Federal Register of Legislation - Australian Government

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User Rights Amendment Principles 2012 (No. 2)

Authoritative Version
  • - F2012L01346
  • No longer in force
Principles as made
These principles amend the User Rights Principles 1997 to specify that approved providers must inform elegible aged care recipients to whom they are providing residential care of their eligibility for a reduction in their basic daily care fees using the methodology described in the Residential Care Subsidy Principles 1997.
Administered by: Health
Registered 26 Jun 2012
Tabling HistoryDate
Tabled HR28-Jun-2012
Tabled Senate29-Jun-2012
Date of repeal 19 Mar 2014
Repealed by Social Services (Spent and Redundant Instruments) Repeal Regulation 2014

EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Ageing

 

Aged Care Act 1997

 

User Rights Amendment Principles 2012 (No. 2)

 

The Aged Care Act 1997 (the Act) provides for the funding of aged care services. Persons who are approved under the Act to provide residential aged care services (approved providers) can be eligible to receive residential care subsidy payments in respect of the care they provide to approved care recipients. 

 

Section 96-1 of the Act allows the Minister to make Principles providing for various matters required or permitted by a Part or section of the Act.  Among the Principles made under section 96-1 are the User Rights Principles 1997 (the User Rights Principles).

 

Section 56-1 of the Act sets out the responsibilities of an approved provider relating to user rights of care recipients to whom the approved provider provides, or is to provide, residential care.  Paragraph 56-1(m) states that these responsibilities include such other responsibilities as are specified in the User Rights Principles.

 

The purpose of the User Rights Amendment Principles 2012 (No.2) (the Amending Principles) is to specify that approved providers must inform eligible aged care recipients to whom they are providing residential care of their eligibility for a reduction in their basic daily care fees using the methodology described in subsection 21.25F(3) of the Residential Care Subsidy Principles 1997

 

Consultation

 

As the effect of the amendments made by the Amending Principles was announced as part of the Clean Energy Futures Household Assistance Package, no specific consultation was undertaken in relation to this instrument.

 

Regulation impact statement

 

The Office of Best Practice Regulation has advised that no Regulation Impact Statement is required (OBPR ID 12669).

 

Further details

 

Further details on the Amending Principles are attached. The Amending Principles are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 


 

 

ATTACHMENT A

 

Details of the User Rights Amendment Principles 2012 (No. 2)

Clause 1 – Name of Principles

Clause 1 states that the name of the Amending Principles is the User Rights Amendment Principles 2012 (No. 2).

Clause 2 - Commencement

Clause 2 states that the Principles will commence on 1 July 2012.

Clause 3 – Amendment of User Rights Principles 1997

Clause 3 states that Schedule 1 amends the User Rights Principles 1997.

Schedule 1 – Amendments

Item 1        Section 23.14A, Information to be given to eligible care recipients about reduction in resident fees

 

This item inserts section 23.14A which requires an approved provider to give information to a care recipient, or his or her representative, if the care recipient is eligible for a reduction in the maximum amount of resident fees he or she may be required to pay. 

 

The information the approved provider is required to give is the fact that the care recipient is eligible for the reduction in fees if the approved provider opts to receive additional funding in the form of the basic daily fee supplement.  This information must be given to an eligible care recipient, or his or her representative, whether or not the approved provider opts to receive the basic daily fee supplement.  

 


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

User Rights Amendment Principles 2012 (No. 2)  

This Legislative Instrument is compatible with the human rights and freedoms recognised
or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The purpose of the User Rights Amendment Principles 2012 (No.2) (the Amending Principles) is to ensure that approved providers inform eligible age care residents of their eligibility for a reduction in their basic daily care fees following the implementation of the  basic daily fee Supplement.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

Mark Butler

 

Minister for Mental Health and Ageing