2008 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 (Health and Ageing) A Bill for an Act to amend the law in relation to aged care, and for related purposes [Page Break] 1 Short title ............................................................................................ 1 2 Commencement .................................................................................. 1 3 Schedule(s) ......................................................................................... 1 Schedule 1--Amendme nts 3 Part 1--Amendments 3 Aged Care Act 1997 3 Aged Care (Bond Security) Act 2006 38 Part 2--Application and transitional provisions 48 i Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] 2 aged care, and for related purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Aged Care Amendment (2008 6 Measures No. 2) Act 2008. 7 2 Commence ment 8 This Act commences on 1 January 2009. 9 3 Schedule(s) 10 Each Act that is specified in a Schedule to this Act is amended or 11 repealed as set out in the applicable items in the Schedule Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 1 [Page Break] 2 according to its terms. 3 2 Aged Care Amendment (2008 M easures No. 2) Bill 2008 No. , 2008 [Page Break] Amend ments Part 1 1 2 Schedule 1--Amendments 3 Part 1--Amendments 4 Aged Care Act 1997 5 1 Section 7-1 6 Repeal the section, substitute: 7 7-1 Pre-conditions to receiving subsidy 8 Payments of subsidy cannot be made under Chapter 3 to a person 9 for providing * aged care unless: 10 (a) the person is approved under this Part as a provider of aged 11 care; and 12 (b) the approval is in force in respect of the type of aged care 13 provided, at the time it is provided; and 14 (c) the approval is in force in respect of the * aged care service 15 through which the aged care is provided, at the time it is 16 provided. 17 2 Subsections 8-1(2) and (3) 18 Repeal the subsections, substitute: 19 (2) The approval is in respect of: 20 (a) either: 21 (i) all types of * aged care; or 22 (ii) if the approval is specified to be in respect of one or 23 more types of aged care--that type or those types of 24 aged care; and 25 (b) each *aged care service in respect of which: 26 (i) an allocation of a * place to the person in respect of the 27 aged care service is in effect (whether because the place 28 was originally allocated to the person or because of a 29 transfer); or 30 (ii) a * provisional allocation of a place to the person in 31 respect of the aged care service is in force (whether 32 because the place was originally allocated to the person Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 3 [Page Break] Part 1 A mend ments 1 but the allocation has not yet taken effect or because of 2 a transfer). 3 (3) The approval in respect of an *aged care service begins to be in 4 force on the first day on which: 5 (a) an allocation of a * place to the person in respect of the aged 6 care service takes effect; or 7 (b) a * provisional allocation of a place to the person in respect of 8 the aged care service begins to be in force; or 9 (c) a transfer day occurs for the transfer under Division 16 of a 10 place to the person for the provision of * aged care through 11 the aged care service. 12 (4) However, the approval does not come into force in respect of any 13 * aged care service through which the person provides *aged care 14 unless one of those events occurs in respect of one of the aged care 15 services through which the person provides aged care within a 16 period of 2 years, or such longer period as is specified in the 17 Approved Provider Principles, beginning on the day on which the 18 instrument of approval is made. 19 (5) The approval is not subject to any limitation relating to when it 20 ceases to be in force, unless the instrument of approval specifies 21 otherwise. 22 3 After paragraph 8-3(1)(g) 23 Insert: 24 (ga) if the applicant has relevant key personnel in common with a 25 person who is or has been an approved provider: 26 (i) the person's record of meeting relevant standards for the 27 provision of aged care (see Part 4.1); and 28 (ii) the person's record of commitment to the rights of the 29 recipients of aged care; and 30 (iii) the person's record of financial management, and the 31 methods that the person uses or used in order to ensure 32 sound financial management; and 33 (iv) the person's record of financial management relating to 34 the provision of aged care; and 35 (v) the conduct of the person as a provider of aged care, and 36 its compliance with its responsibilities as such a 37 provider and its obligations arising from the receipt of 4 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] Amend ments Part 1 1 any payments from the Commonwealth for providing 2 that aged care; and 3 4 Subsections 8-3(3) and (4) 4 Repeal the subsections. 5 5 Subsection 8-3(6) 6 Omit "and (g)", substitute ", (g) and (ga)". 7 6 After subsection 8-3(6) 8 Insert: 9 (6A) For the purposes of paragraph (1)(ga), the applicant has relevant 10 key personnel in common with a person who is or has been an 11 approved provider if: 12 (a) at the time the person provided * aged care as an approved 13 provider, another person was one of its * key personnel; and 14 (b) that other person is one of the key personnel of the applicant. 15 7 After section 8-3 16 Insert: 17 8-3A Meaning of key personnel 18 (1) For the purposes of this Act, each of the following is one of the key 19 personnel of an entity at a particular time: 20 (a) a member of the group of persons who is responsible for the 21 executive decisions of the entity at that time; 22 (b) any other person who has authority or responsibility for (or 23 significant influence over) planning, directing or controlling 24 the activities of the entity at that time; 25 (c) if, at that time, the entity conducts an * aged care service: 26 (i) any person who is responsible for the nursing services 27 provided by the service; and 28 (ii) any person who is responsible for the day-to-day 29 operations of the service; 30 whether or not the person is employed by the entity; 31 (d) if, at that time, the entity proposes to conduct an aged care 32 service: Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 5 [Page Break] Part 1 A mend ments 1 (i) any person who is likely to be responsible for the 2 nursing services to be provided by the service; and 3 (ii) any person who is likely to be responsible for the 4 day-to-day operations of the service; 5 whether or not the person is employed by the entity. 6 (2) Without limiting paragraph (1)(a), a reference in that paragraph to 7 a person who is responsible for the executive decisions of an entity 8 includes: 9 (a) where the entity is a body corporate that is incorporated, or 10 taken to be incorporated, under the Corporations Act 2001-- 11 a director of the body corporate for the purposes of that Act; 12 and 13 (b) in any other case--a member of the entity's governing body. 14 (3) A person referred to in subparagraph (1)(c)(i) or (1)(d)(i) must hold 15 a recognised qualification in nursing. 16 8 Paragraph 8-5(2)(b) 17 Repeal the paragraph, substitute: 18 (b) the types of * aged care in respect of which the approval is 19 given; 20 9 Paragraph 8-5(2)(d) 21 Repeal the paragraph, substitute: 22 (d) a statement that the approval is in respect of those *aged care 23 services in respect of which: 24 (i) an allocation of a * place to the person in respect of the 25 aged care service is in effect (whether because the place 26 was originally allocated to the person or because of a 27 transfer); or 28 (ii) a * provisional allocation of a place to the person in 29 respect of the aged care service is in force (whether 30 because the place was originally allocated to the person 31 but the allocation has not yet taken effect or because of 32 a transfer); 33 (da) a statement that the approval will not come into force unless 34 one of the following occurs within a period of 2 years, or 35 such longer period as is specified in the Approved Provider 6 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] Amend ments Part 1 1 Principles, beginning on the day on which the instrument of 2 approval is made: 3 (i) an allocation of a place to the person in respect of an 4 aged care service takes effect; or 5 (ii) a provisional allocation of a place to the person in 6 respect of an aged care service begins to be in force; or 7 (iii) a transfer day occurs for the transfer under Division 16 8 of a place to the person for the provision of aged care 9 through an aged care service; 10 (db) if the approval specifies that it will cease to be in force on a 11 particular day--the day on which it will cease to be in force; 12 10 Paragraph 8-5(2)(f) 13 Omit "sections 10-3, 10-4", substitute "section 10-3". 