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Aged Care Act 1997
In force
Administered by
Department of Health, Disability and Ageing
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C2019C00023 (C68)
01 January 2019
-
05 April 2019
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Chapter 1—Introduction
Division 1—Preliminary matters
1 1 Short title
1 2 Commencement
1 3 Identifying defined terms
1 4 Tables of Divisions and Subdivisions do not form part of this Act
1 5 Application to continuing care recipients
Division 2—Objects
2 1 The objects of this Act
Division 3—Overview of this Act
3 1 General
3 2 Preliminary matters relating to subsidies (Chapter 2)
3 3 Subsidies
3 3A Fees and payments
3 4 Responsibilities of approved providers (Chapter 4)
3 5 Grants (Chapter 5)
Division 4—Application of this Act
4 1 Application of this Act
4 2 Binding the Crown
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Chapter 2—Preliminary matters relating to subsidies
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Division 5—Introduction
5 1 What this Chapter is about
5 2 Which approvals etc. may be relevant
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Part 2.1—Approval of providers
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Division 6—Introduction
6 1 What this Part is about
6 2 The Approved Provider Principles
Division 7—What is the significance of approval as a provider of aged care?
7 1 Pre conditions to receiving subsidy
7 2 Approvals may be restricted
Division 8—How does a person become an approved provider?
8 1 Approval as a provider of aged care
8 2 Applications for approval
8 3 Suitability of people to provide aged care
8 3A Meaning of key personnel
8 4 Requests for further information
8 5 Notification of Secretary’s determination
8 6 States, Territories and local government taken to be approved providers
Division 9—What obligations arise from being an approved provider?
9 1A Obligation to notify Secretary about home care services
9 1 Obligation to notify certain changes
9 2 Obligation to give information relevant to an approved provider’s status when requested
9 3 Obligation to give information relevant to payments
9 3A Obligation to give information relating to refundable deposits, accommodation bonds, entry contributions etc.
9 3B Obligation to give information about ability to refund balances
9 4 Obligations while approval is suspended
Division 10—When does an approval cease to have effect?
10 1 Cessation of approvals
10 3 Revocation of approval
Division 10A—Disqualified individuals
10A 1 Meaning of disqualified individual
10A 2 Disqualified individual must not be one of the key personnel of an approved provider
10A 3 Remedial orders
Part 2.2—Allocation of places
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Division 11—Introduction
11 1 What this Part is about
11 2 The Allocation Principles
11 3 Meaning of people with special needs
11 4 Explanation of the allocation process
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Division 12—How does the Commonwealth plan its allocations of places?
12 1 The planning process
12 2 Objectives of the planning process
12 3 Minister to determine the number of places available for allocation
12 4 Distributing available places among regions
12 5 Determining proportion of care to be provided to certain groups of people
12 6 Regions
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Division 13—How do people apply for allocations of places?
13 1 Applications for allocations of places
13 2 Invitation to apply
13 3 Application fee
13 4 Requests for further information
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Division 14—How are allocations of places decided?
14 1 Allocation of places
14 2 Competitive assessment of applications for allocations
14 3 Compliance with the invitation
14 4 Waiver of requirements
14 5 Conditions relating to particular allocations
14 6 Conditions relating to allocations generally
14 7 Allocation of places to services with extra service status
14 8 Notification of allocation
14 9 Allocations in situations of emergency
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Division 15—When do allocations of places take effect?
15 1 When allocations take effect
15 2 Provisional allocations
15 3 Applications for determinations
15 4 Variation or revocation of provisional allocations
15 5 Variation of provisional allocations on application
15 6 Surrendering provisional allocations
15 7 Provisional allocation periods
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Division 16—How are allocated places transferred from one person to another?
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Subdivision 16 A—Transfer of places other than provisionally allocated places
16 1 Application of this Subdivision
16 2 Transfer notice
16 3 Consideration of notices
16 4 Notice to resolve
16 5 Change to proposed transfer day
16 6 Veto notice
16 7 Transfer of places to service with extra service status
16 8 Transfer day
16 9 Effect of transfer on certain matters
16 10 Information to be given to transferee
16 11 Transferors to provide transferee with certain records
Subdivision 16 B—Transfer of provisionally allocated places
16 12 Application of this Subdivision
16 13 Transfer notice
16 14 Consideration of notices
16 15 Notice to resolve
16 16 Change to proposed transfer day
16 17 Veto notice
16 18 Transfer of places to service with extra service status
16 19 Transfer day
16 20 Effect of transfer on certain matters
16 21 Information to be given to transferee
Division 17—How are the conditions for allocations of places varied?
