Federal Register of Legislation - Australian Government

Primary content

Determinations/Aged Care as made
This determinaiton sets the level of funding provided though the workforce supplement.
Administered by: Social Services
Registered 28 Jun 2013
Tabling HistoryDate
Tabled HR12-Nov-2013
Tabled Senate12-Nov-2013
Date of repeal 12 Dec 2013
Repealed by Disallowance in full
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
11-Dec-2013
Expiry Date:
19-Mar-2014
House:
House of Reps
Details:
Full
Resolution:
Disallowed
Resolution Date:
12-Dec-2013
Resolution Time:
10:13
Provisions:

EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Mental Health and Ageing

 

Aged Care Act 1997

 

Aged Care (Residential Care Subsidy – Workforce Supplement Amount) Determination 2013

 

The Aged Care Act 1997 (the Act) provides for the regulation and 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 Residential Care Subsidy Principles 1997 (the Principles).

 

Part 3.1 of the Act relates to residential care subsidy. Residential care subsidy is a payment by the Commonwealth to approved providers for providing residential care to care recipients. Section 44-5 of the Act provides for the payment of primary supplements. Supplements are paid to approved providers in respect of a payment period as part of residential care subsidy.  Section 44-16 of the Act states that the Principles may provide for additional primary supplements. The Principles describe a supplement called the workforce supplement, along with the eligibility criteria for this supplement.

 

Subsection 44-16(3) of the Act provides that the Minister may determine, by legislative instrument, in respect of each supplement the amount of the supplement.

 

The purpose of the Aged Care (Residential Care Subsidy - Workforce Supplement Amount) Determination 2013 (the Determination) is to set the level of funding provided through the workforce supplement.

 

The amount of workforce supplement payable in respect of a day for an eligible care recipient is the amount that is 1% of the basic subsidy amount that is payable in respect of the day for the care recipient. Details are set out in the attachment.

 

The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Consultation

 

The Living Longer Living Better aged care reform package was developed in close consultation with the aged care sector, including consumers, industry and professional bodies. 

 

As part of the reform, changes are needed to the Act and to delegated legislation. This new Determination enables the value of the new workforce supplement (which forms part of the Living Longer Living Better package of reforms) to be set.

 

Consultation on the proposed changes to the Act, and to delegated legislation, commenced in November 2012, with the public release of a paper providing an overview of the proposed legislative changes.

 

A video presentation detailing the changes was also made available through the Living Longer Living Better website, to assist with public understanding of the proposed changes. 

 

During November and December 2012, the Department of Health and Ageing (the Department) also held briefing sessions in Melbourne, Sydney and Canberra on the proposed changes.

 

Stakeholders and the general community were able to provide written comments during a four-week period (21 November – 21 December 2012). The comments were made publicly available on the Living Longer Living Better website, unless the author requested otherwise. The Department received 54 submissions from members of the public, peak bodies and approved providers in response to the published overview of legislative amendments. Submissions received via the consultation on the overview of the proposed legislative changes were used to inform drafting of the amending bills and the delegated legislation.

 

In March and April 2013, the Department held industry briefing sessions across Australia to provide information and to explain, in detail, the proposed legislative changes included in the package of Bills introduced into Parliament on 13 March 2013. The briefing sessions also outlined changes to delegated legislation. For those who were unable to attend the briefings a copy of the presentation, supporting handouts, a detailed Questions and Answers document and an information video were made available on the Living Longer Living Better website.

 

A Strategic Workforce Advisory Group was formed to assist in developing the requirements for the workforce supplement to improve the capacity of the aged care sector to attract and retain staff.

 

A consultation draft of guidelines on the workforce supplement was released for comment on 2 May 2013. Feedback from this consultation process has contributed to this Determination.

 

Regulation Impact Statement

 

The Office of Best Practice Regulation has advised that no Regulation Impact Statement is required (OBPR ID 15086).

 

Commencement

 

The Determination commences on 1 July 2013.

 

 

 

 

 

 

 

 

 


 

ATTACHMENT

 

Details of the Aged Care (Residential Care Subsidy –Workforce Supplement Amount) Determination 2013

 

Section 1 - Name of determination

This section states that this determination is the Aged Care (Residential Care Subsidy –Workforce Supplement Amount) Determination 2013.

 

Section 2 - Commencement

This section states that this determination commences on 1 July 2013.

 

Section 3 - Authority

This section states that this determination is made under the Aged Care Act 1997 (the Act).

 

Section 4 - Definitions

This section provides definitions of terms that are used within the determination. The definitions used in the determination are:

·         ‘Act’ means the Aged Care Act 1997;

·         ‘basic subsidy amount’ meaning the amount worked out using Subdivision 44-B of the Act; and

·         ‘workforce supplement’ meaning the workforce supplement referred to in Division 5 of Part 10 of the Residential Care Subsidy Principles 1997.

 

Section 5 - Amount of workforce supplement

Section 5 states that the amount of the workforce supplement that is payable in respect of a day for an eligible care recipient is 1% of the basic subsidy amount that is payable in respect of the day for the care recipient. The intent of the workforce supplement is to provide eligible providers with additional funding to support increased wages and conditions for staff.

 

 


 

 

Statement of Compatibility with Human Rights

 

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

                         

Aged Care (Residential Care – Workforce Supplement Amount) Determination 2013 

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 Legislative Instrument

The purpose of the Aged Care (Residential Care Subsidy –Workforce Supplement Amount) Determination 2013 (the Legislative Instrument) is to set the level of funding provided through the workforce. The level of workforce supplement payable in respect of a day for an eligible care recipient is 1% of the basic subsidy amount for the care recipient. The transitional homeless supplement is $15 per day for each eligible care recipient.

 

Human Rights Implications

This Legislative Instrument promotes the human right to health contained in article 12 of the International Covenant on Economic Social and Cultural Rights. The Legislative Instrument engages the right of everyone to the enjoyment of the highest attainable standard of physical and mental health by ensuring that additional funding is provided to eligible providers to support increased wages and conditions for staff. This helps to ensure that the standard of care and services provided to recipients of residential aged care services is maintained.

 

Conclusion

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

 

 

 

 

 

The Hon. Mark Butler MP

Minister for Mental Health and Ageing