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AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 No. 114 of 1997 - SCHEDULE 1
Schedule 1ĐAmendment of the National Health Act 1953 1 Subsection 4(1)
(definition of approved) Omit "means approved, or deemed to be approved, under
Part V", substitute "has the meaning given in subsection (1AAA) of this
section". 2 After subsection 4(1A) Insert:
(1AAA) A reference in this Act to a nursing home being approved is a reference
to an approval having been in force, or having been deemed to be in force,
under Part V, in respect of the nursing home, immediately before the
commencement of the Aged Care Act 1997 (other than Division 1 of that Act). 3
Section 4AAAA Repeal the section. 4 Section 39 (definition of approved
operator) Omit "is in force", substitute "was, immediately before the
commencement of the Aged Care Act 1997 (other than Division 1 of that Act), in
force". 5 Section 39 (definition of Charter) Repeal the definition. 6 Sections
39AAA to 39BB Repeal the sections. 7 Subsections 40AA(1) to (5) Repeal the
subsections, substitute:
(1) On and after the commencement of the Aged Care Act 1997 (other than
Division 1 of that Act), this section applies only to an approved nursing home
that is a Government nursing home. Note: The heading to section 40AA is
replaced by the heading "Government nursing homes". 8 Paragraph 40AA(6)(a)
Omit all the words from and including "and that no alteration" to and
including "alterations or additions". 9 Paragraphs 40AA(6)(ab), (bc), (bd),
(c), (ca), (ch) and (cl) Repeal the paragraphs. 10 Subsections 40AA(6A) and
(6C) Repeal the subsections. 11 Paragraph 40AA(7)(a) Repeal the paragraph. 12
Section 40AAA Repeal the section. 13 Subsections 40AB(1) and (3) Omit "an
approved nursing home", substitute "a Government nursing home". 14 Subsection
40AB(3B) Omit "nursing" (wherever occurring), substitute "Government nursing".
15 Subsection 40AB(4AA) Omit "nursing" (first occurring), substitute
"Government nursing". 16 Subsections 40AB(4A), (5) and (5A) Omit "an approved
nursing home", substitute "a Government nursing home". 17 Section 40ABB Repeal
the section. 18 Subsection 40AC(1) Omit "approved nursing home" (second
occurring), substitute "Government nursing home". 19 Sections 40AD and 40ADB
Repeal the sections. 20 After subsection 40AE(1) Insert:
(1A) If the Secretary makes a determination under subsection 46E(1) relating
to an approved nursing home, the proprietor of the nursing home may request
the Minister to review the Secretary's decision. 21 At the end of section 40AE
Add:
(7) Without prejudice to the effect of the repeal of section 40AD on a
decision of the Secretary of a kind referred to in subsection (2) of this
section, that repeal does not affect the conduct of a review of that decision
under this section. 22 Section 40AEA Omit "40AE(1) or (2)", substitute
"40AE(1), (1A) or (2)". 23 Paragraph 40AEB(1)(a) Omit "40AE(1) or (2)",
substitute "40AE(1), (1A) or (2)". 24 Subsection 40AEC(1) Omit "40AE(1) or
(2)", substitute "40AE(1), (1A) or (2)". 25 Paragraph 40AEG(1)(a) Omit
"40AE(1) or (2)", substitute "40AE(1), (1A) or (2)". 26 Paragraph 40AEH(3)(a)
Omit "40AE(1) or (2)", substitute "40AE(1), (1A) or (2)". 27 Sections 40AFA to
40AFJ Repeal the sections. 28 At the end of section 40AG Add:
(10) The Secretary must not make a determination under subsection (2) in
relation to a financial year that commences on or after the day on which the
Aged Care Act 1997 (other than Division 1 of that Act) commences. 29 At the
end of section 40AGA Add:
(8) The Secretary must not make a determination under subsection (2) in
relation to a financial year that commences on or after the day on which the
Aged Care Act 1997 (other than Division 1 of that Act) commences. 30 At the
end of section 40AH Add:
(4) The Minister must not make a determination under subsection (1) or (2)
that relates to a day that occurs on or after the day on which the
Aged Care Act 1997 (other than Division 1 of that Act) commences. 31 Section
44A Repeal the section. 32 At the end of section 45DA Add:
(7) The Minister must not publish a statement that contains information that
relates to a day on or after the day on which the Aged Care Act 1997 (other
than Division 1 of that Act) commences. 33 At the end of section 45DC Add:
(9) The Minister must not publish a statement that contains information that
relates to a day on or after the day on which the Aged Care Act 1997 (other
than Division 1 of that Act) commences. 34 Sections 45E, 45EA, 45EB and 45F
Repeal the sections. 35 At the end of section 46C Add:
(13) The Secretary must not:
