Commonwealth Numbered Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 No. 114 of 1997 - SCHEDULE 5

Schedule 5ÐAmendment and repeal of other Acts
Aboriginal and Torres Strait Islander Commission Act 1989 1 At the end of
paragraph 200(6)(b) Add ", or a residential care service within the meaning of
the Aged  Care Act 1997 ". Aged Care Income Testing Act 1997 2 The whole of
the Act Repeal the Act. Freedom of Information Act 1982 3 Schedule 3 Insert in
the appropriate alphabetical position: Aged Care Act 1997, subsection 86- 2(1)
and sections 86- 5, 86- 6 and 86- 7.
Health and Other Services (Compensation) Act 1995 4 Subsection 3(1) (at the
end of the definition of eligible benefit) Add:
; or (c) a residential care subsidy. 5 Subsection 3(1) Insert: residential
care has the same meaning as in the Aged Care Act 1997. 6 Subsection 3(1)
Insert: residential care subsidy has the same meaning as in the Aged Care Act 
1997 . 7 Paragraph 4(2)(d) After "care", insert "or residential care". 8
Division 2 of Part 2 (heading) Repeal the heading, substitute: Division
2ÐNursing home benefit and residential care subsidy 9 Paragraph 9(1)(b) After
"care", insert "or residential care". Note: The heading to section 9 is
altered by adding at the end "or residential care". 10 After subsection 9(2)
Insert:

(2A) Despite Part 3.1 of the Aged Care Act 1997, residential care subsidy is
not payable in respect of residential care if, under the reimbursement
arrangement, the whole or any part of the amount payable for residential care
has already been reimbursed before a claim for residential care subsidy in
respect of the residential care has been submitted. 11 Paragraph 9(3)(a)
Repeal the paragraph, substitute:

   (a)  nursing home care or residential care has been provided to the person;
        and

   (aa) nursing home benefit or residential care subsidy has been paid in
        respect of the nursing home care or residential care; and 12 At the
        end of paragraph 9(3)(b) Add "or residential care". 13 At the end of
        subsection 9(3) Add "or residential care subsidy". 14 Paragraph
        10(1)(b) Repeal the paragraph, substitute:

   (b)  nursing home care or residential care has been provided to that person
        in the course of treatment of, or as a result of, the injury; and

   (ba) nursing home benefit or a residential care subsidy has already been
        paid in respect of that nursing home care or residential care; and
        Note: The heading to section 10 is altered by inserting "or
        residential care subsidy" after "benefit". 15 At the end of paragraph
        10(1)(c) Add "or residential care subsidy". 16 At the end of
        subsection 10(1) Add "or residential care subsidy". 17 Paragraph
        10(3)(a) Omit "nursing home". 18 Paragraph 10(3)(a) After "expenses",
        insert "or residential care expenses". 19 Paragraph 10(3)(b) Omit
        "nursing home". 20 Subsection 10(3) Omit "nursing home". 21 Paragraph
        17(1)(b) After "care", insert "or residential care". 22 Subparagraph
        21(7)(b)(ii) After "care", insert "or residential care". 23 Paragraph
        23(5)(b) After "care", insert "or residential care". 24 Paragraph
        23(7)(b) Omit "or nursing home care needs", substitute "needs, nursing
        home care needs or residential care needs". 25 Paragraph 23(7)(c) Omit
        "or nursing home care needs", substitute "needs, nursing home care
        needs or residential care needs". 26 Subparagraph 24(9)(b)(ii) After
        "care", insert "or residential care". 27 Subsection 33E(6) After
        "care", insert "or residential care". 28 At the end of
        subsection 42(1) Add:
; or (f) whether the Secretary should make a determination under subsection
44-16(5) of the Aged Care Act 1997. Home and Community Care Act 1985 29
Subclause 4(1) of the Schedule (definition of long term residential care) Omit
"hostel, hospital, nursing home or other institution", substitute "hospital or
other institution, or through a residential care service within the meaning of
the Aged Care Act 1997". Income Tax Assessment Act 1936 30 Subsection 24ABA(1)
(table) Omit:

"(aa) the amount included in the payment because residential care charge was
paid or payable to the taxpayer;" (wherever occurring). 31 Paragraph
24ACA(1)(aa) Repeal the paragraph. Student and Youth Assistance Act 1973 32
Paragraph 2(6)(c) of Schedule 1 Repeal the paragraph, substitute:

   (c)  being provided with residential care within the meaning of the
        Aged Care Act 1997 through an aged care service within the meaning of
        that Act conducted by an approved provider within the meaning of that
        Act and are likely to continue to be provided with that care for an
        indefinite period; or