Federal Register of Legislation - Australian Government

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Determinations/Aged Care as made
This determination amends the Aged Care (Home Care Subsidy Amount) Determination 2013 and the Aged Care (Flexible Care Subsidy Amount - Multi-Purpose Services) Determination 2013 (No. 2) to remove, from 26 September 2013, the Secretary's power to accept applications for the workforce supplement and prevents the Secretary from making decisions on applications made for the workforce supplement where the application is received after 26 September 2013.
Administered by: Health
Registered 26 Sep 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Repealed by Disallowance in full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:
10-Dec-2013
Expiry Date:
25-Mar-2014
House:
Senate
Details:
Full
Resolution:
Disallowed
Resolution Date:
12-Dec-2013
Resolution Time:
16:34
Provisions:

EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Social Services

Aged Care Act 1997

Aged Care Subsidies Amendment (Workforce Supplement) Determination 2013

 

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

 

Sections 48-1 and 52-1 of the Act allow the Minister to make determinations as to the amount of home care subsidy and flexible care subsidy. Among these determinations are the Aged Care (Home Care Subsidy Amount) Determination 2013 and Aged Care (Flexible Care Subsidy Amount – Multi-Purpose Services) Determination 2013 (No. 2).

 

Parts 3.2 and 3.3 of the Act relate to home care subsidy and flexible care subsidy. Aged care subsidy is a payment by the Commonwealth to an approved provider for providing aged care to care recipients. In addition to the basic subsidy amount, various supplements may be payable if eligibility requirements are met.

 

On 20 April 2012, the previous Government announced the Living Longer Living Better (LLLB) aged care reform package. As part of the reforms, the workforce supplement was introduced.

 

The Government has since announced that it will discontinue the workforce supplement and will return the funding allocated to the workforce supplement to the general pool of aged care funding.

 

Until such time as the Government has considered its options for allocating workforce supplement funding, the purpose of the Aged Care Subsidies Amendment (Workforce Supplement) Determination 2013 (the Amending Instrument) is to prevent applications for the workforce supplement from being made after 26 September 2013.

 

Approved providers that have been determined as eligible for the workforce supplement are not affected by this change and will continue to receive funding in accordance with the Principles. Additionally, approved providers who have applied for the supplement before 26 September 2013, but have not yet been assessed will continue to have their application considered.

 

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

 

Consultation

The Government publicly released ‘The Coalition’s Policy for Healthy Life, Better Ageing’ in September 2013.  Within this document the Government outlined its intention to remove the workforce supplement and to work with providers on how funding is distributed.  

 

Commencement

The Amending Instrument commences on the day after it is registered.


ATTACHMENT

 

Details of the Aged Care Subsidies Amendment (Workforce Supplement) Determination 2013

 

Clause 1 states that the name of the Amending Determination is the Aged Care Subsidies Amendment (Workforce Supplement) Determination 2013.

 

Clause 2 states that the Determination commences on the day after it is registered.

 

Clause 3 provides that the authority for the making of the Determination is the Aged Care Act 1997 (the Act).

 

Clause 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

Schedule 1 - Amendments

 

Item 1 – After subsection 11(1)

Item 1 amends the Aged Care (Home Care Subsidy Amount) Determination 2013 to add a new subsection 11(1A) which prevents applications for the workforce supplement being made by home care providers to the Secretary under subsection 11(1) any time after 26 September 2013.

 

Item 2 – After subsection 12(1)

Item 2 amends the Aged Care (Home Care Subsidy Amount) Determination 2013 to add a new subsection 12(1A) which prevents the Secretary from making a determination (that an approved provider is eligible for the workforce supplement) on any application that is received after 26 September 2013.

 

 

Schedule 2 - Amendments

 

Item 1 – After subsection 14(1)

Item 1 amends the Aged Care (Flexible Care Subsidy Amount – Multi-Purpose Services) Determination 2013 (No. 2) to add a new subsection 14(1A) which prevents applications for the workforce supplement being made by providers of Multi-Purpose Services to the Secretary under subsection 14(1) any time after 26 September 2013.

 

Item 2 – After subsection 2(1)

Item 2 amends the Aged Care (Flexible Care Subsidy Amount – Multi-Purpose Services) Determination 2013 (No. 2)  to add a subsection 15(1A) which prevents the Secretary from making a determination (that an approved provider is eligible for the workforce supplement) on any application that is received after 26 September 2013.

 


Statement of Compatibility with Human Rights

 

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

 

Aged Care Subsidies Amendment (Workforce Supplement) Determination 2013

 

The Legislative Instrument is not inconsistent 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

This instrument makes amendments to the Aged Care (Home Care Subsidy Amount) Determination 2013 and Aged Care (Flexible Care Subsidy Amount – Multi-Purpose Services) Determination 2013 (No. 2) to, from 26 September 2013, remove the Secretary’s power to accept applications for the workforce supplement and to prevent the Secretary from making decisions on applications made for the workforce supplement where the application is received after 26 September 2013.

 

Human Rights Implications

This Legislative Instrument is neutral as to the impact on human rights.

 

The Australian Government will continue to provide additional funding to those approved providers of home and flexible care that were determined by the Secretary to be eligible for the workforce supplement. In addition, applications for the workforce supplement that are received before 26 September 2013 will continue to be considered in accordance with the Principles. This will enable higher wages and better conditions for aged care workers to continue in respect of already eligible providers and those providers who have already applied and may be eligible.

 

Approved providers who are not in receipt of the workforce supplement will continue to be paid home care subsidy and flexible care subsidy at a rate that is adequate to provide the appropriate level of care to care recipients. This supports the right of care recipients to an adequate standard of living and the right to the enjoyment of the highest attainable standard of physical and mental health as contained in article 11(1) and article 12(1) International Covenant on Economic, Social and Cultural Rights and article 25 and article 28 of the Convention on the Rights of Persons with Disabilities.  

 

Conclusion

This Legislative Instrument is not inconsistent with human rights.

 

 

The Hon Kevin Andrews MP

Minister for Social Services