(a) determine an accounting period that would end on or after the day on
which the Aged Care Act 1997 (other than Division 1 of that Act)
commences; or
(b) vary an accounting period so that it would end on or after the day on
which the Aged Care Act 1997 (other than Division 1 of that Act)
commences. 36 At the end of section 47A Add:
(4) This section does not apply in respect of a day on or after the day on
which the Aged Care Act 1997 (other than Division 1 of that Act) commences. 37
At the end of section 48A Add:
(5) This section does not apply in respect of a day on or after the day on
which the Aged Care Act 1997 (other than Division 1 of that Act) commences. 38
At the end of section 48AB Add:
(2) This section does not apply in respect of a day on or after the day on
which the Aged Care Act 1997 (other than Division 1 of that Act) commences. 39
At the end of section 48B Add:
(4) This section does not apply in respect of a day on or after the day on
which the Aged Care Act 1997 (other than Division 1 of that Act) commences. 40
At the end of section 48C Add:
(4) This section does not apply in respect of a day on or after the day on
which the Aged Care Act 1997 (other than Division 1 of that Act) commences. 41
At the end of section 48D Add:
(4) This section does not apply in respect of a day on or after the day on
which the Aged Care Act 1997 (other than Division 1 of that Act) commences. 42
At the end of section 48E Add:
(4) This section does not apply in respect of a day on or after the day on
which the Aged Care Act 1997 (other than Division 1 of that Act) commences. 43
At the end of section 49AA Add:
(6) Regulations made for the purposes of subsection (1) must not be made in
respect of the provision of respite care in approved nursing homes on or after
the day on which the Aged Care Act 1997 (other than Division 1 of that Act)
commences. 44 Section 52 (definition of AIP) After "granted", insert ", before
the commencement of the Aged Care Act 1997 (other than Division 1 of that
Act),". 45 Sections 52A, 52B and 52C Repeal the sections. 46 At the end of
section 56 Add:
(2) The Commonwealth benefit ceases to be payable if:
(a) immediately before the commencement day, a Commonwealth benefit was
payable to the proprietor; and
(b) on or after the commencement day, the residential care service that
corresponds to the eligible premises:
(i) is granted extra service status under Division 32 of the Aged
Care Act 1997 ; or
(ii) is certified under Division 38 of that Act.
(3) If:
(a) immediately before the commencement day, a Commonwealth benefit was
payable to the proprietor; and
(b) on or after the commencement day, a distinct part of the residential
care service that corresponds to the eligible premises is granted
extra service status under Division 32 of the Aged Care Act 1997 ;
the amount of the Commonwealth benefit that would, apart from this
section, be payable to the proprietor is to be reduced in accordance
with subsection (4).
(4) The amount of the Commonwealth benefit is to be reduced by an amount
worked out using the formula:
Amount of the x Number of places in the distinct part
Commonwealth benefit Total number of places in the service
Example: Assume the amount of the Commonwealth benefit is $10,000 per month,
and that the distinct part of the residential care service that is granted
extra service status contains 20 places and the total number of places in the
service is 40. The amount of the Commonwealth benefit is to be reduced by:
20
$200,000 x = $100,000
40
(5) In this section: commencement day means the day on which the
Aged Care Act 1997 (other than Division 1 of that Act) commences. distinct
part has the same meaning as in the Aged Care Act 1997. residential care
service has the same meaning as in the Aged Care Act 1997 . 47
Subsections 57(1) and (2) Repeal the subsections. 48 Section 58 (definition of
AIP) After "granted", insert ", before the commencement of the Aged Care Act
1997 (other than Division 1 of that Act),". 49 Sections 58B, 58C and 58CA
Repeal the sections. 50 Subsection 58CE(2) After "subparagraph
58CA(2)(c)(ii)", insert ", as in force immediately before the commencement of
the Aged Care Act 1997 (other than Division 1 of that Act),". 51 At the end of
section 58CF Add:
(2) The Commonwealth benefit ceases to be payable if:
(a) immediately before the commencement day, a Commonwealth benefit was
payable to the proprietor; and
(b) on or after the commencement day, the residential care service that
corresponds to the eligible nursing home:
(i) is granted extra service status under Division 32 of the Aged
Care Act 1997 ; or
(ii) is certified under Division 38 of that Act.
