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Aged Care Act 1997
No longer in force
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Administered by
Department of Health, Disability and Ageing
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C2021C00185 C76
01 April 2021
-
28 June 2021
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Chapter 1—Introduction
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Division 1—Preliminary matters
1-1 Short title
1-2 Commencement
1-3 Identifying defined terms
1-4 Tables of Divisions and Subdivisions do not form part of this Act
1-5 Application to continuing care recipients
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Division 2—Objects
2-1 The objects of this Act
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Division 3—Overview of this Act
3-1 General
3-2 Preliminary matters relating to subsidies (Chapter 2)
3-3 Subsidies
3-3A Fees and payments
3-4 Responsibilities of approved providers (Chapter 4)
3-5 Grants (Chapter 5)
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Division 4—Application of this Act
4-1 Application of this Act
4-2 Binding the Crown
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Chapter 2—Preliminary matters relating to subsidies
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Division 5—Introduction
5-1 What this Chapter is about
5-2 Which approvals etc. may be relevant
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Part 2.1—Approved providers
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Division 6—Introduction
6-1 What this Part is about
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Division 7—What is the significance of approval as a provider of aged care?
7-1 Pre-conditions to receiving subsidy
7-2 Payment of subsidy if approval of provider is restricted to certain aged care services etc.
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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
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Division 10A—Disqualified individuals
10A-2 Disqualified individual must not be one of the key personnel of an approved provider
10A-3 Remedial orders
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Part 2.2—Allocation of places
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Division 11—Introduction
11-1 What this Part is about
11-2 The Allocation Principles
11-3 Meaning of people with special needs
11-4 Explanation of the allocation process
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Division 12—How does the Commonwealth plan its allocations of places?
12-1 The planning process
12-2 Objectives of the planning process
12-3 Minister to determine the number of places available for allocation
12-4 Distributing available places among regions
12-5 Determining proportion of care to be provided to certain groups of people
12-6 Regions
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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
15-5A Variation of region that involves moving provisionally allocated places to a service with extra service status
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
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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
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Division 17—How are the conditions for allocations of places varied?
17-1 Variation of allocations
17-2 Applications for variation of allocations
17-3 Requests for further information
17-4 Consideration of applications
17-5 Time limit for decisions on applications
17-6 Notice of decisions
17-7 Variation day
17-8 Variation involving relocation of places to service with extra service status
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Division 18—When do allocations cease to have effect?
18-1 Cessation of allocations
18-2 Relinquishing places
18-3 Proposals relating to the care needs of care recipients
18-4 Approved providers’ obligations relating to the care needs of care recipients
18-5 Revocation of unused allocations of places
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Part 2.3—Approval of care recipients
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Division 19—Introduction
19-1 What this Part is about
19-2 The Approval of Care Recipients Principles
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Division 20—What is the significance of approval as a care recipient?
20-1 Care recipients must be approved before subsidy can be paid
20-2 Effect of limitation of approvals
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Division 21—Who is eligible for approval as a care recipient?
21-1 Eligibility for approval
21-2 Eligibility to receive residential care
21-3 Eligibility to receive home care
21-4 Eligibility to receive flexible care
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Division 22—How does a person become approved as a care recipient?
22-1 Approval as a care recipient
22-2 Limitation of approvals
22-2A 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
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Division 23—When does an approval cease to have effect?
23-1 Expiration, lapse or revocation of approvals
23-2 Expiration of time limited approvals
23-3 Circumstances in which approval for flexible care lapses
23-4 Revocation of approvals
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Part 2.3A—Prioritisation of home care recipients
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Division 23A—Introduction
23A-1 What this Part is about
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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
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Part 2.4—Classification of care recipients
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Division 24—Introduction
24-1 What this Part is about
24-2 The Classification Principles
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Division 25—How are care recipients classified?
25-1 Classification of care recipients
25-2 Classification levels
25-3 Appraisals of the level of care needed
25-4 Suspending approved providers from making appraisals 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
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Division 26—When do classifications take effect?
26-1 Appraisals received within the appropriate period—care other than respite care
26-2 Appraisals not received within the appropriate period—care other than respite care
26-3 When respite care classifications take effect
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Division 27—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
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Division 29—How are classifications changed?
29-1 Changing classifications
29-2 Date of effect of change
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Division 29A—Civil penalty for incorrect classifications
29A-1 Warning notices
29A-2 Civil penalty
29A-3 When changes are significant
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Part 2.4A—Classification of care recipients on Secretary’s initiative
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Division 29B—Introduction
29B-1 What this Part is about
29B-2 The Classification Principles
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Division 29C—How are care recipients classified?
29C-1 Application of this Division
29C-2 Classification of care recipients
29C-3 Secretary may assess care recipient
29C-4 Care recipients may have classifications for both respite and non-respite care
29C-5 Classification levels
29C-6 Exclusion of classes of care recipients
29C-7 Classifications of persons who cease to be care recipients
29C-8 Use of computer programs to make decisions
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Division 29D—How are care recipients reclassified?
29D-1 Reclassification of care recipients
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Division 29E—How are classifications changed?
29E-1 Changing classifications
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Division 29F—Limited effect of classifications under this Part
29F-1 Limited effect of classifications under this Part
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Part 2.5—Extra service places
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Division 30—Introduction
30-1 What this Part is about
30-2 The Extra Service Principles
30-3 Meaning of distinct part
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Division 31—When is a place an extra service place?
31-1 Extra service place
31-3 Effect of allocation, transfer or variation of places to services with extra service status
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Division 32—How is extra service status granted?
32-1 Grants of extra service status
32-2 Invitations to apply
32-3 Applications for extra service status
32-4 Criteria to be considered by Secretary
32-5 Competitive assessment of applications
32-6 Application fee
32-7 Maximum proportion of places
32-8 Conditions of grant of extra service status
32-9 Notification of extra service status
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Division 33—When does extra service status cease?
33-1 Cessation of extra service status
33-3 Lapsing of extra service status
33-4 Revocation or suspension of extra service status at approved provider’s request
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Division 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
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Division 36—When is residential care provided on an extra service basis?
36-1 Provision of residential care on extra service basis
36-2 Extra service agreements not to be entered under duress etc.
36-3 Contents of extra service agreements
36-4 Additional protection for existing residents
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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
42-2A Determining situations of emergency to enable additional leave
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
47-4 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 Aged Care Quality Standards
54-3 Reportable incidents
54-4 Disclosures qualifying for protection
54-5 Disclosure that qualifies for protection not actionable etc.
54-6 Victimisation prohibited
54-7 Right to compensation
54-8 Approved providers’ responsibilities in relation to informants
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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
63-1A 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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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—Compliance and enforcement powers
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Division 90—Introduction
90-1 Simplified outline of this Part
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Division 91—Entry and search powers relating to certain applications and grants
91-1 Power to enter premises and exercise search powers in relation to certain applications and grants
91-2 Consent
91-3 Search powers
91-4 Asking questions and seeking production of documents
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Division 92—Regulatory powers
92-1 Monitoring powers
92-2 Modifications of Part 2 of the Regulatory Powers Act
92-3 Investigation powers
92-4 Modifications of Part 3 of the Regulatory Powers Act
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Division 93—Notice to attend to answer questions etc.
93-1 Notice to attend to answer questions etc. relevant to certain matters
93-2 Attending before authorised officer to answer questions
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Division 94—Appointment of authorised officers
94-1 Authorised officers must carry identity card
94-2 Appointment of 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
96-2A Identity cards for certain delegates
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
96-9 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