14 11 At the end of section 8-5 15 Add: 16 (3) If the applicant is approved as a provider of *aged care, the 17 Secretary may, by written notice given to the applicant at the time 18 the applicant is notified of the approval under subsection (1), 19 specify any circumstance that the Secretary is satisfied materially 20 affects the applicant's suitability to provide aged care. 21 (4) The notice may specify the steps to be taken by the applicant to 22 notify the Secretary and obtain his or her agreement before there is 23 any change to that circumstance. 24 (5) A notice given to the applicant under subsection (3) is not a 25 legislative instrument. 26 12 Paragraph 8-6(2)(b) 27 Omit "or 10-4". 28 13 Paragraph 8-6(3)(b) 29 Repeal the paragraph, substitute: 30 (b) if the applicant is a State or Territory--paragraphs 8-3A(a) 31 and (b) do not apply. 32 14 Subsections 9-1(2) and (3) 33 Repeal the subsections, substitute: Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 7 [Page Break] Part 1 A mend ments 1 (2) The notification must be in the form approved by the Secretary. 2 (3) Despite paragraph (1)(b), an approved provider is not obliged to 3 notify the Secretary of a change to the approved provider's * key 4 personnel if: 5 (a) the approved provider is a State or Territory; and 6 (b) the change relates to: 7 (i) a member of a group of persons who is responsible for 8 the executive decisions of the approved provider; or 9 (ii) any other person who has authority or responsibility for 10 (or significant influence over) planning, directing or 11 controlling the activities of the approved provider. 12 15 After subsection 9-1(3A) 13 Insert: 14 (3B) If: 15 (a) a person has been approved under section 8-1 as a provider of 16 * aged care; and 17 (b) the approval has not yet begun to be in force because: 18 (i) no allocation of a * place to the person in respect of the 19 * aged care service or services through which it provides 20 aged care is in effect; and 21 (ii) no * provisional allocation of a place to the person in 22 respect of the aged care service or services through 23 which it provides, or proposes to provide, aged care is in 24 force; and 25 (iii) the transfer day has not occurred for any transfer under 26 Division 16 of a place to the person for the provision of 27 aged care through the aged care service or services 28 through which it provides, or proposes to provide, aged 29 care; 30 this section has effect in respect of the person in the same way as it 31 has effect in respect of an approved provider. 32 16 After subsection 9-2(2) 33 Insert: 34 (2A) If: 8 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] Amend ments Part 1 1 (a) a person has been approved under section 8-1 as a provider of 2 * aged care; and 3 (b) the approval has not yet begun to be in force because: 4 (i) no allocation of a * place to the person in respect of the 5 * aged care service or services through which it provides 6 aged care is in effect; and 7 (ii) no * provisional allocation of a place to the person in 8 respect of the aged care service or services through 9 which it provides, or proposes to provide, aged care is in 10 force; and 11 (iii) the transfer day has not occurred for any transfer under 12 Division 16 of a place to the person for the provision of 13 aged care through the aged care service or services 14 through which it provides, or proposes to provide, aged 15 care; 16 this section has effect in respect of the person in the same way as it 17 has effect in respect of an approved provider. 18 17 Subsection 9-3A(1) 19 Omit "request an approved provider", substitute "request a person who 20 is or has been an approved provider". 21 18 Subsection 9-3A(1) 22 Omit "the approved provider" (wherever occurring), substitute "the 23 person". 24 19 After paragraph 9-3A(1)(f) 25 Insert: 26 ; (g) * unregulated lump sums paid to the person; 27 (h) the amount of one or more * unregulated lump sum balances 28 at a particular time. 29 20 Subsection 9-3A(2) 30 Omit "The approved provider", substitute "The person". 31 21 Subsection 9-3A(3) 32 Repeal the subsection, substitute: 33 (3) A person commits an offence if: Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 9 [Page Break] Part 1 A mend ments 1 (a) the Secretary requests the person to give information under 2 subsection (1); and 3 (b) the person is required under subsection (2) to comply with 4 the request within a period; and 5 (c) the person fails to comply with the request within the period; 6 and 7 (d) the person is a * corporation. 8 Penalty: 30 penalty units. 9 22 Paragraph 10-1(1)(b) 10 Omit "or 10-4". 11 23 Paragraph 10-1(1)(c) 12 Omit "subsection 8-1(3)", substitute "subsection 8-1(5)". 13 24 Section 10-2 14 Repeal the section, substitute: 15 10-2 Approval lapses if no allocated places 16 The approval of a person as a provider of * aged care that is in force 17 lapses if: 18 (a) no allocation of a * place to the provider in respect of any 19 * aged care service through which it provides aged care is in 20 effect; and 21 (b) no * provisional allocation of a place to the provider in respect 22 of any aged care service through which it provides, or 23 proposes to provide, aged care is in force; and 24 (c) the transfer day has not occurred for any transfer under 25 Division 16 of a place to the person for the provision of aged 26 care through the aged care service or services through which 27 it provides, or proposes to provide, aged care. 28 25 Subsection 10-3(1) 29 Repeal the subsection, substitute: 30 (1) The Secretary must revoke an approval of a person as a provider of 31 * aged care under section 8-1 if the Secretary is satisfied that: 32 (a) the person has ceased to be a * corporation; or 10 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] Amend ments Part 1 1 (b) the person has ceased to be suitable for approval (see 2 section 8-3); or 3 (c) the person's application for approval contained information 4 that was false or misleading in a material particular. 5 Note 1: Revocation of approvals are reviewable under Part 6.1. 6 Note 2: Approvals may also be revoked as a sanction under Part 4.4. 7 26 Subsections 10-3(3), (5), (6), (7) and (7B) 8 Omit "the approved provider" (wherever occurring), substitute "the 9 person". 10 27 Section 10-4 11 Repeal the section. 12 28 After paragraph 13-1(c) 13 Insert: 14 (ca) it is accompanied by the statements and other information 15 required by that form; and 16 29 Subsection 14-1(1) 17 Omit ", but only if the person is an approved provider". 18 30 Subsection 14-1(2) 19 Repeal the subsection, substitute: 20 (2) The * places may only be allocated to a person who: 21 (a) is approved under section 8-1 to provide the *aged care in 22 respect of which the places are allocated; or 23 (b) will be approved to provide aged care in respect of which the 24 places are allocated once the allocation takes effect or, in the 25 case of a * provisional allocation, begins to be in force. 26 (2A) The * places must not be allocated to the person if a sanction 27 imposed under Part 4.4 is in force prohibiting allocation of places 28 to the person. 29 31 Subsection 14-1(4) 30 Omit "an approved provider", substitute "a person". 31 32 Paragraph 14-1(4)(a) Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 11 [Page Break] Part 1 A mend ments 1 Omit "the approved provider", substitute "the person". 2 33 After paragraph 14-2(1)(d) 3 Insert: 4 (da) if the applicant has relevant * key personnel in common with a 5 person who is or has been an approved provider--the 6 conduct of that person as a provider of aged care, and its 7 compliance with its responsibilities as such a provider and its 8 obligations arising from the receipt of any payments from the 9 Commonwealth for providing that aged care; and 10 34 Subsection 14-2(2) 11 Omit "paragraph (1)(d)", substitute "paragraphs (1)(d) and (da)". 12 35 At the end of section 14-2 13 Add: 14 (3) For the purposes of paragraph (1)(da), the applicant has relevant 15 key personnel in common with a person who is or has been an 16 approved provider if: 17 (a) at the time the person provided * aged care, another person 18 was one of its * key personnel; and 19 (b) that other person is one of the key personnel of the applicant. 20 36 Subsection 14-4(1) 21 Omit "each approved provider", substitute "each person". 22 37 Paragraph 14-4(1)(a) 23 Omit "approved providers", substitute "persons". 24 38 Paragraph 14-4(2)(a) 25 Omit "each approved provider", substitute "each person". 26 39 Paragraph 14-4(3)(a) 27 Omit "each approved provider", substitute "each person". 28 40 Subsection 14-5(1) 29 Omit "an approved provider", substitute "a person". 12 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] Amend ments Part 1 1 41 Paragraph 14-5(4)(c) 2 Omit "approved provider", substitute "person". 