1 Name
This instrument is the Military Rehabilitation and Compensation (Treatment and Pharmaceutical) Amendment (Aged Care Act 2024) Instrument 2025.
2 Commencement
This instrument commences at the same time that the Aged Care Act 2024 commences.
3 Authority
This instrument is made under subsection 286(5) of the Military Rehabilitation and Compensation Act 2004.
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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 1—Amendments
MRCA Pharmaceutical Benefits Scheme (Instrument 2013 No. MRCC44)
1 Section 3, definition of residential care
repeal the definition
2 Section 3, definition of residential care service
repeal the definition, substitute
residential care service means a residential care home as defined in subsection 10(2) of the Aged Care Act 2024.
Note: Subsections 10(3), (4) and (5) of the Aged Care Act 2024 are applicable when applying subsection 10(2) of that Act.
3 Subparagraph 11B(1)(a)(i)
repeal the subparagraph, substitute
- a residential care service; or
4 Section 16, the Note
repeal the note
Schedule 2—Amendments
MRCA Treatment Principles (Instrument 2013 No. MRCC53)
1 Paragraph 1.4.1
insert
“Aged Care Rules” means the rules, as in force from time to time, made under section 602 of the Aged Care Act 2024.
2 Paragraph 1.4.1, definition of approved provider (first occurring)
omit
“approved provider”, in relation to the MRCA Home Care Program (Part 7.3A), means
substitute
“approved provider” means
3 Paragraph 1.4.1
repeal the following definitions:
- “approved provider” (second occurring);
- “approved provider” (third occurring).
4 Paragraph 1.4.1, definition of Classification Principles 2014
repeal the definition
5 Paragraph 1.4.1, definition of Commonwealth Home Support Programme service
omit
Department of Social Services
substitute
Department of Health
6 Paragraph 1.4.1, definition of daily care fee, subparagraph (b)
repeal the subparagraph, substitute
- in relation to an entitled person (including a former prisoner of war or a person awarded the Victoria Cross for Australia) who is receiving, or received, residential care—the maximum daily amount of the resident contribution for the person worked out under section 277 of the Aged Care Act 2024; or
- in relation to an entitled person (including a former prisoner of war or a person awarded the Victoria Cross for Australia) who is in a class referred to in section 275A of the Aged Care Act 2024 and is receiving, or received, residential care—the maximum daily amount of the transitional resident contribution worked out under section 285A-10 of the Aged Care Rules; or
- in relation to an entitled person (including a former prisoner of war or a person awarded the Victoria Cross for Australia) who is receiving, or received, residential care (respite)—the amount of resident respite fee for the person worked out under subsection 283(2) of the Aged Care Act 2024.
7 Paragraph 1.4.1, definition of Department of Social Services
repeal the definition
8 Paragraph 1.4.1, definition of flexible care
repeal the definition
9 Paragraph 1.4.1, definition of home care
repeal the definition, substitute
“home care” means a funded aged care service (within the meaning of the Aged Care Act 2024) that is in the service group referred to in paragraph 8(3)(a) of that Act.
10 Paragraph 1.4.1, definition of Quality Care Principles 2014
repeal the definition
11 Paragraph 1.4.1
insert
“registered provider” has the meaning given in subsection 11(2) of the Aged Care Act 2024.
12 Paragraph 1.4.1, definition of residential care
omit
residential care facility
substitute
facility
13 Paragraph 1.4.1, definition of residential care subsidy
repeal the definition, substitute
“residential care subsidy” means a subsidy worked out under Division 4 or Division 4A of Part 2 of Chapter 4 of the Aged Care Act 2024.
14 Paragraph 1.4.1, definition of short-term restorative care
repeal the definition
15 Paragraph 1.4.1
insert
“specialist aged care program” has the meaning given by section 7 of the Aged Care Act 2024.
16 Paragraph 1.4.1
insert
“System Governor” has the meaning given in section 7 of the Aged Care Act 2024.
17 Paragraph 1.4.1, definition of transition care
repeal the definition, substitute
“transition care” means a Transition Care Program as defined in section 7 of the Aged Care Act 2024.
18 Paragraph 1.4.1, definition of veterans’ supplement
repeal the definition, substitute
“veterans’ supplement”, in relation to an entitled person, means a primary person‑centred supplement or a secondary person-centred supplement that applies under the Aged Care Act 2024 to the person as a care needs recipient under that Act because the person is a veteran.
Note (1): See sections 196 and 231 of the Aged Care Act 2024.
Note (2): The Aged Care Rules may specify, in respect of a veterans’ supplement, the circumstances in which the supplement will apply.
19 Paragraph 2.2.4, Note (2)
omit
Aged Care Act 1997
substitute
Aged Care Act 2024
20 Paragraph 2.2.4, Note (3)
repeal the note, substitute
Note (3): For the meaning of daily care fee, see paragraph 1.4.1.
