered into an agreement under section 10GG within the period specified for that purpose in the notice given to the organisation under subsection 10GF (9); or
(c) the organisation has not provided community aged care services packages to eligible persons before the day specified in the notice given to the organisation under subsection 10GF (9); or
(d) the Minister is satisfied that the organisation has not complied with a condition specified in the Community Aged Care Services General Conditions; or
(e) the Minister is satisfied that a term of the agreement entered into by the organisation under section 10GG has not been complied with.


(2) In the notice, the Minister must specify the day (not being a day before the day on which the notice is given) from which the revocation is to have effect.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10GL
Minister may revoke an approval of a grant if the organisation applies

SECT

10GL. (1) An organisation in respect of whom an approval is in force under section 10GF may apply, in writing, to the Minister for the approval to be revoked.


(2) On receiving the application, the Minister must, by notice in writing, revoke the approval.


(3) In the notice, the Minister must specify the day (not being a day before the day on which the notice is given) from which the revocation is to have effect.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10GM
Minister may vary an agreement

SECT

10GM. (1) After undertaking a review in relation to an organisation under section 10GJ, the Minister may, by notice in writing, vary the agreement entered into with the organisation under section 10GG if:
(a) the approval of the organisation as an approved provider has been revoked; or
(b) the organisation has not provided community aged care services packages to eligible persons before the day specified in the notice given to the organisation under subsection 10GF (9); or
(c) the Minister is satisfied that the organisation has not complied with a condition specified in the Community Aged Care Services General Conditions; or
(d) the Minister is satisfied that a term of the agreement entered into by the organisation under section 10GG has not been complied with.


(2) The Minister may vary the agreement:
(a) by reducing the number of community aged care services packages; or
(b) if the agreement specifies the classes of persons to whom community aged care services packages may be provided - by varying the classes so specified or the proportion or number of packages specified in relation to a class; or
(c) by changing the region where the organisation provides community aged care services packages.


(3) In the notice, the Minister must specify the day (not being a day before the day on which the notice is given) from which the variation will have effect.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10GN
Transfers of approvals

SECT

10GN. (1) If:
(a) an organisation (in this section called the "transferor") provides community aged care services packages to eligible persons in a State or Territory in accordance with an agreement under section 10GG; and
(b) it informs the Minister, in writing, that it wishes that some or all of those packages be transferred to another organisation (in this section called the "transferee") that provides, or will provide, or will provide, community aged care services packages in the same State or Territory;
the Minister may:
(c) if the transferor intends to transfer some only of the community aged care services packages - vary the agreement by decreasing the number of community aged care services packages; or
(d) if the transferor intends to transfer all of the community aged care services packages - revoke the approval of the grant under section 10GF of financial assistance to the transferor.


(2) The transferee must be:
(a) an approved provider; and
(b) an organisation in respect of whom an approval is in force under section 10GF.


(3) In spite of subsection 10GG (5), the Minister may, at an appropriate time:
(a) vary the transferee's agreement (if any) as necessary; or
(b) enter into an agreement with the transferee under section 10GG specifying those packages as packages in respect of which financial assistance will be payable.

AGED OR DISABLED PERSONS CARE ACT 1954 - PART IV
PART IV - MISCELLANEOUS

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10H
Review of decisions

SECT

10H. (1) In this section:
"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975;
"Tribunal" means the Administrative Appeals Tribunal.


(2) An organisation affected by a decision of the Minister:
(a) under section 10AB refusing to approve the organisation as an approved operator of hostels; or
(b) under section 10AC revoking the approval of the organisation as an approved operator of hostels; or
(c) under subsection 10FAA (2) revoking or suspending the approval of a hostel or varying an agreement entered into under section 10FA in respect of a hostel; or
(d) under section 10GC refusing to approve the organisation as an approved provider of community aged care services; or
(e) under section 10GD revoking the approval of the organisation as an approved provider of community aged care services; or
(f) under section 10GK revoking the approval of a grant of financial assistance to the organisation; or
(g) under section 10GM, varying an agreement entered into under section 10GG;
may apply, in writing, to the Minister for a reconsideration of that decision by the Minister.


(3) The application must be made within 28 days after the organisation receives notice of the decision.