3 42 After paragraph 14-5(4)(d) 4 Insert: 5 ; (e) the treatment of any * pre-allocation lump sum, or part of such 6 a sum, paid or payable to the person to whom the place is 7 allocated (the pre-allocation lump sum holder) by a care 8 recipient, including: 9 (i) the refund of the sum or part of the sum, with the 10 consent of the care recipient; or 11 (ii) the forgiveness of any obligation (including a 12 contingent obligation) in relation to the sum or part of 13 the sum, with the consent of the care recipient; 14 (f) the conditions and entry into force of any accommodation 15 bond agreement entered into as a consequence of the refund 16 of a pre-allocation lump sum or part of such a sum, or the 17 forgiveness of an obligation (including a contingent 18 obligation) in relation to a pre-allocation lump sum or part of 19 such a sum. 20 43 At the end of section 14-5 21 Add: 22 (5) If: 23 (a) a condition imposed on an allocation of * places to a person 24 requires: 25 (i) the refund by the person to a care recipient, with the 26 consent of the care recipient, of a * pre-allocation lump 27 sum or part of such a sum; or 28 (ii) the forgiveness by the person of an obligation (including 29 a contingent obligation) by a care recipient, with the 30 consent of the care recipient, in relation to a 31 pre-allocation lump sum or part of such a sum; and 32 (b) the care recipient continues, on the day on which the 33 allocation was made, to be provided with * aged care through 34 the residential care service in relation to entry to which the 35 pre-allocation lump sum was paid or became payable; 36 then the care recipient and the pre-allocation lump sum holder have 37 the same rights, duties and obligations in relation to the charging of Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 13 [Page Break] Part 1 A mend ments 1 an *accommodation bond or an * accommodation charge as the care 2 recipient and the pre-allocation lump sum holder would have under 3 this Act if: 4 (c) the care recipient had * entered the residential care service or 5 flexible care service on the day on which the allocation was 6 made; and 7 (d) the pre-allocation lump sum were an accommodation bond 8 paid in respect of aged care provided through another 9 residential care service or flexible care service. 10 (6) A pre-allocation lump sum is an amount paid or payable to a 11 person (the pre-allocation lump sum holder) by a care recipient in 12 the following circumstances: 13 (a) the amount does not accrue daily; 14 (b) the amount is for the care recipient's * entry to a residential 15 care service or flexible care service conducted by the 16 pre-allocation lump sum holder; 17 (c) the amount is not an * accommodation bond, an * entry 18 contribution or an * unregulated lump sum. 19 44 Subsection 14-6(1) 20 Omit "an approved provider", substitute "a person". 21 45 Subsection 14-9(1) 22 Omit "an approved provider", substitute "a person". 23 46 Subsection 15-1(1) 24 Omit "an approved provider", substitute "a person". 25 47 Subsection 15-1(1) 26 Omit "the approved provider", substitute "the person". 27 48 Section 15-3 28 Omit "approved provider" (wherever occurring), substitute "person". 29 49 Subsections 15-4(3), (5), (6) and (8) 30 Omit "approved provider" (wherever occurring), substitute "person". 31 50 Subsections 15-5(1), (4) and (6) 14 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] Amend ments Part 1 1 Omit "approved provider", substitute "person". 2 Note: The heading to section 15-5 is altered by omitting "of approved provider". 3 51 Sections 15-6 and 15-7 4 Omit "approved provider" (wherever occurring), substitute "person". 5 52 Before section 16-1 6 Insert: 7 Subdivision 16-A--Transfer of places other than provisionally 8 allocated places 9 16-1A Application of this Subdivision 10 This Subdivision applies to the transfer of an allocated * place, 11 other than a * provisionally allocated place. 12 53 Subsection 16-1(1) 13 Omit "an allocated * place", substitute "a * place to which this 14 Subdivision applies". 15 54 Subsection 16-1(2) 16 After "a * place", insert "to which this Subdivision applies". 17 55 Paragraph 16-1(2)(a) 18 Repeal the paragraph. 19 56 Paragraph 16-1(2)(d) 20 After "completed", insert "in respect of the * aged care service to which 21 the places will relate after transfer". 22 57 Paragraph 16-1(3)(a) 23 Omit "Division", substitute "Subdivision". 24 58 Subsection 16-2(1) 25 After "a * place", insert "to the transfer of which this Subdivision 26 applies". 27 59 Paragraph 16-2(4)(a) Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 15 [Page Break] Part 1 A mend ments 1 Omit "is an approved provider", substitute "has been approved under 2 section 8-1 as a provider of * aged care (even if the approval has not yet 3 begun to be in force)". 4 60 Paragraph 16-2(4)(b) 5 Omit "is not an approved provider", substitute "has not been approved 6 under section 8-1 as a provider of aged care". 7 61 At the end of subsection 16-2(7) 8 Add "The notice is not a legislative instrument.". 9 62 Section 16-4 10 Before "In deciding whether", insert "(1)". 11 63 After paragraph 16-4(e) 12 Insert: 13 (ea) if the transferee has been a provider of aged care--its 14 conduct as such a provider, and its compliance with its 15 responsibilities as such a provider and its obligations arising 16 from the receipt of any payments from the Commonwealth 17 for providing that aged care; 18 (eb) if the transferee has relevant * key personnel in common with 19 a person who is or has been an approved provider--the 20 conduct of that person as a provider of aged care, and its 21 compliance with its responsibilities as such a provider and its 22 obligations arising from the receipt of any payments from the 23 Commonwealth for providing that aged care; 24 64 At the end of section 16-4 25 Add: 26 (2) The reference in paragraphs (1)(ea) and (eb) to aged care includes a 27 reference to any care for the aged, whether provided before or after 28 the commencement of this subsection, in respect of which any 29 payment was or is payable under a law of the Commonwealth. 30 (3) For the purposes of paragraph (1)(eb), the transferee has relevant 31 key personnel in common with a person who is or has been an 32 approved provider if: 33 (a) at the time the person provided * aged care as an approved 34 provider, another person was one of its * key personnel; and 16 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] Amend ments Part 1 1 (b) that other person is one of the key personnel of the transferee. 2 65 Subsection 16-8(1) 3 After "a * place", insert "to which this Subdivision applies". 4 66 At the end of Division 16 5 Add: 6 Subdivision 16-B--Transfer of provisionally allocated places 7 16-12 Application of this Subdivision 8 This Subdivision applies to the transfer of a * provisionally 9 allocated * place. 10 16-13 Transfer of provisionally allocated places 11 (1) A transfer of a * provisionally allocated * place from one person to 12 another is of no effect unless it is approved by the Secretary. 13 (2) The Secretary must not approve the transfer of a * provisionally 14 allocated * place unless: 15 (a) an application for the transfer is made under section 16-14; 16 and 17 (b) the Secretary is satisfied that, because of the needs of the 18 aged care community in the region for which the places were 19 provisionally allocated, there are exceptional circumstances 20 justifying the transfer; and 21 (c) the Secretary is satisfied, having regard to the matters 22 mentioned in section 16-16, that the needs of the aged care 23 community in the region for which the places were 24 provisionally allocated are best met by the transfer; and 25 (d) the Secretary is satisfied that the transferee will be an 26 approved provider when the transfer is completed in respect 27 of the *aged care service to which the places will relate after 28 transfer; and 29 (e) the location in respect of which the place is provisionally 30 allocated will not change as a result of the transfer; and 31 (f) the provisional allocation is in respect of residential care 32 subsidy. Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 17 [Page Break] Part 1 A mend ments 1 (3) If the transfer is approved: 2 (a) the transferee is taken, from the transfer day (see 3 section 16-19), to be the person to whom the * place is 4 * provisionally allocated under this Subdivision; and 5 (b) if, as part of the transfer, approval is sought for one or more 6 variations of the conditions to which the allocation is subject 7 under section 14-5--the Secretary is taken to have made such 8 variation of the conditions as is specified in the instrument of 9 approval. 10 16-14 Applications for transfer of provisionally allocated places 11 (1) A person to whom a * place has been * provisionally allocated under 12 Division 14 may apply in writing to the Secretary for approval to 13 transfer the place to another person. 14 (2) The application must: 15 (a) be in a form approved by the Secretary; and 16 (b) include the information referred to in subsection (3); and 17 (c) be signed by the transferor and the transferee; and 18 (d) set out any variation of the conditions to which the 19 * provisional allocation is subject under section 14-5, for 20 which approval is being sought as part of the transfer. 