SOCIAL SERVICES AND OTHER LEGISLATION AMENDMENT (SENIORS HEALTH CARD AND OTHER MEASURES) ACT 2014 (NO. 98, 2014)

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SOCIAL SERVICES AND OTHER LEGISLATION AMENDMENT (SENIORS HEALTH CARD AND OTHER MEASURES) ACT 2014 (NO. 98, 2014) - SCHEDULE 4

Aged care amendments

Part 1 -- Main amendments

Aged Care Act 1997

1 Subsection 44-24(12) (note)

Repeal the note.

2 Subsection 85-4(2)

Repeal the subsection.

3 Subsection 85-5(2)

Repeal the subsection.

4 Sections 85-6 and 85-7

Repeal the sections.

5 Section 86-4

Omit "powers under Part 2.3 have been delegated under subsection 96-2(5), or a person making assessments under section 22-4, may make a record of, disclose or otherwise use * protected information, relating to a person and acquired in the course of exercising those powers", substitute "powers or functions under Part 2.3 have been delegated under subsection 96-2(14), or a person making assessments under section 22-4, may make a record of, disclose or otherwise use * protected information, relating to a person and acquired in the course of exercising those powers or performing those functions".

6 Section 86-7

Omit "or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997 )", substitute ", a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997 ), the * Chief Executive Medicare or a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 )".

7 Section 96-2

Repeal the section, substitute:

96-2 Delegation of Secretary's powers and functions

Officer of the Department

(1) The Secretary may, in writing, delegate to an officer of the Department all or any of the powers and functions of the Secretary under this Act, the regulations or any Principles made under section 96-1.

Aged Care Commissioner

(2) The Secretary may, in writing, delegate to the * Aged Care Commissioner all or any of the powers and functions of the Secretary under this Act, the regulations or any Principles made under section 96-1.

Aged Care Pricing Commissioner

(3) The Secretary may, in writing, delegate to the * Aged Care Pricing Commissioner the powers and functions of the Secretary that the Secretary considers necessary for the Aged Care Pricing Commissioner to perform the Aged Care Pricing Commissioner's functions under this Act.

Chief Executive Centrelink

(4) The Secretary may, in writing, delegate to the * Chief Executive Centrelink:

(a) the Secretary's powers and functions under section 44-24 relating to making a determination for the purposes of working out a care recipient's * total assessable income; or

(b) the Secretary's powers and functions under section 44-26C; or

(i) a determination under section 44-24 for the purposes of working out a care recipient's total assessable income;

(ii) a decision under section 44-26C.

(5) If, under subsection (4), the Secretary delegates a power or function to the * Chief Executive Centrelink, the Chief Executive Centrelink may, in writing, sub-delegate the power or function to a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997 ).

Chief Executive Medicare

(6) The Secretary may, in writing, delegate to the * Chief Executive Medicare:

(a) the Secretary's powers and functions under section 44-24 relating to making a determination for the purposes of working out a care recipient's * total assessable income; or

(b) the Secretary's powers and functions under section 44-26C; or

(i) a determination under section 44-24 for the purposes of working out a care recipient's total assessable income;

(ii) a decision under section 44-26C.

(7) If, under subsection (6), the Secretary delegates a power or function to the * Chief Executive Medicare, the Chief Executive Medicare may, in writing, sub-delegate the power or function to a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 ).

Veterans' Affairs Secretary

(8) The Secretary may, in writing, delegate to the Secretary of the Department administered by the Minister who administers the Veterans' Entitlements Act 1986 :

(a) the Secretary's powers and functions under section 44-26C; or

(b) the Secretary's powers and functions under section 85-4 or 85-5 relating to reconsidering a decision under section 44-26C.

(9) If, under subsection (8), the Secretary delegates a power or function to the Secretary of the Department administered by the Minister who administers the Veterans' Entitlements Act 1986 , the Secretary of that Department may, in writing, sub-delegate the power or function to an APS employee in that Department.