17 1 Variation of allocations
17 2 Applications for variation of allocations
17 3 Requests for further information
17 4 Consideration of applications
17 5 Time limit for decisions on applications
17 6 Notice of decisions
17 7 Variation day
17 8 Variation involving relocation of places to service with extra service status
Division 18—When do allocations cease to have effect?
18 1 Cessation of allocations
18 2 Relinquishing places
18 3 Proposals relating to the care needs of care recipients
18 4 Approved providers’ obligations relating to the care needs of care recipients
18 5 Revocation of unused allocations of places
Part 2.3—Approval of care recipients
Division 19—Introduction
19 1 What this Part is about
19 2 The Approval of Care Recipients Principles
Division 20—What is the significance of approval as a care recipient?
20 1 Care recipients must be approved before subsidy can be paid
20 2 Effect of limitation of approvals
Division 21—Who is eligible for approval as a care recipient?
21 1 Eligibility for approval
21 2 Eligibility to receive residential care
21 3 Eligibility to receive home care
21 4 Eligibility to receive flexible care
Division 22—How does a person become approved as a care recipient?
22 1 Approval as a care recipient
22 2 Limitation of approvals
22 2A Priority for home care services
22 3 Applications for approval
22 4 Assessments of care needs
22 5 Date of effect of approval
22 6 Notification of decisions
Division 23—When does an approval cease to have effect?
23 1 Expiration, lapse or revocation of approvals
23 2 Expiration of time limited approvals
23 3 Circumstances in which approval for flexible care lapses
23 4 Revocation of approvals
Part 2.3A—Prioritisation of home care recipients
Division 23A—Introduction
23A 1 What this Part is about
Division 23B—Prioritised home care recipients
23B 1 Determination that a person is a prioritised home care recipient
23B 2 Variation of level of care in relation to which a person is a prioritised home care recipient
23B 3 Cessation of determinations
23B 4 Use of computer programs to make decisions
Part 2.4—Classification of care recipients
Division 24—Introduction
24 1 What this Part is about
24 2 The Classification Principles
Division 25—How are care recipients classified?
25 1 Classification of care recipients
25 2 Classification levels
25 3 Appraisals of the level of care needed
25 4 Suspending approved providers from making appraisals and reappraisals
25 4A Stay of suspension agreements
25 4B Stayed suspension may take effect
25 4C Applications for lifting of suspension
25 4D Requests for further information
25 4E Notification of Secretary’s decision
25 5 Authorisation of another person to make appraisals or reappraisals
Division 26—When do classifications take effect?
26 1 Appraisals received within the appropriate period—care other than respite care
26 2 Appraisals not received within the appropriate period—care other than respite care
26 3 When respite care classifications take effect
Division 27—Expiry and renewal of classifications
27 1 When do classifications cease to have effect?
27 2 Expiry dates and reappraisal periods
27 3 Reappraisal required by Secretary
27 4 Reappraisal at initiative of approved provider
27 5 Requirements for reappraisals
27 6 Renewal of classifications
27 7 Date of effect of renewal of classification that has an expiry date—reappraisal received during reappraisal period
27 8 Date of effect of renewal of classification that has an expiry date—reappraisal received after reappraisal period
27 9 Date of effect of renewal—reappraisals at initiative of approved provider
Division 29—How are classifications changed?
29 1 Changing classifications
29 2 Date of effect of change
Division 29A—Civil penalty for incorrect classifications
29A 1 Warning notices
29A 2 Civil penalty
29A 3 When changes are significant
Part 2.5—Extra service places
Division 30—Introduction
30 1 What this Part is about
30 2 The Extra Service Principles
30 3 Meaning of distinct part
Division 31—When is a place an extra service place?
31 1 Extra service place
31 3 Effect of allocation or transfer of places to services with extra service status
Division 32—How is extra service status granted?
