Part 1—Preliminary
1 Name of principles
These principles are the Approval of Care Recipients Principles 2014.
3 Authority
These principles are made under the Aged Care Act 1997.
4 Definitions
In these principles:
Act means the Aged Care Act 1997.
Commonwealth home care package means a package of care and services in respect of which home care subsidy is payable.
episode of short‑term restorative care has the meaning given by section 4 of the Subsidy Principles 2014.
in‑patient hospital episode has the meaning given by section 4 of the Subsidy Principles 2014.
multi‑purpose service has the meaning given by section 4 of the Subsidy Principles 2014.
short‑term restorative care has the meaning given by section 4 of the Subsidy Principles 2014.
transition care has the meaning given by section 4 of the Subsidy Principles 2014.
Note: A number of expressions used in these principles are defined in the Act, including the following:
(a) flexible care;
(b) home care;
(c) respite care.
Part 2—Eligibility to receive care
5 Purpose of this Part
For sections 21‑2, 21‑3 and 21‑4 of the Act, this Part specifies additional criteria that a person must meet to be eligible to receive residential care, home care or flexible care.
6 Residential care
(1) For paragraph 21‑2(c) of the Act, a person is eligible to receive residential care only if:
(a) the person is assessed as:
(i) having a condition of frailty or disability requiring continuing personal care; and
(ii) being incapable of living in the community without support; and
(b) for a person who is not an aged person—there are no other care facilities or care services more appropriate to meet the person’s needs.
(2) In deciding if a person meets the criteria mentioned in subsection (1), the Secretary must consider the person’s medical, physical, psychological and social circumstances, including (if relevant) the following:
(a) evidence of a medical condition, as decided by a suitably qualified medical practitioner;
(b) evidence of absence or loss of physical functions, as established by assessment of capacity to perform daily living tasks;
(c) evidence of absence or loss of cognitive functioning, as established by:
(i) a medical diagnosis of dementia or other condition; or
(ii) assessment of capacity to perform daily living tasks; or
(iii) evidence of behavioural dysfunction;
(d) evidence of absence or loss of social functioning, as established by:
(i) information provided by the person, a carer, family, friends or others; or
(ii) assessment of capacity to perform daily living tasks;
(e) evidence that the person’s life or health would be at significant risk if the person did not receive residential care.
7 Home care
Home care—levels 1 and 2
(1) For paragraph 21‑3(c) of the Act, a person is eligible to receive home care at level 1 or level 2 only if:
(a) the person is assessed as having needs that can only be met by a coordinated package of care services; and
(b) the person is assessed as requiring a low level of home care; and
(c) the person prefers to remain living at home; and
(d) the person is assessed as being able to live at home with the support of home care at level 1 or level 2; and
(e) for a person who is not an aged person—there are no other care facilities or care services more appropriate to meet the person’s needs.
Home care—levels 3 and 4
(2) For paragraph 21‑3(c) of the Act, a person is eligible to receive home care at level 3 or level 4 only if:
(a) the person is assessed as having needs that can only be met by a coordinated package of care services; and
(b) the person is assessed as requiring a high level of home care; and
(c) the person prefers to remain living at home; and
(d) the person is assessed as being able to live at home with the support of home care at level 3 or level 4; and
(e) for a person who is not an aged person—there are no other care facilities or care services more appropriate to meet the person’s needs.
8 Flexible care—transition care
For paragraph 21‑4(c) of the Act, a person is eligible to receive flexible care in the form of transition care only if the person:
(a) is assessed as satisfying all of the following requirements:
(i) the person is in the concluding stage of an in‑patient hospital episode;
(ii) the person is medically stable;
(iii) the person has the potential to benefit from transition care; and
(b) is in hospital at the time the assessment is undertaken; and
(c) would be assessed as eligible to receive residential care if the person applied for residential care.
8A Flexible care—short‑term restorative care
For paragraph 21‑4(c) of the Act, a person is eligible to receive flexible care in the form of a single episode of short‑term restorative care (the proposed episode) only if:
(a) the person is assessed as experiencing functional decline that is likely to be reversed or slowed through short‑term restorative care; and
(b) the person is at risk of losing independence to such a degree that, without short‑term restorative care, it is likely that the person will require home care, residential care or flexible care provided through a multi‑purpose service; and
(c) the person is not receiving residential care, home care through a Commonwealth home care package or flexible care in the form of transition care; and
(d) the person is not on leave from a residential care service or a flexible care service through which the person is receiving flexible care in the form of transition care; and
(e) the person would not be assessed as eligible to receive flexible care in the form of transition care if the person applied for flexible care in the form of transition care; and
(f) the person has not, at any time during the 6 months before the date of assessment, received flexible care in the form of transition care; and
(g) the person has not, at any time during the 3 months before the date of assessment, been hospitalised for a condition related to the functional decline mentioned in paragraph (a); and
(h) the person is not receiving end of life care; and
(i) in receiving the proposed episode, the person will not have received more than 2 episodes of short‑term restorative care in any 12 month period.