21 (3) The information to be included in the application is as follows: 22 (a) the transferor's name; 23 (b) the number of * places to be transferred; 24 (c) the *aged care service to which the places currently relate, 25 and its location; 26 (d) the proposed transfer day; 27 (e) the transferee's name; 28 (f) if, after the transfer, the places would relate to a different 29 aged care service--that aged care service; 30 (g) whether any of the places are: 31 (i) places included in a residential care service, or a 32 * distinct part of a residential care service, that has *extra 33 service status; or 34 (ii) places in respect of which one or more * residential care 35 grants have been paid; 18 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] Amend ments Part 1 1 (h) if the places are included in a residential care service and, 2 after the transfer, the places would relate to a different 3 residential care service--whether that service, or a distinct 4 part of that service, has extra service status; 5 (i) evidence of the progress made by the transferor towards 6 being in a position to provide care in respect of the places; 7 (j) the day on which, if the transfer were to take place, the 8 transferee would be in a position to provide care in respect of 9 the places; 10 (k) such other information as is specified in the Allocation 11 Principles. 12 Note: The Secretary must not approve the transfer if the location in respect 13 of which the place is provisionally allocated will change as a result of 14 the transfer (see paragraph 16-13(2)(e)). 15 (4) The application must be made: 16 (a) if the transferee has been approved under section 8-1 as a 17 provider of * aged care (even if the approval has not yet begun 18 to be in force)--no later than 60 days, or such other period as 19 the Secretary determines under subsection (5), before the 20 proposed transfer day; or 21 (b) if the transferee has not been approved under section 8-1 as a 22 provider of aged care--no later than 90 days, or such other 23 period as the Secretary determines under subsection (5), 24 before the proposed transfer day. 25 (5) The Secretary may, at the request of the transferor and the 26 transferee, determine another period under paragraph (4)(a) or (b) 27 if the Secretary is satisfied that it is justified in the circumstances. 28 (6) In deciding whether to make a determination, and in determining 29 another period, the Secretary must consider any matters set out in 30 the Allocation Principles. 31 (7) The Secretary must give written notice of his or her decision under 32 subsection (5) to the transferor and the transferee. The notice is not 33 a legislative instrument. 34 (8) If the information included in an application changes, the 35 application is taken not to have been made under this section 36 unless the transferor and the transferee give the Secretary written 37 notice of the changes. Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 19 [Page Break] Part 1 A mend ments 1 16-15 Requests for further information 2 (1) If the Secretary needs further information to determine the 3 application, the Secretary may give to the transferor and the 4 transferee a notice requesting that: 5 (a) either the transferor or the transferee give the further 6 information; or 7 (b) the transferor and the transferee jointly give the further 8 information; 9 within 28 days after receiving the notice. 10 (2) The application is taken to be withdrawn if the further information 11 is not given within the 28 days. 12 Note: The period for giving the further information can be extended--see 13 section 96-7. 14 (3) The notice must contain a statement setting out the effect of 15 subsection (2). 16 16-16 Conside ration of applications 17 (1) In considering whether the needs of the aged care community in 18 the region for which the * places were allocated are best met by the 19 transfer, the Secretary must consider each of the following matters: 20 (a) whether the transfer would meet the objectives of the 21 planning process set out in section 12-2; 22 (b) whether the transferor has made such significant progress 23 towards being in a position to provide care, in respect of the 24 places, that it would be contrary to the interests of the aged 25 care community in the region not to permit the transfer; 26 (c) whether the transferee is likely to be in a position to provide 27 care in respect of the places within a short time after the 28 transfer; 29 (d) the standard of care, accommodation and other services 30 proposed to be provided by the * aged care service in which 31 the places would be included if the transfer were to occur; 32 (e) the suitability of the transferee to provide the * aged care to 33 which the places to be transferred relate; 34 (f) the suitability of the premises proposed to be used to provide 35 care through the aged care service in which the places would 36 be included if the transfer were to occur; 20 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] Amend ments Part 1 1 (g) if the places were allocated to meet the needs of * people with 2 special needs--whether those needs would be met once the 3 allocation of the places to be transferred took effect; 4 (h) if the places were allocated to provide a particular type of 5 aged care--whether that type of aged care would be provided 6 once the allocation of the places to be transferred took effect; 7 (i) if the transferee has been a provider of aged care--its 8 conduct as such a provider, and its compliance with its 9 responsibilities as such a provider and its obligations arising 10 from the receipt of any payments from the Commonwealth 11 for providing that aged care; 12 (j) if the transferee has relevant * key personnel in common with 13 a person who is or has been an approved provider--the 14 conduct of that person as a provider of aged care, and its 15 compliance with its responsibilities as such a provider and its 16 obligations arising from the receipt of any payments from the 17 Commonwealth for providing that aged care; 18 (k) the financial viability, if the transfer were to occur, of the 19 transferee and the aged care service in which the places 20 would be included if the transfer were to occur; 21 (l) the measures to be adopted by the transferee to protect the 22 rights of care recipients; 23 (m) any matters set out in the Allocation Principles. 24 Note: The Secretary must not approve the transfer if the location in respect 25 of which the place is provisionally allocated will change as a result of 26 the transfer (see paragraph 16-13(2)(e)). 27 (2) The reference in paragraphs (1)(i) and (j) to aged care includes a 28 reference to any care for the aged, whether provided before or after 29 the commencement of this section, in respect of which any 30 payment was or is payable under a law of the Commonwealth. 31 (3) For the purposes of paragraph (1)(j), the transferee has relevant 32 key personnel in common with a person who is or has been an 33 approved provider if: 34 (a) at the time the person provided * aged care, another person 35 was one of its * key personnel; and 36 (b) that other person is one of the key personnel of the transferee. Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 21 [Page Break] Part 1 A mend ments 1 16-17 Time limit for decisions on applications 2 (1) Subject to this section, the Secretary must, at least 14 days before 3 the proposed transfer day: 4 (a) approve the transfer; or 5 (b) reject the application; 6 and notify the transferor and transferee accordingly. 7 Note: Rejections of applications are reviewable under Part 6.1. 8 (2) The Secretary may make a decision under subsection (1) on a later 9 day if the transferor and the transferee agree. However, the later 10 day must not occur on or after the proposed transfer day. 11 (3) If: 12 (a) the Secretary is given written notice (the alteration notice) 13 under subsection 16-14(8) of changes to the information 14 contained in the application; and 15 (b) the alteration notice is given on or after the day occurring 30 16 days before the day by which the Secretary must act under 17 subsection (1) of this section; 18 the Secretary is not obliged to act under subsection (1) until the end 19 of the 30 day period following the day on which the alteration 20 notice was given by the Secretary. 21 16-18 Notice of decision on transfer 22 If the transfer is approved, the notice must include statements 23 setting out the following matters: 24 (a) the number of * places to be transferred; 25 (b) the proposed transfer day; 26 (c) the *aged care service to which the places currently relate, 27 and its location; 28 (d) if, after the transfer, the places will relate to a different aged 29 care service--that aged care service; 30 (e) the proportion of care, in respect of the places to be 31 transferred, to be provided once the allocation takes effect to: 32 (i) * people with special needs; or 33 (ii) * supported residents, * concessional residents and 34 * assisted residents; or 35 (iii) recipients of * respite care; or 22 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] Amend ments Part 1 1 (iv) people needing a particular level of care; or 2 (v) people of the kinds specified in the Allocation 3 Principles; 4 (f) such other information as is specified in the Allocation 5 Principles. 