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SEX DISCRIMINATION AMENDMENT (SEXUAL ORIENTATION, GENDER IDENTITY AND INTERSEX STATUS) REGULATION 2013 (SLI NO 197 OF 2013) - SCHEDULE 1

Amendments

   

Sex Discrimination Regulations 1984

1  Regulation 4

Repeal the regulation, substitute:

4   Care or services that are Commonwealth-funded aged care

             (1)  This regulation sets out classes of care or services prescribed for the purposes of paragraph (c) of the definition of Commonwealth-funded aged care in subsection 4(1) of the Act.

             (2)  Care or services in relation to which the Commonwealth has made, or is to make, payments for the purposes of a program referred to in any of the following table items in Part 4 of Schedule 1AA to the Financial Management and Accountability Regulations 1997 are prescribed:

                     (a)  table item 415.016 (access and information);

                     (b)  table item 415.017 (home support);

                     (c)  table item 415.018 (residential and flexible care);

                     (d)  table item 415.019 (workforce and quality);

                     (e)  table item 415.020 (ageing and service improvement).

             (3)  Aged care or services (or similar care or services) that are provided under any of the following instruments, and in relation to which the Commonwealth has made, or is to make, payments to the provider of the care or services, are prescribed:

                     (a)  the Treatment Principles made under section 90 of the Veterans' Entitlements Act 1986 ;

                     (b)  those Treatment Principles as modified by the Treatment Principles (Australian Participants in British Nuclear Tests) 2006 made under section 16 of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 ;

                     (c)  the MRCA Treatment Principles made under section 286 of the Military Rehabilitation and Compensation Act 2004 .

             (4)  Aged care or services (or similar care or services) that are provided under an arrangement made under Part V of the Veterans' Entitlements Act 1986 , and in relation to which the Commonwealth has made, or is to make, payments to the provider of the care or services, are prescribed.

5   Exemption for things done in direct compliance with prescribed laws

             (1)  For subsection 40(2B) of the Act, all laws of the Commonwealth, the States and the Territories, as in force on 1 August 2013, are prescribed.

Note:          Subsection 40(2B) provides for an exemption from Divisions 1 and 2 of Part II (prohibition of discrimination) of the Act as applying by reference to section 5A (sexual orientation), 5B (gender identity) or 5C (intersex status) of the Act. The exemption applies to things done in direct compliance with a prescribed law of the Commonwealth, a State or a Territory.

             (2)  This regulation ceases to have effect at the end of 31 July 2014 as if it had been repealed by another regulation.

2  Schedule

Repeal the Schedule.



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