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

Dated          10^th December 2009

1              Name of Principles

                These Principles are the Quality of Care Amendment Principles 2009 (No. 1).

2              Commencement

                These Principles commence on 1 January 2010.

3              Amendment of Quality of Care Principles 1997

                Schedule 1 amends the Quality of Care Principles 1997.

Schedule 1        Amendments

(section 3)

[1]           Subsections 18.6(3) and 18.6(4)

substitute

         (3)   However, the services stated in Part 3 of Schedule 1 are required only for the following residents:

                (a)    a resident who on 19 March 2008 was receiving a high level of residential care (as defined in the Act on 19 March 2008); or

               (b)    a resident who is receiving a high level of residential care (as defined in the Act on 19 March 2008); or

                (c)    a resident who is receiving a high level of residential care (as defined in the Act on or after 1 January 2010); or

               (d)    a resident who:

(i)     on 31 December 2009, was receiving a high level of residential care (as defined in the Act on 31 December 2009); and

(ii)    on or after 1 January 2010, would be ineligible to receive a high level of residential care solely because of the amendment to the definition of high level of residential care made on 1 January 2010; and

(iii)   is receiving residential care from the same aged care service from which the resident was receiving care on 31 December   2009.

Note The Act defines high level of residential care as having the meaning given by the Classification Principles. The definition of high level of residential care in the Classification Principles 1997 was amended on 20 March 2008 and 1 January 2010.

         (4)   For residents described in paragraph 18.6(3)(d), if initial and on-going assessment, planning and management of care for residents (nursing services as described in Item 3.8 of Part 3 of Schedule 1) is required, it must be carried out by a registered nurse.

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.