Federal Register of Legislation - Australian Government

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Principles as made
Establishes the expiry date for a classification, where a residential care recipient takes hospital leave followed by leave for transition care for period of 30 days or more.
Administered by: Health
Registered 24 Jun 2005
Tabling HistoryDate
Tabled HR09-Aug-2005
Tabled Senate09-Aug-2005
Date of repeal 19 Mar 2014
Repealed by Social Services (Spent and Redundant Instruments) Repeal Regulation 2014

I, JULIE BISHOP, Minister for Ageing, make these Principles under subsection 96-1 (1) of the Aged Care Act 1997.

Dated 21 June 2005

JULIE BISHOP

 


1              Name of Principles

                These Principles are the Classification Amendment Principles 2005 (No. 1).

2              Commencement

                These Principles commence on the day that they are registered.

3              Amendment of Classification Principles 1997

                Schedule 1 amends the Classification Principles 1997.


Schedule 1        Amendments

(section 3)

  

[1]           Section 9.3, after definition of low level of care

insert

transition care has the meaning given by section 15.28 of the Flexible Care Subsidy Principles 1997.

[2]           Section 9.29A

omit

extended hospital leave.

insert

extended hospital leave (other than extended hospital leave that is followed immediately by leave as provided by subsection 42-2 (3A) of the Act).

[3]           Section 9.29B

omit

extended hospital leave.

insert

extended hospital leave, other than extended hospital leave that is followed immediately by leave as provided by subsection 42-2 (3A) of the Act,

[4]           Section 9.29B, at the foot

insert

Note   The expiry date for the classification of a care recipient who is on leave from a residential care service for a continuous period of at least 30 days, first as provided by subsection 42-2 (2) of the Act, and later as provided by subsection 42-2 (3A) of the Act, is specified in Division 4 of this Part.

[5]           After section 9.29B

insert

Division 4              Expiry date for classification of care recipient — leave for hospital treatment followed by transition care

9.29C     Purpose of this Division (Act, s 27-1)

                This Division specifies the expiry date for classification of a care recipient who is on leave from a residential care service for a continuous period of at least 30 days, first as provided by subsection 42-2 (2) of the Act, and later as provided by subsection 42-2 (3A) of the Act.

9.29D     Expiry date for a classification of a care recipient — leave for hospital treatment followed by transition care

         (1)   If:

                (a)    a care recipient is on leave from a residential care service, under section 42-2 of the Act, for a continuous period of at least 30 days:

                          (i)    initially — as provided by subsection 42-2 (2) of the Act; and

                         (ii)    subsequently — as provided by subsection 42-2 (3A) of the Act; and

               (b)    in relation to the classification of the care recipient, the nominal expiry date occurs either during or after the continuous period of leave;

the expiry date for the classification of the care recipient is the day after the day on which the leave ends.

         (2)   For subsection (1), the nominal expiry date is the day that would be the expiry date for the classification of the care recipient if paragraph 27-1 (2) (a) of the Act applied.