32 1 Grants of extra service status
32 2 Invitations to apply
32 3 Applications for extra service status
32 4 Criteria to be considered by Secretary
32 5 Competitive assessment of applications
32 6 Application fee
32 7 Maximum proportion of places
32 8 Conditions of grant of extra service status
32 9 Notification of extra service status
Division 33—When does extra service status cease?
33 1 Cessation of extra service status
33 3 Lapsing of extra service status
33 4 Revocation or suspension of extra service status at approved provider’s request
Division 35—How are extra service fees approved?
35 1 Approval of extra service fees
35 2 Applications for approval
35 3 Rules about amount of extra service fee
35 4 Notification of decision
Division 36—When is residential care provided on an extra service basis?
36 1 Provision of residential care on extra service basis
36 2 Extra service agreements not to be entered under duress etc.
36 3 Contents of extra service agreements
36 4 Additional protection for existing residents
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Chapter 3—Subsidies
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Division 40—Introduction
40 1 What this Chapter is about
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Part 3.1—Residential care subsidy
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Division 41—Introduction
41 1 What this Part is about
41 2 The Subsidy Principles
41 3 Meaning of residential care
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Division 42—Who is eligible for residential care subsidy?
42 1 Eligibility for residential care subsidy
42 2 Leave from residential care services
42 3 Working out periods of leave
42 4 Accreditation requirement
42 5 Determinations allowing for exceptional circumstances
42 6 Revocation of determinations
42 7 Exceeding the number of places for which there is an allocation
42 8 Notice of refusal to pay residential care subsidy
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Division 43—How is residential care subsidy paid?
43 1 Payment of residential care subsidy
43 2 Meaning of payment period
43 3 Advances
43 4 Claims for residential care subsidy
43 4A Variations of claims for residential care subsidy
43 5 Deductions for fees
43 6 Capital repayment deductions
43 8 Non compliance deductions
43 9 Recovery of overpayments
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Division 44—What is the amount of residential care subsidy?
44 1 What this Division is about
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Subdivision 44 A—Working out the amount of residential care subsidy
44 2 Amount of residential care subsidy
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Subdivision 44 B—The basic subsidy amount
44 3 The basic subsidy amount
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Subdivision 44 C—Primary supplements
44 5 Primary supplements
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Subdivision 44 D—Reductions in subsidy
44 17 Reductions in subsidy
44 19 The adjusted subsidy reduction
44 20 The compensation payment reduction
44 20A Secretary’s powers if compensation information is not given
44 21 The care subsidy reduction
44 22 Working out the means tested amount
44 23 Care subsidy reduction taken to be zero in some circumstances
44 24 The care recipient’s total assessable income
44 26 The care recipient’s total assessable income free area
44 26A The value of a person’s assets
44 26B Definitions relating to the value of a person’s assets
44 26C Determination of value of person’s assets
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Subdivision 44 F—Other supplements
44 27 Other supplements
44 28 The accommodation supplement
44 30 The hardship supplement
44 31 Determining cases of financial hardship
44 32 Revoking determinations of financial hardship
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Part 3.2—Home care subsidy
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Division 45—Introduction
45 1 What this Part is about
45 2 The Subsidy Principles
45 3 Meaning of home care
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Division 46—Who is eligible for home care subsidy?
46 1 Eligibility for home care subsidy
46 2 Suspension of home care services
46 4 Notice of refusal to pay home care subsidy
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Division 47—On what basis is home care subsidy paid?
47 1 Payability of home care subsidy
47 2 Meaning of payment period
47 3 Advances
47 4 Claims for home care subsidy
47 4A Variations of claims for home care subsidy
47 5 Recovery of overpayments
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Division 48—What is the amount of home care subsidy?
48 1 Amount of home care subsidy
48 2 The basic subsidy amount
48 3 Primary supplements
48 4 Reductions in subsidy
48 5 The compensation payment reduction
48 6 Secretary’s powers if compensation information is not given
48 7 The care subsidy reduction
48 8 Care subsidy reduction taken to be zero in some circumstances
48 9 Other supplements
48 10 The hardship supplement
48 11 Determining cases of financial hardship
48 12 Revoking determinations of financial hardship
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Part 3.3—Flexible care subsidy
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Division 49—Introduction
49 1 What this Part is about
49 2 The Subsidy Principles
49 3 Meaning of flexible care
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Division 50—Who is eligible for flexible care subsidy?