Repatriation Commission

(10) The Secretary may, in writing, delegate to the * Repatriation Commission:

(a) the Secretary's powers and functions under section 44-24 relating to making a determination for the purposes of working out a care recipient's * total assessable income; or

(b) the Secretary's powers and functions under section 85-4 or 85-5 relating to reconsidering a determination under section 44-24 for the purposes of working out a care recipient's total assessable income.

(11) If, under subsection (10), the Secretary delegates a power or function to the * Repatriation Commission, the Repatriation Commission may, in writing, sub-delegate the power or function to any person to whom it may delegate powers under the Veterans' Entitlements Act 1986 under section 213 of that Act.

Social Services Secretary

(12) The Secretary may, in writing, delegate to the Secretary of the Department administered by the Minister who administers the Data-matching Program (Assistance and Tax) Act 1990 :

(a) the Secretary's powers and functions under section 44-24 relating to making a determination for the purposes of working out a care recipient's * total assessable income; or

(13) If, under subsection (12), the Secretary delegates a power or function to the Secretary of the Department administered by the Minister who administers the Data-matching Program (Assistance and Tax) Act 1990 , the Secretary of that Department may, in writing, sub-delegate the power or function to an APS employee in that Department.

Person making an assessment for the purposes of section 22-4

(14) The Secretary may, in writing, delegate to a person making an assessment for the purposes of section 22-4:

(a) all or any of the Secretary's powers and functions under Part 2.3; and

(b) all or any of the Secretary's powers and functions under the Subsidy Principles that relate to respite supplement.

CEO of the Quality Agency

(15) The Secretary may, in writing, delegate to the * CEO of the Quality Agency the powers and functions of the Secretary that the Secretary considers necessary for the CEO to perform the CEO's functions under the Australian Aged Care Quality Agency Act 2013 .

Sub-delegation

(16) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to a sub-delegation in a corresponding way to the way in which they apply to a delegation.

8 Application provisions

(1) The amendments made by items 2, 3 and 4 apply in relation to determinations made under section 44-24 of the Aged Care Act 1997 on or after the commencement of those items.

(2) The amendment made by item 6 applies in relation to protected information acquired on or after the commencement of that item.

Aged Care (Transitional Provisions) Act 1997

9 Subsection 44-24(12) (note)

Repeal the note.

10 Subsection 85-4(2)

Repeal the subsection.

11 Subsection 85-5(2)

Repeal the subsection.

12 Sections 85-6 and 85-7

Repeal the sections.

13 Section 96-2

Repeal the section, substitute:

96-2 Delegation of Secretary's powers and functions

Officer of the Department

Chief Executive Centrelink

(2) The Secretary may, in writing, delegate to the * Chief Executive Centrelink:

(a) the Secretary's powers and functions under section 44-8AA or 44-8AB; or

(b) the Secretary's powers and functions under section 44-24 relating to making a determination for the purposes of working out a care recipient's * total assessable income; or

(i) a decision under section 44-8AA or 44-8AB;

(ii) a determination under section 44-24 for the purposes of working out a care recipient's total assessable income.

(3) If, under subsection (2), the Secretary delegates a power or function to the * Chief Executive Centrelink, the Chief Executive Centrelink may, in writing, sub-delegate the power or function to a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997 ).

Chief Executive Medicare

(4) The Secretary may, in writing, delegate to the * Chief Executive Medicare:

(a) the Secretary's powers and functions under section 44-8AA or 44-8AB; or

(b) the Secretary's powers and functions under section 44-24 relating to making a determination for the purposes of working out a care recipient's * total assessable income; or

(i) a decision under section 44-8AA or 44-8AB;

(ii) a determination under section 44-24 for the purposes of working out a care recipient's total assessable income.

(5) If, under subsection (4), the Secretary delegates a power or function to the * Chief Executive Medicare, the Chief Executive Medicare may, in writing, sub-delegate the power or function to a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 ).