6 Note: The Secretary must not approve the transfer if the location in respect 7 of which the place is provisionally allocated will change as a result of 8 the transfer (see paragraph 16-13(2)(e)). 9 16-19 Transfer day 10 (1) The transfer day is the proposed transfer day specified in the 11 application if the transfer is completed on or before that day. 12 (2) If the transfer is not completed on or before the proposed transfer 13 day, the transferor and the transferee may apply, in writing, to the 14 Secretary to approve a day as the transfer day. 15 Note: Because the proposed transfer day must be specified in the application 16 for transfer, the Secretary must be notified if the transfer is not 17 completed on or before the proposed transfer day (see subsection 18 16-14(8)). 19 (3) The Secretary must, within 28 days after receiving the application 20 under subsection (2): 21 (a) approve a day as the transfer day; or 22 (b) reject the application; 23 and, within that period, notify the transferor and the transferee 24 accordingly. 25 Note: Approvals of days and rejections of applications are reviewable under 26 Part 6.1. 27 (4) However, the day approved by the Secretary as the transfer day 28 must not be earlier than the day on which the transfer is actually 29 completed. 30 16-20 Transfer of places to service with extra service status 31 (1) The Secretary must not approve the transfer of a * provisionally 32 allocated * place from one person to another if: 33 (a) the transfer would result in residential care in respect of the 34 place being provided by a different residential care service; 35 and Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 23 [Page Break] Part 1 A mend ments 1 (b) that residential care service has, or a * distinct part of that 2 service has, * extra service status; 3 unless subsection (2) or (3) applies to the transfer. 4 Note: The Secretary must not approve the transfer if the location in respect 5 of which the place is provisionally allocated will change as a result of 6 the transfer (see paragraph 16-13(2)(e)). 7 (2) The Secretary may approve the transfer if satisfied that the * places 8 other than the transferred places could, after the allocation has 9 taken effect, form one or more * distinct parts of the residential care 10 service concerned. 11 Note: The transferred places would not have * extra service status because of 12 the operation of section 31-3. 13 (3) The Secretary may approve the transfer if satisfied that: 14 (a) granting the transfer would be reasonable, having regard to 15 the criteria set out in section 32-4; and 16 (b) granting the transfer would not result in the maximum 17 proportion of * extra service places under section 32-7, for the 18 State, Territory or * region concerned, being exceeded; and 19 (c) any other requirements set out in the Allocation Principles 20 are satisfied. 21 Note: The places would have * extra service status because of the operation 22 of section 31-1. (Section 31-3 would not apply.) 23 16-21 Information to be given to transferee 24 The Secretary may give to the transferee information specified in 25 the Allocation Principles at such times as are specified in those 26 Principles. 27 67 Subsection 18-1(1) 28 Omit "either of the following", substitute "any of the following". 29 68 At the end of section 18-1 30 Add: 31 ; (c) the person to whom the place is allocated ceases to be an 32 approved provider. 33 69 Subsection 23-3(1) 24 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] Amend ments Part 1 1 Omit "A person's", substitute "Except in the circumstances mentioned 2 in subsection (1A), a person's". 3 Note 1: The heading to section 23-3 is replaced by the heading "Circumstances in which 4 approval lapses". 5 Note 2: The following heading to subsection 23-3(1) is inserted "Care not received within a 6 certain time". 7 70 After subsection 23-3(1) 8 Insert: 9 (1A) A person's approval does not lapse under subsection (1) if: 10 (a) the care in respect of which he or she is approved is limited 11 to residential care provided as * respite care; or 12 (b) if the approval is for residential care other than residential 13 care provided as respite care--the care in respect of which he 14 or she is approved is not limited to a * low level of residential 15 care; or 16 (c) if the care in respect of which he or she is approved is 17 flexible care--the care is specified for the purposes of this 18 paragraph in the Approval of Care Recipients Principles. 19 Note: The following heading to subsection 23-3(3) is inserted "Person ceases to be provided 20 with care in respect of which approved". 21 71 Paragraph 31-3(1)(b) 22 Omit "or 16-8(2)", substitute ", 16-8(2) or 16-20(2)". 23 72 After paragraph 32-4(1)(c) 24 Insert: 25 (ca) if the applicant has relevant * key personnel in common with a 26 person who is or has been an approved provider--the person 27 has a very good record of: 28 (i) conduct as a provider of *aged care; and 29 (ii) compliance with its responsibilities as such a provider, 30 and meeting its obligations arising from the receipt of 31 any payments from the Commonwealth for providing 32 aged care; 33 73 At the end of subsection 32-4(2) 34 Add: Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 25 [Page Break] Part 1 A mend ments 1 ; and (d) whether a person with whom the applicant has relevant * key 2 personnel in common and who is or has been an approved 3 provider has a very good record of conduct, compliance or 4 meeting its obligations, for the purposes of paragraph (1)(ca). 5 74 Subsection 32-4(3) 6 Omit "paragraph (1)(c)", substitute "paragraphs (1)(c) and (ca)". 7 75 At the end of section 32-4 8 Add: 9 (4) For the purposes of paragraphs (1)(ca) and (2)(d), the applicant has 10 relevant key personnel in common with a person who is or has 11 been an approved provider if: 12 (a) at the time the person provided * aged care, another person 13 was one of its * key personnel; and 14 (b) that other person is one of the key personnel of the applicant. 15 76 Subsection 35-1(1) 16 Omit "An approved provider", substitute "A person". 17 77 Paragraph 36-1(1)(b) 18 Omit "the approved provider", substitute "the person". 19 78 Subsection 36-3(1) (note) 20 Omit "approved providers", substitute "the persons providing care". 21 79 After paragraph 38-3(1)(c) 22 Insert: 23 (ca) if the applicant has relevant * key personnel in common with a 24 person who is or has been an approved provider--the 25 conduct of that person as a provider of aged care, and its 26 compliance with its responsibilities as such a provider and its 27 obligations arising from the receipt of any payments from the 28 Commonwealth for providing that aged care; and 29 80 Subsection 38-3(2) 30 Omit "paragraph (1)(c)", substitute "paragraphs (1)(c) and (ca)". 31 81 At the end of section 38-3 26 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] Amend ments Part 1 1 Add: 2 (4) For the purposes of paragraph (1)(ca), the applicant has relevant 3 key personnel in common with a person who is or has been an 4 approved provider if: 5 (a) at the time the person provided * aged care, another person 6 was one of its * key personnel; and 7 (b) that other person is one of the key personnel of the applicant. 8 82 At the end of subsection 41-3(2) 9 Add: 10 ; (d) care that is specified in the Residential Care Subsidy 11 Principles not to be residential care. 12 83 Paragraph 44-7(3)(a) 13 Omit "section 57-14 or section 57A-9", substitute "paragraph 14 57-14(1)(a) or 57A-9(1)(a)". 15 Note: The following heading to subsection 44-7(1A) is inserted "If the applicable time is on or 16 after 1 July 2005". 17 84 After subsection 44-8(1A) 18 Insert: 19 If there is financial hardship (whatever the applicable time) 20 (1AA) A person is also an assisted resident if: 21 (a) a determination is in force under paragraph 57-14(1)(b) or 22 57A-9(1)(b) in respect of the person; and 23 (b) the person is a * pre-2008 reform resident. 24 Note: The following heading to subsection 44-8(1A) is inserted "If the applicable time is on or 25 after 1 July 2005". 26 85 Paragraph 44-10(1C)(a) 27 After "Subdivisions B and BB of Division 11", insert "and Subdivision 28 H of Division 11A". 29 86 Paragraph 44-10(1C)(b) 30 After "Division 2 of Part 3.12", insert "and Division 8 of Part 3.18". 31 87 Subsection 44-10(1C) (note) Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 27 [Page Break] Part 1 A mend ments 1 Omit "Note", substitute "Note 1". 2 88 Subsection 44-10(1C) (after the note) 3 Insert: 4 Note 2: Subdivision H of Division 11A of Part IIIB of the Veterans' 5 Entitlements Act 1986, and Division 8 of Part 3.18 of the Social 6 Security Act 1991, deal with the attribution to individuals of assets of 7 private companies and private trusts. 8 89 Section 53-1 (note) 9 Omit "An approved provider's responsibilities cover all the care 10 recipients in an * aged care service", substitute "The responsibilities of 11 an approved provider in respect of an * aged care service cover all the 12 care recipients in the service". 