Federal Register of Legislation - Australian Government

Primary content

Principles as made
This instrument amends the User Rights Principles 2014 to give effect to aspects of the Specialist Dementia Care Program. The amendments introduce additional circumstances where a residential care recipient can be asked to leave a residential care service, or to move to another room in the residential care service, when a period of specialist dementia care has ended.
Administered by: Health
Registered 12 Dec 2018
Tabling HistoryDate
Tabled HR12-Feb-2019
Tabled Senate12-Feb-2019
Date of repeal 02 Aug 2019
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

Commonwealth Coat of Arms of Australia

 

User Rights Amendment (Specialist Dementia Care Program) Principles 2018

I, Ken Wyatt AM, Minister for Senior Australians and Aged Care, make the following principles.

Dated   6 December 2018

Ken Wyatt AM

Minister for Senior Australians and Aged Care

 

 

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

User Rights Principles 2014                                                                                                                2

 


1  Name

                   This instrument is the User Rights Amendment (Specialist Dementia Care Program) Principles 2018.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

13 December 2018

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under section 96‑1 of the Aged Care Act 1997.

4  Schedules

                   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 1Amendments

  

User Rights Principles 2014

1  Section 4

Insert:

specialist dementia care agreement means an agreement, between the Secretary and an approved provider of a residential care service, for the provision of specialist care for persons with very severe behavioural and psychological symptoms of dementia under the Specialist Dementia Care Program (a program under which the Commonwealth provides grants to some such providers to provide such care).

2  After paragraph 6(2)(c)

Insert:

                    (ca)  the care recipient has been receiving care under a specialist dementia care agreement and a clinical advisory committee constituted in accordance with the agreement has determined that the care recipient is not suitable to continue receiving that care; or

3  After paragraph 10(1)(c)

Insert:

                    (ca)  the care recipient has been receiving care under a specialist dementia care agreement and the move is because a clinical advisory committee constituted in accordance with the agreement has determined that the care recipient is not suitable to continue receiving that care; or