Allocation Amendment Principles 2003 (No. 1)
I, KEVIN JAMES ANDREWS, Minister for Ageing, make these Principles under subsection 96-1 (1) of the Aged Care Act 1997.
Dated 3 March 2003
KEVIN ANDREWS
Minister for Ageing
1 Name of Principles
These Principles are the Allocation Amendment Principles 2003 (No. 1).
2 Commencement
These Principles commence on gazettal.
3 Amendment of Allocation Principles 1997
Schedule 1 amends the Allocation Principles 1997.
Schedule 1 Amendments
(section 3)
[1] Section 4.3, definition of government officer
omit
Commonwealth or a State.
insert
Commonwealth, a State or a local government authority.
[2] Section 4.3, after definition of State
insert
veteran means a person who is:
(a) a veteran of the Australian Defence Force or of an allied defence force; or
(b) a spouse, widow or widower of a person mentioned in paragraph (a).
[3] Section 4.4B
substitute
4.4B Veterans
People who are veterans are specified.
[4] Section 4.17
substitute
(1) A committee consists of a chairperson, a deputy chairperson and at least 6, and not more than 9, other members.
(2) At least 2 members of a committee must be government officers.
(3) At least 6 members of a committee (the non‑government members) must not be government officers.
(4) The members of a committee are to be appointed by the Secretary.
4.17A Deputy chairperson to act as chairperson
(1) The deputy chairperson of a committee is to act as chairperson during any period when:
(a) the office of chairperson is vacant (whether or not an appointment has been made to that office before); or
(b) the chairperson is absent from Australia or is, for any reason, unable to perform the duties of that office.
(2) While the deputy chairperson acts as chairperson, the deputy chairperson has all the powers and duties of the chairperson.
(3) Anything done by or in relation to a person purporting to act as chairperson under subsection (1) is not invalid merely because:
(a) there was a defect or irregularity in connection with the person’s appointment as deputy chairperson; or
(b) the person’s appointment as deputy chairperson had ceased to have effect; or
(c) the occasion for the person to act as chairperson had not arisen or had ceased.
[5] After subsection 4.18 (2)
insert
(2A) A government officer may be chosen for appointment as a member of a committee only if he or she:
(a) is nominated by the government, or local government authority, of which he or she is an officer or employee; and
(b) has experience in the administration or delivery of aged care services by:
(i) that government or authority; or
(ii) if the government officer is an officer or employee of a State or a local government authority — another State or local government authority.
(2B) For appointment as a chairperson or deputy chairperson of a committee, a person may be chosen only if he or she also has leadership experience that is relevant to the committee’s function mentioned in section 4.12.
(2C) The Secretary must ensure, as far as practicable, that members of a committee who are government officers, between them, have knowledge of, or experience in, each of the following:
(a) aged care policy;
(b) aged care funding programs;
(c) aged care planning processes;
(d) the delivery of aged care services to people from culturally or linguistically diverse backgrounds;
(e) the delivery of aged care services to people from Aboriginal and Torres Strait Islander communities;
(f) the delivery of aged care services to people living in rural and remote areas;
(g) the delivery of aged care services to veterans.
[6] Paragraph 4.18 (3) (c)
after
aged care
insert
services
[7] Paragraph 4.18 (3) (f)
omit
ex-servicemen and ex-servicewomen.
insert
veterans.
[8] Sections 4.27 and 4.28
substitute
4.27 Presiding member and quorum
(1) The chairperson of a committee must preside at each meeting of the committee.
(2) At a meeting of a committee, a majority of members that includes the chairperson forms a quorum.
Note The chairperson includes the deputy chairperson acting as chairperson: see subsection 4.17A (2).