Aged Care (Conditions for Residential Care Allocations) Determination 2014 [F2014L00433]-Concluded matters [2014] AUSStaCSDLM 147 (16 July 2014)

• Aged Care (Conditions for Residential Care Allocations) Determination 2014 [F2014L00433]

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Aged Care (Conditions for Residential Care Allocations) Determination 2014 [F2014L00433]

Purpose	Removes the distinction between high care and low care residential aged care places from 1 July 2014
Last day to disallow	15 July 2014
Authorising legislation	Aged Care Act 1997
Department	Social Services

Issue:

Insufficient description regarding consultation

Section 17 of the Legislative Instruments Act 2003 directs a rule-maker to be satisfied that appropriate consultation, as is reasonably practicable, has been undertaken in relation to a proposed instrument, particularly where that instrument is likely to have an effect on business. Section 18, however, provides that in some circumstances such consultation may be unnecessary or inappropriate. The ES which must accompany an instrument is required to describe the nature of any consultation that has been carried out or, if there has been no consultation, to explain why none was undertaken (section 26). With reference to these requirements, the committee notes that the ES for the instrument states:

The Department has consulted on this change as part of the aged care reforms.

While the committee does not usually interpret section 26 as requiring a highly detailed description of consultation undertaken, its usual approach is to consider an overly bare or general description, such as in this case, as not being sufficient to satisfy the requirements of the Legislative Instruments Act 2003 [the committee requested further information from the minister; and requested that the ES be updated in accordance with the requirements of the Legislative Instruments Act 2003].

MINISTER'S RESPONSE:

The Minister for Social Services advised that he had reviewed and updated the ES to include the additional information requested by the committee:

This change is consequential to the removal of the distinction between low and high level residential care as part of the changes to the Aged Care Act 1997 that commence on 1 July 2014.
In April 2012, the former Government launched a major program of aged care reforms. The reform agenda was developed in close consultation with the aged care sector, including consumers, industry and professional bodies.
As part of the consultation on the proposed changes to the Act, and to delegated legislation, arising from the reforms, the former Government communicated its intention to examine the delegated legislation and, where possible, simplify the delegated legislation.
This intent was communicated in November 2012, with the public release of a paper providing an overview of the proposed legislative changes. A video presentation detailing the proposed reforms was also made available online to assist members of the public to understand these changes.
During late 2012 and in the first half of 2013, briefing sessions were held across Australia to provide information and to explain, in detail, the proposed legislative changes included in the package of Bills introduced into Parliament on 13 March 2013. As part of these consultations, the intention to make related changes to delegated legislation was again discussed. For those interested members of the public unable to attend the briefings, the presentation, supporting handouts, a detailed Question and Answer document and an information video were made available online.

COMMITTEE RESPONSE:

The committee thanks the minister for his response and has concluded its interest in the matter.