50 1 Eligibility for flexible care subsidy
50 2 Kinds of care for which flexible care subsidy may be payable
50 3 Exceeding the number of places for which there is an allocation
50 4 Notice of refusal to pay flexible care subsidy
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Division 51—On what basis is flexible care subsidy paid?
51 1 Payment of flexible care subsidy
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Division 52—What is the amount of flexible care subsidy?
52 1 Amounts of flexible care subsidy
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Chapter 3A—Fees and payments
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Division 52A—Introduction
52A 1 What this Chapter is about
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Part 3A.1—Resident and home care fees
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Division 52B—Introduction
52B 1 What this Part is about
52B 2 The Fees and Payments Principles
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Division 52C—Resident fees
52C 2 Rules relating to resident fees
52C 3 Maximum daily amount of resident fees
52C 4 The standard resident contribution
52C 5 Maximum daily amount of resident fees for reserving a place
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Division 52D—Home care fees
52D 1 Rules relating to home care fees
52D 2 Maximum daily amount of home care fees
52D 3 The basic daily care fee
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Part 3A.2—Accommodation payments and accommodation contributions
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Division 52E—Introduction
52E 1 What this Part is about
52E 2 The Fees and Payments Principles
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Division 52F—Accommodation agreements
52F 1 Information to be given before person enters residential or eligible flexible care
52F 2 Approved provider must enter accommodation agreement
52F 3 Accommodation agreements
52F 4 Refundable deposit not to be required for entry
52F 5 Accommodation agreements for flexible care
52F 6 Accommodation agreements may be included in another agreement
52F 7 Effect of accommodation agreements
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Division 52G—Rules about accommodation payments and accommodation contributions
52G 1 What this Division is about
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Subdivision 52G A—Rules about accommodation payments
52G 2 Rules about charging accommodation payments
52G 3 Minister may determine maximum amount of accommodation payment
52G 4 Aged Care Pricing Commissioner may approve higher maximum amount of accommodation payment
52G 5 Accommodation payments must not be greater than amounts set out in accommodation agreements
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Subdivision 52G B—Rules about accommodation contributions
52G 6 Rules about charging accommodation contribution
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Division 52H—Rules about daily payments
52H 1 Payment in advance
52H 2 When daily payments accrue
52H 3 Charging interest
52H 4 The Fees and Payments Principles
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Division 52J—Rules about refundable deposits
52J 2 When refundable deposits can be paid
52J 3 The Fees and Payments Principles
52J 5 Person must be left with minimum assets
52J 6 Approved provider may retain income derived
52J 7 Amounts to be deducted from refundable deposits
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Division 52K—Financial hardship
52K 1 Determining cases of financial hardship
52K 2 Revoking determinations of financial hardship
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Part 3A.3—Managing refundable deposits, accommodation bonds and entry contributions
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Division 52L—Introduction
52L 1 What this Part is about
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Division 52M—Prudential requirements
52M 1 Compliance with prudential requirements
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Division 52N—Permitted uses
52N 1 Refundable deposits and accommodation bonds to be used only for permitted purposes
52N 2 Offences relating to non permitted use of refundable deposits and accommodation bonds
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Division 52P—Refunds
52P 1 Refunding refundable deposit balances
52P 2 Refunding refundable deposit balances—former approved providers
52P 3 Payment of interest
52P 4 Delaying refunds to secure re entry
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Chapter 4—Responsibilities of approved providers
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Division 53—Introduction
53 1 What this Chapter is about
53 2 Failure to meet responsibilities does not have consequences apart from under this Act
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Part 4.1—Quality of care
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Division 54—Quality of care
54 1 Responsibilities of approved providers
54 2 Accreditation Standards
54 4 Home Care Standards
54 5 Flexible Care Standards
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Part 4.2—User rights
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Division 55—Introduction
55 1 What this Part is about
55 2 The User Rights Principles
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Division 56—What are the general responsibilities relating to user rights?