Veterans' Affairs Secretary

(6) The Secretary may, in writing, delegate to the Secretary of the Department administered by the Minister who administers the Veterans' Entitlements Act 1986 :

(a) the Secretary's powers and functions under section 44-8AA or 44-8AB; or

(b) the Secretary's powers and functions under section 85-4 or 85-5 relating to reconsidering a decision under section 44-8AA or 44-8AB.

(7) If, under subsection (6), the Secretary delegates a power or function to the Secretary of the Department administered by the Minister who administers the Veterans' Entitlements Act 1986 , the Secretary of that Department may, in writing, sub-delegate the power or function to an APS employee in that Department.

Repatriation Commission

(8) The Secretary may, in writing, delegate to the * Repatriation Commission:

(a) the Secretary's powers and functions under section 44-24 relating to making a determination for the purposes of working out a care recipient's * total assessable income; or

(9) If, under subsection (8), the Secretary delegates a power or function to the * Repatriation Commission, the Repatriation Commission may, in writing, sub-delegate the power or function to any person to whom it may delegate powers under the Veterans' Entitlements Act 1986 under section 213 of that Act.

Social Services Secretary

(10) The Secretary may, in writing, delegate to the Secretary of the Department administered by the Minister who administers the Data-matching Program (Assistance and Tax) Act 1990 :

(a) the Secretary's powers and functions under section 44-24 relating to making a determination for the purposes of working out a care recipient's * total assessable income; or

(11) If, under subsection (10), the Secretary delegates a power or function to the Secretary of the Department administered by the Minister who administers the Data-matching Program (Assistance and Tax) Act 1990 , the Secretary of that Department may, in writing, sub-delegate the power or function to an APS employee in that Department.

Sub-delegation

(12) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to a sub-delegation in a corresponding way to the way in which they apply to a delegation.

14 Application provision

The amendments made by items 10, 11 and 12 apply in relation to determinations made under section 44-24 of the Aged Care (Transitional Provisions) Act 1997 on or after the commencement of those items.

Health and Other Services (Compensation) Act 1995

15 Paragraph 42(1)(f)

After "Secretary", insert "of the Department administered by the Minister administering the Aged Care Act 1997 ".

Part 2 -- Contingent amendments

Social Security (Administration) Act 1999

16 Paragraph 126(1)(c)

Omit "or".

17 Paragraphs 126(1)(e) and (f)

Repeal the paragraphs.

18 Subsection 126(1)

Repeal the subsection, substitute:

(1) The Secretary may review, subject to subsection (2), a decision of an officer under the social security law if the Secretary is satisfied that there is sufficient reason to review the decision.

19 Paragraph 129(1)(c)

Omit "or".

20 Paragraphs 129(1)(e) and (f)

Repeal the paragraphs.

21 Subsection 129(1)

Repeal the subsection, substitute:

(1) Subject to subsections (3) and (4), a person affected by a decision of an officer under the social security law may apply to the Secretary for review of the decision.

22 Saving--validity of applications

The amendment made by item 21 does not affect the validity of an application that was made under subsection 129(1) of the Social Security (Administration) Act 1999 before the commencement of that item.

23 Paragraph 140(1)(b)

Omit "force; and", substitute "force.".

24 Paragraph 140(1)(d)

Omit " 1992 ; and", substitute " 1992 .".

25 Paragraphs 140(1)(f) and (g)

Repeal the paragraphs.

26 Paragraphs 178(1)(b) and (c)

Repeal the paragraphs.

27 Subsection 178(1)

Repeal the subsection, substitute:

(1) Unless a contrary intention appears, the provisions of this Division apply to all decisions of an officer under the social security law.

28 Saving provision--general

Despite the amendments made by this Part, paragraphs 126(1)(e) and (f), 129(1)(e) and (f), 140(1)(f) and (g) and 178(1)(b) and (c) of the Social Security (Administration) Act 1999 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a decision under section 44-24 of the Aged Care Act 1997 or the Aged Care (Transitional Provisions) Act 1997 that was made before that commencement.

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