(3) If:
(a) immediately before the commencement day, a Commonwealth benefit was
payable to the proprietor; and
(b) on or after the commencement day, a distinct part of the residential
care service that corresponds to the eligible nursing home is granted
extra service status under Division 32 of the Aged Care Act 1997 ;
the amount of the Commonwealth benefit that would, apart from this
section, be payable to the proprietor is to be reduced in accordance
with subsection (4).
(4) The amount of the Commonwealth benefit is to be reduced by an amount
worked out using the formula:
Amount of the x Number of places in teh distinct part
Commonwealth benefit Total number of places in the service
Example: Assume the amount of the Commonwealth benefit is $10,000 per month,
and that the distinct part of the residential care service that is granted
extra service status contains 20 places and the total number of places in the
service is 40. The amount of the Commonwealth benefit is to be reduced by:
20
$10,000 x = $5,000 per month
40
(5) In this section: commencement day means the day on which the
Aged Care Act 1997 (other than Division 1 of that Act) commences. distinct
part has the same meaning as in the Aged Care Act 1997. residential care
service has the same meaning as in the Aged Care Act 1997 . 52 Subsections
58CG(1) and (2) Repeal the subsections. 53 Paragraph 58E(3)(a) Omit "an
approved nursing home", substitute "a Government nursing home". 54 Section 60A
Repeal the section. 55 After subsection 64(2) Insert:
(2A) This Part does not apply if the contract of sale of an approved nursing
home was entered into:
(a) if the Secretary has determined a notional scale of fees in relation
to the final accounting period in respect of the homeĐafter the
Secretary has determined notional scale of fees in relation to:
(i) that final accounting period; and
(ii) each accounting period if any, in respect of the home,
occurring before that final accounting period;
and after any overpayments outstanding in respect of the nursing home have
been paid to or recovered by the Commonwealth, or deducted from amounts
payable or to be paid under Part VA; or
(b) in any other caseĐafter the end of the period of 3 years during which
the Secretary could determine a notional scale of fees in relation to
the final accounting period in respect of the home.
(2B) In subsection (2A): accounting period has the meaning given in Part VA.
final accounting period means the last accounting period, in relation to the
home, that ended before the commencement of the Aged Care Act 1997 (other
than Division 1 of that Act). notional scale of fees means a notional scale of
fees determined in respect of the home under section 46D. 56 Subsection 65(1)
Insert: investigation period means the first investigation period, or the
second investigation period, in relation to an approved nursing home that is
being sold. 57 Subsection 65C(1) Omit "If", substitute "Subject to section
65GAA, if". 58 Subsection 65F(1) Omit "If", substitute "Subject to section
65GAA, if". 59 Subsection 65G(3) Omit "The Secretary", substitute "Subject to
section 65GAA, the Secretary". 60 After section 65G Insert: 65GAA Effect on
investigation periods of commencement of the Aged Care Act 1997
(1) If, apart from this section, an investigation period would end after the
commencement of the Aged Care Act 1997 (other than Division 1 of that Act),
the investigation period is taken, for the purposes of this Part, to end
immediately before that commencement.
(2) The Secretary must not order an investigation to be carried out in respect
of an approved nursing home in respect of a period that begins on or after the
commencement of the Aged Care Act 1997 (other than Division 1 of that Act).
(3) If, on or after the day on which the Aged Care Act 1997 (other than
Division 1 of that Act) commences, the Secretary under subsection 65C(1),
orders an investigation to be carried out:
(a) paragraph 65C(1)(c) applies in relation to such an investigation as if
the reference to the 30 June last past were a reference to 30 June
1996; and
(b) paragraph 65C(1)(d) applies in relation to such an investigation as if
the reference to the 1 July last past were a reference to 1 July 1996.
61 At the end of section 105AAB Add:
(9) Without prejudice to the effect of the repeal of section 39AC, 39BA, 39BB,
40AD, 44A, 45E or 45EA, or subsection 40AA(8), on a decision of the Minister,
or a delegate of the Minister, of a kind referred to in subsection (1) of this
section, that repeal does not affect:
(a) a reconsideration of that decision under this section; or
(b) any review by the Administrative Appeals Tribunal following an
application under subsection (7) of this section. 62 Schedules 2 and 3
Repeal the Schedules.
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