Part 3—Limitation of approvals
9 Purpose of this Part
For section 22‑2 of the Act, this Part specifies matters and circumstances to which approval of a person as a care recipient of one or more types of aged care may be limited.
10 Residential care provided as respite care
(1) Approval of a person as a recipient of residential care may be limited to respite care if respite care is appropriate to the needs of the person, the person’s carer or both.
(2) If a person’s approval is limited to residential care provided as respite care, the approval may be limited to:
(a) low level residential respite care; or
(b) high level residential respite care.
(3) However, if the person is approved as a recipient of high level residential respite care, the limitation of the approval does not prevent the person receiving low level residential respite care.
11 Home care
(1) Approval of a person as a recipient of home care may be limited to one of the following levels of home care:
(a) level 1;
(b) level 2;
(c) level 3;
(d) level 4;
where level 4 is the highest level of home care and level 1 is the lowest.
(2) However, if a person is approved as a recipient of a particular level of home care, the limitation of approval to that level does not prevent the person receiving home care at a lower level.
Part 4—Date of effect of approval
12 Purpose of this Part
For paragraph 22‑5(2)(b) of the Act, this Part sets out the circumstances in which the Secretary may be satisfied that a person who was provided with care before being approved as a recipient of that type of care urgently needed the care when it started.
13 Care provided in emergency circumstances
The Secretary may be satisfied that the person urgently needed the care when the care started if the Secretary is satisfied that an emergency existed when the care started.
Part 5—Lapsing of approval
14 Purpose of this Part
For section 23‑3 of the Act, this Part specifies:
(a) the entry period for flexible care in the form of transition care and flexible care in the form of short‑term restorative care; and
(b) circumstances in which a person’s approval as a recipient of flexible care in the form of transition care, or flexible care in the form of short‑term restorative care, lapses.
15 Entry period
(1) For paragraph 23‑3(1)(a) of the Act, the entry period for a person who is approved as a recipient of flexible care in the form of transition care is 4 weeks beginning on the day after the approval is given under subsection 22‑1(2) of the Act.
(2) For paragraph 23‑3(1)(a) of the Act, the entry period for a person who is approved as a recipient of flexible care in the form of an episode of short‑term restorative care is 6 months beginning on the day after the approval is given under subsection 22‑1(2) of the Act.
16 Circumstances in which approval lapses
(1) For subsection 23‑3(3) of the Act, the approval of a person as a recipient of flexible care in the form of transition care lapses if the person is not provided, for a period of at least 1 day after the entry period for the person’s approval ends, with the care in respect of which the person is approved.
(2) For subsection 23‑3(3) of the Act, the approval of a person as a recipient of flexible care in the form of an episode of short‑term restorative care lapses if:
(a) the episode of short‑term restorative care ends; or
(b) both of the following apply:
(i) for a period (the non‑care period) of at least 1 day after the entry period for the person’s approval ends, the person is not provided with the care in respect of which the person is approved;
(ii) the provision of care to the person was not suspended in accordance with subsections 111C(3) to (5) of the Subsidy Principles 2014 for each day in the non‑care period.
(3) In this section:
entry period, for a person’s approval, means:
(a) if the person is approved as a recipient of flexible care in the form of transition care—the entry period specified in subsection 15(1); or
(b) if the person is approved as a recipient of flexible care in the form of short‑term restorative care—the entry period specified in subsection 15(2).
Part 6—Transitional provisions
17 Residential care started before 1 July 2014 but approval given on or after that date
(1) This section applies to a person:
(a) who started to be provided with residential care (other than residential care provided as respite care) before 1 July 2014; and
(b) who is approved as a recipient of residential care under section 22‑1 of the Act on or after 1 July 2014; and
(c) whose approval as a recipient of residential care is taken to have had effect from the day on which the care started because of subsection 22‑5(2) of the Act.
(2) The approval may be limited to a high level of residential care or a low level of residential care.
(3) However, if the person is approved as a recipient of a high level of residential care, the limitation of the approval does not prevent the person receiving residential care at any classification level.
(4) In this section:
high level of residential care has the meaning given by section 9.3 of the Classification Principles 1997 as in force immediately before 1 July 2014.
low level of residential care has the meaning given by section 9.3 of the Classification Principles 1997 as in force immediately before 1 July 2014.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Approval of Care Recipients Principles 2014 | 24 June 2014 (F2014L00804) | 1 July 2014 (s 2) | |
Aged Care Legislation Amendment (Short-term Restorative Care) Principles 2016 | 5 May 2016 (F2016L00670) | Sch 1 (items 9–15):
6 May 2016 (s 2(1) item 1) | — |
Endnote 4—Amendment history
Provision affected | How affected |
Part 1 | |
s 2..................... | rep LA s 48D |
s 4..................... | am F2016L00670 |
Part 2 | |
s 8A.................... | ad F2016L00670 |
Part 5 | |
s 14.................... | am F2016L00670 |
s 15.................... | am F2016L00670 |
s 16.................... | am F2016L00670 |