(4) If the organisation applies for reconsideration of the decision, the Minister may affirm or revoke the decision or vary it as he or she thinks fit.


(5) An application may be made to the Tribunal for review of a decision of the Minister under subsection (4).


(6) Within 28 days after the Minister makes a decision of a kind referred to in subsection (4), the Minister must cause the following material to be given to the organisation:
(a) a copy of the decision;
(b) a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision;
(c) a statement that, except where subsection 28 (4) of that Act applies, the organisation may request a statement under section 28 of that Act.


(7) Failure to comply with subsection (6) does not affect the validity of the Minister's decision.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10HA
The time when principles come into force

SECT

10HA. (1) Principles set out under subsections 10AB (5), 10AC (5), 10GC (5) and 10GD (5):
(a) are to be laid before each House of the Parliament within 15 sitting days of that House after the principles are set out; and
(b) take effect only as provided by the following provisions.


(2) If:
(a) notice of a motion to amend the principles is given in either House of the Parliament within 15 sitting days after the principles have been laid before that House; and
(b) the principles, whether or not as amended, are subsequently approved by that House; and
(c) the other House approves the principles in the form approved by the first-mentioned House;
the principles take effect in the form so approved from the day on which that other House approves the principles in that form.


(3) If no notice to amend the principles is given in either House of the Parliament under paragraph (2) (a), the principles take effect from the day immediately after the last day on which a notice of motion could have been so given in either House.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10J
Agreements may be entered into with transferees of building etc.

SECT

10J. (1) Where:
(a) either of the following subparagraphs applies:
(i) financial assistance to an organisation by way of a grant
towards the capital works costs in respect of a hostel has been made or approved under this Act on conditions with respect to the use or disposal of any land, building or equipment;
(ii) an organisation has entered into an agreement under this
subsection under which the organisation is required to comply with conditions with respect to the use of disposal of any land, building or equipment; and
(b) the organisation has transferred, or proposes to transfer, the whole or a part of the organisation's interest in the land, building or equipment to another organisation;
the Minister may enter into an agreement with the last-mentioned organisation under which that organisation is required to comply, or will, upon the transfer being effected, be required to comply, with conditions, whether with respect to the use or disposal of the land, building or equipment or otherwise.


(2) Where an agreement under subsection (1) between the Minister and an organisation is in force, the Minister may vary the agreement with the agreement of the organisation.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10JA
Statements that are false or misleading

SECT

10JA. (1) This section applies in relation to the following applications:
(a) an application under section 6 for financial assistance;
(b) an application under section 9AB for an approval in principle for financial assistance;
(c) an application under section 9AC to transfer an approval in principle;
(d) an application under section 9A for approval of the payment of financial assistance;
(e) an application under section 10AB for approval as an approved operator of hostels;
(f) an application under section 10B for approval of a hostel for financial assistance;
(g) an application under section 10GC for approval as an approved provider of community aged care services;
(h) an application under section 10GF for financial assistance;
(i) an application under section 10GN to transfer community aged care services packages.


(2) A person must not, in respect of an application to which this section applies, knowingly or recklessly:
(a) make a statement that is false or misleading in a material particular; or
(b) give to the Minister, or any other person exercising a power or performing a duty under this Act, a document that contains information that is false or misleading in a material particular without:
(i) indicating to the Minister or the other person that the
document is false or misleading and the respect in which the document is false or misleading; and
(ii) providing correct information to the Minister or the other
person if the first-mentioned person is in possession of, or can reasonably acquire, the correct information.
Penalty: Imprisonment for 5 years.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10JB
Submissions that are false or misleading

SECT

10JB. A person must not knowingly or recklessly make a submission under section 10AC or 10GD that is false or misleading in a material particular.
Penalty: Imprisonment for 5 years.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10K
Certain instruments are disallowable instruments

SECT

10K. The following Instruments are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901:
(a) a determination under subsection 9 (3);
(b) principles formulated under subsection 9AB (13);
(c) guidelines formulated under subsection 9B (1);
(d) principles formulated under subsection 10B (7);
(e) an instrument under subsection 10D (1), (5) or (6);
(f) General Conditions formulated under subsection 10F (1);
(fa) Orders made under section 10FH;
(g) principles formulated under section 10GF;
(h) an instrument under section 10GH;
(i) Community Aged Care Services General Conditions formulated under subsection 10GI (1).