13 90 Paragraph 54-1(2)(b) 14 Repeal the paragraph, substitute: 15 (b) both: 16 (i) the approved provider is approved in respect of the aged 17 care service through which the person is provided, or to 18 be provided, with * aged care and for the type of aged 19 care provided, or to be provided, to the person; and 20 (ii) the person is approved under Part 2.3 as a recipient of 21 the type of aged care provided, or to be provided, 22 through the service. 23 91 Section 55-1 24 Omit "Approved providers have general responsibilities to users, and 25 proposed users, of their * aged care services", substitute "A person who 26 is an approved provider in respect of an *aged care service has general 27 responsibilities to users, and proposed users, of the service". 28 92 Paragraph 56-5(b) 29 Repeal the paragraph, substitute: 30 (b) both: 31 (i) the approved provider is approved in respect of the aged 32 care service through which the person is provided, or to 33 be provided, with * aged care and for the type of aged 34 care provided, or to be provided, to the person; and 28 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] Amend ments Part 1 1 (ii) the person is approved under Part 2.3 as a recipient of 2 the type of aged care provided, or to be provided, 3 through the service. 4 93 Paragraph 57-2(1)(g) 5 Omit ", 57-13 or 57-23", substitute "or 57-13, paragraph 57-14(1)(b) or 6 section 57-23". 7 94 Paragraph 57-2(1)(h) 8 Omit "section 57-14", substitute "paragraph 57-14(1)(a)". 9 95 Subsection 57-12(1) 10 Omit "section 57-13", substitute "sections 57-13 and 57-14". 11 96 Subsection 57-14(1) 12 Repeal the subsection, substitute: 13 (1) The Secretary may determine, in accordance with the User Rights 14 Principles, that a person: 15 (a) must not be charged an * accommodation bond because 16 payment of an accommodation bond would cause the person 17 financial hardship; or 18 (b) must not be charged an accommodation bond of more than a 19 specified maximum amount because payment of more than 20 that amount would cause the person financial hardship. 21 Note: Refusals to make determinations are reviewable under Part 6.1. 22 Note: The heading to section 57-14 is altered by omitting "not payable". 23 97 Subsection 57-14(4) 24 After "* accommodation bond", insert ", or an accommodation bond of 25 more than a specified maximum amount,". 26 98 Paragraph 57-14(4)(b) 27 After "accommodation bond", insert ", or a larger accommodation 28 bond,". 29 99 Subsection 57-14(7) 30 Repeal the subsection, substitute: 31 (7) If the Secretary makes a determination, the notice must: Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 29 [Page Break] Part 1 A mend ments 1 (a) set out any period at the end of which, or any event on the 2 occurrence of which, the determination will cease to be in 3 force; and 4 (b) if the determination is that a person must not be charged an 5 * accommodation bond of more than a specified maximum 6 amount--specify the maximum amount of the 7 accommodation bond. 8 100 Paragraph 57-20(4)(c) 9 Omit "section 57-14", substitute "paragraph 57-14(1)(a)". 10 101 Paragraph 57-21(1)(b) 11 Repeal the paragraph, substitute: 12 (b) the care recipient ceases to be provided with: 13 (i) residential care by the residential care service (other 14 than because the care recipient is on * leave); or 15 (ii) flexible care provided in a residential setting by the 16 flexible care service; or 17 102 After section 57-21 18 Insert: 19 57-21AA Refunding of accommodation bond balance--forme r 20 approved provide rs 21 (1) If: 22 (a) an *accommodation bond is paid to a person by a care 23 recipient for * entry to a residential care service or flexible 24 care service conducted by the person; and 25 (b) the person ceases to be an approved provider in respect of the 26 residential care service or flexible care service; 27 the person (the former approved provider) must refund the 28 * accommodation bond balance in respect of the accommodation 29 bond to the care recipient. 30 (2) The *accommodation bond balance must be refunded under 31 subsection (1): 32 (a) if the care recipient dies within 90 days after the day on 33 which the former approved provider ceased to be an 34 approved provider in respect of the residential care service or 30 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] Amend ments Part 1 1 flexible care service that provided the care recipient with care 2 (the 90 day period)--within 14 days after the day on which 3 the former approved provider is shown the probate of the will 4 of the care recipient or letters of administration of the estate 5 of the care recipient; or 6 (b) if the care recipient is to * enter another service to receive 7 residential care within the 90 day period: 8 (i) if the care recipient has notified the former approved 9 provider of the move more than 14 days before the day 10 on which the former approved provider ceased 11 providing care to the care recipient--on the day on 12 which the former approved provider ceased providing 13 that care; or 14 (ii) if the care recipient so notified the former approved 15 provider within 14 days before the day on which the 16 former approved provider ceased providing that care-- 17 within 14 days after the day on which the notice was 18 given; or 19 (iii) if the care recipient did not notify the former approved 20 provider before the day on which the former approved 21 provider ceased providing that care--within 14 days 22 after the day on which the former approved provider 23 ceased providing that care; or 24 (c) in any other case--within the 90 day period. 25 (3) A person commits an offence if: 26 (a) the person is required under this section to refund an amount 27 on a particular day or within a particular period; and 28 (b) the person does not refund the amount before that day or 29 within that period; and 30 (c) the person is a * corporation. 31 Penalty for a contravention of this subsection: 30 penalty units. 32 Note: Chapter 2 of the Criminal Code sets out the general principles of 33 criminal responsibility. 34 Note: The heading to section 57-21 is altered by adding at the end "--approved providers". 35 103 After subsection 57-21A(1) 36 Insert: Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 31 [Page Break] Part 1 A mend ments 1 (1A) A *corporation that has been an approved provider and is required 2 under this Subdivision to refund an * accommodation bond balance 3 must pay an amount representing interest on the accommodation 4 bond balance in the circumstances (if any) specified in the User 5 Rights Principles. 6 104 After subsection 57-21B(1) 7 Insert: 8 (1A) A *corporation that has been an approved provider and is required 9 under a *formal agreement to refund an * entry contribution balance 10 must pay an amount representing interest on the entry contribution 11 balance in the circumstances (if any) specified in the User Rights 12 Principles. 13 105 Paragraph 57A-2(1)(g) 14 After "section 57A-6", insert "or 57A-8A or paragraph 57A-9(1)(b)". 15 106 Paragraph 57A-2(1)(i) 16 Omit "section 57A-9", substitute "paragraph 57A-9(1)(a)". 17 107 Subsection 57A-6(1) 18 Omit "section 57A-8A", substitute "sections 57A-8A and 57A-9". 19 108 Subsection 57A-9(1) 20 Repeal the subsection, substitute: 21 (1) The Secretary may determine, in accordance with the User Rights 22 Principles, that a person: 23 (a) must not be charged an * accommodation charge because 24 payment of an accommodation charge would cause the 25 person financial hardship; or 26 (b) must not be charged an accommodation charge of more than 27 a specified maximum daily amount because payment of more 28 than that amount would cause the person financial hardship. 29 Note: Refusals to make determinations are reviewable under Part 6.1. 30 Note: The heading to section 57A-9 is altered by omitting "not payable". 31 109 Subsection 57A-9(4) 32 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] Amend ments Part 1 1 After "* accommodation charge", insert ", or an accommodation charge 2 of more than a specified maximum daily amount,". 3 110 Paragraph 57A-9(4)(b) 4 After "accommodation charge", insert ", or a larger accommodation 5 charge,". 6 111 Subsection 57A-9(7) 7 Repeal the subsection, substitute: 8 (7) If the Secretary makes the determination, the notice must: 9 (a) set out any period at the end of which, or any event on the 10 occurrence of which, the determination will cease to be in 11 force; and 12 (b) if the determination is that a person must not be charged an 13 * accommodation charge of more than a specified maximum 14 daily amount--specify the maximum daily amount of the 15 accommodation charge. 