56 1 Responsibilities of approved providers—residential care
56 2 Responsibilities of approved providers—home care
56 3 Responsibilities of approved providers—flexible care
56 4 Complaints resolution mechanisms
56 5 Extent to which responsibilities apply
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Division 59—What are the requirements for resident agreements?
59 1 Requirements for resident agreements
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Division 61—What are the requirements for home care agreements?
61 1 Requirements for home care agreements
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Division 62—What are the responsibilities relating to protection of personal information?
62 1 Responsibilities relating to protection of personal information
62 2 Giving personal information to courts etc.
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Part 4.3—Accountability etc.
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Division 63—Accountability etc.
63 1 Responsibilities of approved providers
63 1AA Responsibilities relating to alleged and suspected assaults
63 1A Responsibility relating to the basic suitability of key personnel
63 1B Responsibility relating to recording entry of new residents
63 1C Responsibility relating to circumstances materially affecting an approved provider’s suitability to provide aged care
63 2 Annual report on the operation of the Act
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Part 4.4—Consequences of non compliance
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Division 64—Introduction
64 1 What this Part is about
64 2 The Sanctions Principles
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Division 65—When can sanctions be imposed?
65 1 Imposition of sanctions
65 1A Information about compliance with responsibilities
65 2 Appropriateness of imposing sanctions
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Division 66—What sanctions can be imposed?
66 1 Sanctions that may be imposed
66 2 Agreement to certain matters in lieu of revocation of approved provider status
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Division 66A—Appointing administrators and advisers
66A 2 Appointment of advisers
66A 3 Appointment of administrators
66A 4 Powers of administrators and advisers
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Division 67—How are sanctions imposed?
67 1 Procedure for imposing sanctions
67 2 Notice of non compliance
67 3 Notice of intention to impose sanctions
67 4 Notice to remedy non compliance
67 5 Notice of decision on whether to impose sanctions
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Division 67A—When do sanctions take effect?
67A 1 When this Division applies
67A 2 Basic rule—sanction takes effect at the section 67 5 notice time
67A 3 Exceptions to the basic rule
67A 4 Deferral to a later time
67A 5 Progressive revocation or suspension of allocation of places
67A 6 This Division has effect subject to section 66 2
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Division 68—When do sanctions cease to apply?
68 1 Sanctions cease to apply
68 2 Sanction period
68 3 Lifting of sanctions
68 4 Applications for lifting of sanctions
68 5 Requests for further information
68 6 Notification of Secretary’s decision
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Chapter 5—Grants
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Division 69—Introduction
69 1 What this Chapter is about
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Part 5.1—Residential care grants
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Division 70—Introduction
70 1 What this Part is about
70 2 The Grant Principles
70 3 Meaning of capital works costs
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Division 71—How do people apply for allocations of residential care grants?
71 1 Applications for residential care grants
71 2 Invitation to apply
71 3 Requests for further information
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Division 72—How are residential care grants allocated?
72 1 Allocation of residential care grants
72 4 Compliance with the invitation
72 5 Waiver of requirements
72 6 Notification of allocation
72 7 Notice to unsuccessful applicants
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Division 73—On what basis are residential care grants paid?
73 1 Basis on which residential care grants are paid
73 3 Grants payable only if certain conditions met
73 4 Variation or revocation of allocations
73 5 Variation of allocations on application of approved provider
73 6 Agreement taken to be varied
73 7 Appropriation
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Division 74—How much is a residential care grant?