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10KA
Appropriation

SECT

10KA. Payments to an organisation under Division 4 of Part III or under Part IIIA are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 11
Regulations

SECT

11. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.

AGED OR DISABLED PERSONS CARE ACT 1954 - SCHEDULE 1

SCH

SCHEDULE 1 Section 10DA
CHARTER OF RESIDENTS' RIGHTS AND RESPONSIBILITIES IN APPROVED HOSTELS
Preamble
Every person has the right to freedom and respect and the right to
be treated fairly by others. A person's rights do not diminish when he
or she moves into a hostel, regardless of his or her physical or
mental frailty or ability to exercise or fully appreciate his or her
rights.
A positive, supportive and caring attitude by family, friends,
hostel proprietors and staff, carers and the community will help
people who live in hostels to continue as integral, respected and
valued members of society.
Australian society has a strong commitment to social justice
principles. Those principles recognise the aspirations of all
Australians to a dignified and secure way of life with equal access to
health care, housing and education, and equal rights in civil, legal
and consumer matters. They form the basis of a society which is free
of prejudice and is caring, just and humane.
This Charter affirms those social justice principles.
The personal, civil, legal and consumer rights of each resident are
not diminished in any way when he or she moves into a hostel.
The Charter also recognises that residents of hostels have the
responsibility to ensure that the exercising of their individual
rights does not affect others' individual rights, including those
providing care. The Charter recognises that residents have specific
rights and responsibilities which balance the needs of the individual
against the needs of the hostel community as a whole.
EACH RESIDENT OF A HOSTEL HAS THE RIGHT:
. to quality care which is appropriate to his or her needs.
. to full information about his or her own state of health and about
available treatments.
. to be treated with dignity and respect, and to live without
exploitation, abuse or neglect.
. to live without discrimination or victimisation. The resident is
not obliged to feel grateful to those providing his or her care
and accommodation.
. to personal privacy.
. to live in a safe, secure and homelike environment, and to move
freely both within and outside the hostel without undue
restriction.
. to be treated and accepted as an individual. Each resident's
individual preferences are to be taken into account and treated
with respect.
. to continue his or her cultural and religious practices and to
retain the language of his or her choice, without discrimination.
. to select and maintain social and personal relationships with any
other person without fear, criticism or restriction.
. to freedom of speech.
. to maintain his or her personal independence, which includes a
recognition of personal responsibility for his or her own actions
and choices. Some actions may involve an element of risk which
the resident has the right to accept, and which should then not be
used to prevent or restrict those actions.
. to maintain control over, and to continue making decisions about,
the personal aspects of his or her daily life, his or her
financial affairs and his or her possessions.
. to be involved in the activities, associations and friendships of
his or her choice, both within and outside the hostel.
. to have access to services and activities which are available
generally in the community.
. to be consulted on, and to choose to have input into, decisions
about the living arrangements of the hostel.
. to have access to information about his or her rights, care,
accommodation, and any other information which relates to him or
her personally.
. to complain and to take action to resolve disputes.
. to have access to advocates and other avenues of redress.
Reprisal in any form shall not be made against any resident who
takes action to enforce his or her rights.
EACH RESIDENT OF A HOSTEL HAS THE RESPONSIBILITY:
. to respect the rights and needs of other people within the hostel,
and to respect the needs of the hostel community as a whole.
. to respect the right of staff and the proprietor to work in an
environment which is free from harassment.
. for his or her own health and well-being, as far as he or she is
capable.
. to inform his or her medical practitioner, as far as he or she is
able, about his or her relevant medical history and his or her
current state of health.

AGED OR DISABLED PERSONS CARE ACT 1954 - SCHEDULE 2

SCH

SCHEDULE 2 Section 10FC
HOSTELS WHOSE APPROVALS ARE TO BE REVOKED
Column 1 Column 2 Column 3 Column 4
State in which
Item No. Name and Address of Hostel situated Approval No.
1. Rose Cottage Campbell Road
BALWYN Victoria 455
2. Alkira Home Moggill Road
CHAPEL HILL Queensland 222
3. Pine Lodge Morayfield Road
BURPENGARY Queensland 542