21 Paragraph 7.3A.12
omit
Aged Care Act 1997
substitute
Aged Care Act 2024
22 Subparagraph 9.3.2(a)
repeal the subparagraph, substitute
- is eligible for care from a registered provider for which the registered provider is eligible for a residential care subsidy; and
23 Paragraph 9.3.3
omit each occurrence of
Aged Care Act 1997
substitute
Aged Care Act 2024
24 Paragraph 10.1.2
omit
Aged Care Act 1997
substitute
Aged Care Act 2024
25 Paragraph 10.1.3
omit
Aged Care Act 1997
substitute
Aged Care Act 2024 or the Aged Care Rules
26 Paragraph 10.1.3, Note
repeal the note, substitute
Note: The effect of paragraph 10.1.3 is to provide for payment to be made under the Military Rehabilitation and Compensation Act 2004 instead of the Aged Care Act 2024. Subsidies payable under Part 2 of Chapter 4 of the Aged Care Act 2024 for treatment under Division 4 of Part 3 of Chapter 6 of the Act are not payable as an automatic appropriation out of the Consolidated Revenue Fund under the Aged Care Act 2024 (see section 598 of that Act). See section 423 of the Act for how payments are appropriated.
27 Paragraph 10.1.4
omit
Aged Care Act 1997
substitute
Aged Care Act 2024
28 Paragraph 10.1.5
omit
Aged Care Act 1997
substitute
Aged Care Act 2024
29 Paragraph 10.1.5, Note
omit
Aged Care Act 1997
substitute
Aged Care Act 2024
30 Paragraph 10.3.2
omit
The Commission may, in accordance with the following Table and subject to this Part, accept financial liability for the provision of residential care (respite) to an entitled person for a period not exceeding 63 days in a Financial year or not exceeding such further period in a Financial year for which residential care provided as respite to the person is permitted under the Subsidy Principles 2014.
substitute
The Commission may, in accordance with the following Table and subject to this Part, accept financial liability for the provision of residential care (respite) to an entitled person for a period not exceeding the greater of:
- 63 days in a Financial year; or
- such further period in a Financial year for which the entitled person has a classification type short-term for the service group residential care (within the meaning of the Aged Care Act 2024 and the Aged Care Rules) in effect.
31 Paragraph 10.3.2, Note (3)
repeal the note, substitute
Note (3): Under the Aged Care Rules, a classification level for the classification type short term has effect for a limited period. The System Governor may increase the number of days for which a person’s classification level is in effect by no more than 21 days. The System Governor may make such an increase more than once.
32 Paragraph 10.3.2
below the table, after the definition of “RCS + DCF”, omit
* or for such further period permitted under the Subsidy Principles 2014.
substitute
* or for such further period permitted under the Aged Care Rules.
33 Subparagraph 10.3.4(a)
omit
Subsidy Principles 2014
substitute
Aged Care Rules
34 Paragraph 10.3.6
omit
Subsidy Principles 2014
substitute
Aged Care Rules
35 Paragraph 10.3.7
omit
Subsidy Principles 2014
substitute
Aged Care Rules
36 Paragraph 10.3.9
omit
Aged Care Act 1997
substitute
Aged Care Act 2024
37 Paragraph 10.3.9, Note (1)
repeal the note, substitute
Note (1): the effect of paragraph 10.3.9 is to provide for payment to be made under the Act instead of the Aged Care Act 2024. Subsidies payable under Part 2 of Chapter 4 of the Aged Care Act 2024 for treatment under Division 4 of Part 3 of Chapter 6 of the Act are not payable as an automatic appropriation out of the Consolidated Revenue Fund under the Aged Care Act 2024 (see section 598 of that Act). See section 423 of the Act for how payments are appropriated.
38 Paragraph 10.3.10
omit each occurrence of
Aged Care Act 1997
substitute
Aged Care Act 2024
39 Part 10, Part D, definition of co-payment
omit
Aged Care Act 1997.
substitute
Aged Care Act 2024.
40 Paragraph 10.5
omit each occurrence of
Aged Care Act 1997
substitute
Aged Care Act 2024
41 Paragraph 10.6
omit each occurrence of
Aged Care Act 1997
substitute
Aged Care Act 2024
42 Part 10, Part E, definition of co-payment
omit
Aged Care Act 1997.
substitute
Aged Care Act 2024.
43 Paragraph 10.8.1
omit
an approved provider
substitute
a registered provider
44 Subparagraph 10.8.1(a)
repeal the subparagraph, substitute
- if the care is provided on a day in respect of which a subsidy for a specialist aged care program is payable under section 248 of the Aged Care Act 2024; and
45 Subparagraph 10.8.1(a), Note (1)
repeal the note
46 Subparagraph 10.8.1(b)
repeal the subparagraph, substitute
- if the co-payment does not exceed the amount the registered provider is permitted to charge the POW or VC recipient under section 286 of the Aged Care Act 2024.
47 Subparagraph 10.8.2(a)
omit
Aged Care Act 1997
substitute
Aged Care Act 2024
48 Subparagraph 10.8.2(a), Note (1)
repeal the note
49 Subparagraph 10.8.2(a), Note (2)
repeal the note
50 Subparagraph 10.8.2(b)
repeal the subparagraph
51 Subparagraph 10.8.2(c)
repeal the subparagraph
52 Paragraph 10.9.1
omit
An approved provider
substitute
A registered provider
53 Part 10, Part F
repeal the Part