16 112 Subparagraph 62-1(b)(iv) 17 Repeal the subparagraph, substitute: 18 (iv) for the purpose of complying with an obligation under 19 this Act or any of the Principles made under 20 section 96-1; 21 113 Paragraph 63-1(2)(b) 22 Repeal the paragraph, substitute: 23 (b) both: 24 (i) the approved provider is approved in respect of the aged 25 care service through which the person is provided, or to 26 be provided, with * aged care and for the type of aged 27 care provided, or to be provided, to the person; and 28 (ii) the person is approved under Part 2.3 as a recipient of 29 the type of aged care provided, or to be provided, 30 through the service. 31 114 After section 63-1B 32 Insert: Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 33 [Page Break] Part 1 A mend ments 1 63-1C Responsibility relating to circumstances materially affecting 2 an approved provider's suitability to provide aged care 3 (1) The responsibility of an approved provider in relation to a 4 circumstance specified by the Secretary in a notice given under 5 subsection 8-5(3) is to comply with subsection (2). 6 (2) The approved provider must do all things reasonably practicable to 7 ensure that there is no change to the circumstance without 8 complying with the steps specified in the notice under subsection 9 8-5(3). 10 115 Section 65-2 11 Before "In", insert "(1)". 12 116 After paragraph 65-2(c) 13 Insert: 14 (ca) whether the non-compliance would threaten the health, 15 welfare or interests of future care recipients; 16 117 After paragraph 65-2(d) 17 Insert: 18 (da) the desirability of deterring future non-compliance; 19 118 At the end of section 65-2 20 Add: 21 (2) However, whether the non-compliance threatens or would threaten 22 the health, welfare or interests of current and future care recipients 23 is to be the Secretary's paramount consideration. 24 119 Paragraph 66-1(c) 25 Repeal the paragraph, substitute: 26 (c) restricting the payment of subsidy under Chapter 3 to the 27 provision of care to either: 28 (i) care recipients to whom the approved provider is 29 providing care at the section 67-5 notice time; or 30 (ii) care recipients other than those to whom the approved 31 provider commenced providing care, through one or 34 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] Amend ments Part 1 1 more specified aged care services, after the section 67-5 2 notice time; 3 120 Section 85-1 (table item 2) 4 Repeal the item. 5 121 Section 85-1 (cell at table item 3, column headed 6 "Decision") 7 Omit "an approved provider", substitute "a provider of *aged care". 8 122 Section 85-1 (table item 4) 9 Repeal the item. 10 123 Section 85-1 (cell at table item 6, column headed 11 "Decision") 12 Omit "an approved provider", substitute "a person". 13 124 Section 85-1 (table items 10, 11 and 12) 14 Repeal the items, substitute: 10 To reject an application for transfer of subsection 16-5(1) allocated places, other than provisionally allocated places 11 To approve a day as a transfer day for the subsection 16-7(3) transfer of allocated places, other than provisionally allocated places 12 To reject an application to approve a day as subsection 16-7(3) a transfer day for the transfer of allocated places, other than provisionally allocated places 15 125 Section 85-1 (after table item 12) 16 Insert: 12A To reject an application for transfer of subsection 16-17(1) provisionally allocated places 12B To approve a day as a transfer day for the subsection 16-19(3) transfer of provisionally allocated places 12C To reject an application to approve a day as subsection 16-19(3) a transfer day for the transfer of provisionally allocated places Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 35 [Page Break] Part 1 A mend ments 1 126 Section 85-1 (cell at table item 51, column headed 2 "Provision under which decision is made") 3 Repeal the cell, substitute: paragraph 57-14(1)(a) 4 127 Section 85-1 (after table item 51) 5 Insert: 51A To refuse to make a determination that paragraph 57-14(1)(b) paying an accommodation bond of more than a specified maximu m amount would cause financial hardship, or to specify a particular maximu m amount under such a determination 6 128 Section 85-1 (cell at table item 53A, column headed 7 "Provision under which decision is made") 8 Repeal the cell, substitute: paragraph 57A-9(1)(a) 9 129 Section 85-1 (after table item 53A) 10 Insert: 53AA To refuse to make a determination that paragraph 57A-9(1)(b) paying an accommodation charge of more than a specified maximu m daily amount would cause financial hardship, or to specify a particular maximu m daily amount under such a determination 11 130 Paragraph 93-1(2)(a) 12 Omit "an approved provider", substitute "a person who is or has been 13 an approved provider". 14 131 Paragraph 93-1(3)(a) 15 Repeal the paragraph, substitute: 16 (a) the affairs of a * corporation that is or has been an approved 17 provider; or 18 132 Subparagraph 93-1(4)(b)(i) 19 Repeal the subparagraph, substitute: 36 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] Amend ments Part 1 1 (i) the affairs of a * corporation that is or has been an 2 approved provider; or 3 133 Paragraph 93-4(2)(a) 4 Repeal the paragraph, substitute: 5 (a) the affairs of a * corporation that is or has been an approved 6 provider; or 7 134 Subparagraph 93-4(3)(b)(i) 8 Repeal the subparagraph, substitute: 9 (i) the affairs of a * corporation that is or has been an 10 approved provider; or 11 135 Clause 1 of Schedule 1 (at the end of the definition of 12 accommodation bond) 13 Add ", and in respect of which the approved provider holds an 14 allocation of * places". 15 136 Clause 1 of Schedule 1 (definition of key personnel) 16 Repeal the definition, substitute: 17 key personnel has the meaning given by section 8-3A. 18 137 Clause 1 of Schedule 1 19 Insert: 20 pre-allocation lump sum has the meaning given by subsection 21 14-5(6). 22 138 Clause 1 of Schedule 1 23 Insert: 24 provisionally allocated: a * place is provisionally allocated if it is a 25 place in relation to which a * provisional allocation is in force under 26 Division 15. 27 139 Clause 1 of Schedule 1 28 Insert: 29 unregulated lump sum has the meaning given by the Aged Care 30 (Bond Security) Act 2006. Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 37 [Page Break] Part 1 A mend ments 1 140 Clause 1 of Schedule 1 2 Insert: 3 unregulated lump sum balance has the meaning given by the Aged 4 Care (Bond Security) Act 2006. 5 Aged Care (Bond Security) Act 2006 6 141 Section 3 7 After "an approved provider" (wherever occurring), insert "or former 8 approved provider". 9 142 Subsection 6(1) (after paragraph (e) of the definition of 10 administrative costs) 11 Insert: 12 (ea) making any refund declarations under section 13A that were 13 permitted to be made as a result of the making of the default 14 event declaration; and 15 143 Subsection 6(1) 16 Insert: 17 aged care service has the meaning given by the Dictionary in 18 Schedule 1 to the Aged Care Act 1997. 19 144 Subsection 6(1) (at the end of the definition of bond) 20 Add: 21 ; or (c) an unregulated lump sum. 22 145 Subsection 6(1) (at the end of the definition of bond 23 balance) 24 Add: 25 ; or (c) in relation to a bond that is an unregulated lump sum--the 26 unregulated lump sum balance. 27 146 Subsection 6(1) 28 Insert: 38 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] Amend ments Part 1 1 entry, in relation to a person and an aged care service, has the 2 meaning given by the Dictionary in Schedule 1 to the Aged Care 3 Act 1997. 4 147 Subsection 6(1) 5 Insert: 6 flexible care has the meaning given by the Dictionary in 7 Schedule 1 to the Aged Care Act 1997. 8 148 Subsection 6(1) 9 Insert: 10 flexible care service has the meaning given by the Dictionary in 11 Schedule 1 to the Aged Care Act 1997. 12 149 Subsection 6(1) (definition of insolvency event) 13 Omit "an approved provider", substitute "a person who is or has been 14 an approved provider (the approved provider or former approved 15 provider)". 16 150 Subsection 6(1) (definition of insolvency event) 17 After "the approved provider" (wherever occurring), insert "or former 18 approved provider". 19 151 Subsection 6(1) 20 Insert: 21 provisional allocation has the meaning given by the Dictionary in 22 Schedule 1 to the Aged Care Act 1997. 23 152 Subsection 6(1) (at the end of the definition of refund 24 declaration) 25 Add "or 13A". 26 153 Subsection 6(1) 27 Insert: 28 residential care has the meaning given by the Dictionary in 29 Schedule 1 to the Aged Care Act 1997. Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 39 [Page Break] Part 1 A mend ments 1 154 Subsection 6(1) 2 Insert: 3 residential care service has the meaning given by the Dictionary in 4 Schedule 1 to the Aged Care Act 1997. 5 155 Subsection 6(1) 6 Insert: 7 respite care has the meaning given by the Dictionary in Schedule 1 8 to the Aged Care Act 1997. 9 156 Subsection 6(1) 10 Insert: 11 unregulated lump sum has the meaning given by subsection (3). 12 157 Subsection 6(1) 13 Insert: 14 unregulated lump sum balance, in relation to an unregulated lump 15 sum is, at a particular time, an amount equal to the difference 16 between: 17 (a) the amount of the unregulated lump sum; and 18 (b) any amounts that have been, or are permitted to be, deducted 19 at that time under the agreement under which the unregulated 20 lump sum was paid. 21 158 Subsection 6(2) 22 Omit "of an approved provider at a particular time", substitute "at a 23 particular time of a person who is or has been an approved provider". 