74 1 The amount of a residential care grant
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Part 5.5—Advocacy grants
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Division 81—Advocacy grants
81 1 Advocacy grants
81 2 Applications for advocacy grants
81 3 Deciding whether to make advocacy grants
81 4 Conditions of advocacy grants
81 5 Appropriation
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Part 5.6—Community visitors grants
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Division 82—Community visitors grants
82 1 Community visitors grants
82 2 Applications for community visitors grants
82 3 Deciding whether to make community visitors grants
82 4 Conditions of community visitors grants
82 5 Appropriation
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Part 5.7—Other grants
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Division 83—Other grants
83 1 Other grants
83 2 Conditions of other grants
83 3 Appropriation
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Chapter 6—Administration
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Division 84—Introduction
84 1 What this Chapter is about
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Part 6.1—Reconsideration and review of decisions
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Division 85—Reconsideration and review of decisions
85 1 Reviewable decisions
85 2 Deadlines for making reviewable decisions
85 3 Reasons for reviewable decisions
85 4 Reconsidering reviewable decisions
85 5 Reconsideration of reviewable decisions
85 6 Application fee for reconsideration of decision to change classification of care recipient
85 8 AAT review of reviewable decisions
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Part 6.2—Protection of information
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Division 86—Protection of information
86 1 Meaning of protected information
86 2 Use of protected information
86 3 Disclosure of protected information for other purposes
86 4 Disclosure of protected information by people conducting assessments
86 5 Limits on use of information disclosed under section 86 3 or 86 4
86 6 Limits on use of protected information disclosed under certain legislation
86 7 Limits on use of protected information by certain Departments
86 8 Disclosure to court
86 9 Information about an aged care service
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Part 6.3—Record keeping
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Division 87—Introduction
87 1 What this Part is about
87 2 Records Principles
87 3 Failure to meet obligations does not have consequences apart from under this Act
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Division 88—What records must an approved provider keep?
88 1 Approved provider to keep and retain certain records
88 2 Approved providers to keep records specified in Records Principles
88 3 False or misleading records
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Division 89—What records must a person who was an approved provider retain?
89 1 Former approved provider to retain records
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Part 6.4—Powers of officers
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Division 90—Introduction
90 1 What this Part is about
90 2 Failure to meet obligations does not have consequences apart from under this Act
90 3 Meaning of authorised officer
90 4 Meaning of monitoring powers
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Division 91—What powers can be exercised with an occupier’s consent?
91 1 Power to enter premises with occupier’s consent to monitor compliance
91 2 Power to ask people to answer questions etc.
91 3 Occupier of premises to assist authorised officers
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Division 92—What powers can be exercised without an occupier’s consent?
92 1 Circumstances in which the powers in this Division can be exercised
92 2 Monitoring warrants
92 3 Offence related warrants
92 4 Warrants may be granted by telephone etc.
92 5 Seizures without offence related warrant in emergency situations
92 6 Discovery of evidence
92 7 Power to require people to answer questions etc.
92 8 Person on premises to assist authorised officers
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Division 93—What powers are there to examine people and obtain documents?
93 1 Secretary’s power to obtain information and documents
93 2 Self incrimination
93 4 Authorised officers may examine on oath or affirmation
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Division 94—What are the obligations relating to identity cards?
94 1 Identity cards for authorised officers
94 2 Return of identity cards issued to authorised officers
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Part 6.5—Recovery of overpayments
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Division 95—Recovery of overpayments
95 1 Recoverable amounts
95 2 Recoverable amount is a debt
95 3 Recovery by deductions from amounts payable to debtor
95 4 Recovery where there is a transfer of places
95 5 Refund to transferee if Commonwealth makes double recovery
95 6 Write off and waiver of debt
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Part 6.7—Aged Care Pricing Commissioner
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Division 95B—Aged Care Pricing Commissioner
95B 1 Aged Care Pricing Commissioner
95B 2 Appointment
95B 3 Acting appointments
95B 4 Remuneration
95B 5 Leave of absence
95B 6 Other terms and conditions
95B 7 Restrictions on outside employment
95B 8 Disclosure of interests
95B 9 Resignation
95B 10 Termination of appointment
95B 11 Delegation of Aged Care Pricing Commissioner’s functions
95B 12 Annual report
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Chapter 7—Miscellaneous
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Division 95C—Civil penalties
95C 1 Civil penalty provisions
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Division 96—Miscellaneous
96 1 Principles
96 2 Delegation of Secretary’s powers and functions
96 3 Committees
96 4 Care provided on behalf of an approved provider
96 5 Care recipients etc. lacking capacity to enter agreements
96 6 Applications etc. on behalf of care recipients
96 7 Withdrawal of applications
96 8 Protection for reporting reportable assaults
96 9 Application of the Criminal Code
96 10 Appropriation
96 13 Regulations
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Schedule 1—Dictionary
1 Definitions
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