24 159 Paragraph 6(2)(b) 25 Omit "that time is later than the time required for the bond balance to be 26 refunded by the approved provider", substitute "in relation to an 27 accommodation bond or entry contribution--that time is later than the 28 time required for the bond balance to be refunded by the person". 29 160 At the end of subsection 6(2) 30 Add: 40 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] Amend ments Part 1 1 ; and (c) in relation to an unregulated lump sum--that time is later 2 than the earlier of the following: 3 (i) the start of the first day on which the person (the 4 unregulated lump sum holder) to whom the amount 5 was paid is obliged, under the agreement under which it 6 was paid, to refund the amount or part of the amount; 7 (ii) the end of a period of 14 days beginning immediately 8 after the day on which the care recipient in relation to 9 whose entry to a residential care service or flexible care 10 service the amount was paid ceased to be provided with 11 care by the unregulated lump sum holder through that 12 service. 13 161 At the end of section 6 14 Add: 15 What is an unregulated lump sum? 16 (3) An unregulated lump sum is an amount of money paid to a person 17 (the unregulated lump sum holder) in the following 18 circumstances: 19 (a) the amount is paid to the unregulated lump sum holder by a 20 care recipient under a written agreement for the care 21 recipient's entry to: 22 (i) a residential care service through which residential care 23 other than respite care is, or is to be, provided by the 24 unregulated lump sum holder; or 25 (ii) a flexible care service through which flexible care is, or 26 is to be, provided by the unregulated lump sum holder; 27 (b) the amount does not accrue daily; 28 (c) under the agreement, the amount, or part of the amount, must 29 be refunded to the care recipient if the unregulated lump sum 30 holder ceases to provide residential care or flexible care (as 31 the case requires) to the care recipient; 32 (d) the unregulated lump sum holder is an approved provider 33 immediately before 1 January 2009; 34 (e) the amount was paid to the unregulated lump sum holder 35 before 1 January 2009 and before the unregulated lump sum 36 holder began to be an approved provider; 37 (f) the amount is not an entry contribution; Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 41 [Page Break] Part 1 A mend ments 1 (g) the care recipient did not cease to be provided with 2 residential care through the residential care service, or 3 flexible care through the flexible care service (as the case 4 requires), after the amount was paid but before the 5 unregulated lump sum holder began to be an approved 6 provider. 7 162 After section 6 8 Insert: 9 6A Transitional application of this Act to certain insolvency events 10 If: 11 (a) immediately before the commencement of the Aged Care 12 Amendment (2008 Measures No. 2) Act 2008, a person is an 13 approved provider; and 14 (b) the person ceases to be an approved provider in respect of an 15 aged care service on the day immediately after the period of 6 16 months beginning on the commencement of that Act has 17 expired (the transition day); and 18 (c) the person ceases to be an approved provider in respect of the 19 service because: 20 (i) there is no allocation of a place to the person in respect 21 of the service in effect on the transition day; or 22 (ii) there is no provisional allocation of a place to the person 23 in respect of the service in force on the transition day; 24 this Act does not apply in relation to any insolvency event that 25 occurs after the period of 12 months beginning on the transition 26 day has expired. 27 163 Subsection 7(1) 28 Omit "an approved provider", substitute "a person who is or has been 29 an approved provider". 30 164 Subparagraph 7(1)(a)(i) 31 Omit "the approved provider", substitute "the person". 32 165 Subparagraph 7(1)(a)(ii) 33 Omit "the approved provider or the approved provider's property", 34 substitute "the person or the person's property". 42 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] Amend ments Part 1 1 166 Paragraph 7(1)(b) 2 Omit "the approved provider", substitute "the person". 3 167 Subsection 7(1) (note) 4 Omit "An approved provider", substitute "A person". 5 168 Subsection 8(1) 6 Omit "the approved provider to which", substitute "the person to 7 whom". 8 169 Section 9 9 Repeal the section, substitute: 10 9 Notice of certain insolvency events 11 (1) If: 12 (a) a person is an approved provider; and 13 (b) any of the events mentioned in paragraph (a), (b), (c), (d), (e) 14 or (f) of the definition of insolvency event occur in relation to 15 the person; 16 the person must notify the Secretary the first time that the event 17 occurs. 18 (2) If: 19 (a) a person has been, but is no longer, an approved provider; 20 and 21 (b) any of the events mentioned in paragraph (a), (b), (c), (d), (e) 22 or (f) of the definition of insolvency event occur in relation to 23 the person; and 24 (c) there was at least one outstanding bond balance of the person 25 at the time the event occurs; 26 the person must notify the Secretary the first time that the event 27 occurs. 28 (3) The notification under subsection (1) or (2) must be given in 29 writing by the end of the first business day after the day on which 30 the event occurs. 31 (4) A person commits an offence if the person refuses or fails to 32 comply with a requirement under this section. Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 43 [Page Break] Part 1 A mend ments 1 Penalty: 30 penalty units. 2 170 Paragraph 10(1)(a) 3 Omit "an approved provider", substitute "a person who is or has been 4 an approved provider (the approved provider or former approved 5 provider)". 6 171 Paragraph 10(1)(b) 7 After "the approved provider", insert "or former approved provider". 8 172 Subsection 10(2) 9 After "the approved provider" (wherever occurring), insert "or former 10 approved provider". 11 173 Subsection 11(1) 12 After "the approved provider" (wherever occurring), insert "or former 13 approved provider". 14 174 Subsection 12(1) 15 Omit "an approved provider", substitute "a person who is or has been 16 an approved provider (the approved provider or former approved 17 provider)". 18 175 Subsection 12(1) 19 After "the approved provider" (wherever occurring), insert "or former 20 approved provider". 21 176 Paragraph 12(2)(b) 22 Omit "at the time that bond balance became an outstanding bond 23 balance", substitute "at the time the Secretary makes the 24 determination". 25 177 Paragraph 12(2)(d) 26 After "the approved provider", insert "or former approved provider". 27 178 At the end of section 12 28 Add: 44 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] Amend ments Part 1 1 Where all or part of a refund is clawed back as a result of 2 insolvency or bankruptcy 3 (3) If: 4 (a) before the determination is made, part of a bond balance is 5 refunded; and 6 (b) in a case where the approved provider or former approved 7 provider is a corporation: 8 (i) a transaction under which the refund took place is a 9 voidable transaction under subsection 588FE(2), (2A) or 10 (2B) of the Corporations Act 2001; and 11 (ii) the liquidator takes action, including but not limited to 12 the making of an application under section 588FF of 13 that Act, as a result of which the person to whom the 14 refund was made does not retain the value of the refund, 15 or part of the value of the refund; and 16 (c) in a case where the approved provider or former approved 17 provider is not a corporation: 18 (i) a transfer of any property for the purposes of giving the 19 refund is void under section 122 of the Bankruptcy Act 20 1966; and 21 (ii) the trustee in bankruptcy takes action as a result of 22 which the person to whom the refund was made does 23 not retain the value of the refund, or part of the value of 24 the refund; 25 then, for the purposes of paragraph (2)(b), to the extent that the 26 person to whom the refund was made does not retain the value of 27 the refund, the refund is taken not to have been made. 28 179 Subsection 13(1) 29 Omit "an approved provider", substitute "a person who is or has been 30 an approved provider (the approved provider or former approved 31 provider)". 32 180 Paragraph 13(2)(b) 33 After "the approved provider", insert "or former approved provider". 34 181 After section 13 35 Insert: Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 45 [Page Break] Part 1 A mend ments 1 13A Additional refund declaration whe re refund by approved 2 provide r or forme r approved provider void or voidable 3 (1) This section applies if: 4 (a) a person who is or has been an approved provider (an 5 approved provider or former approved provider) refunds 6 part of the bond balance in relation to a bond (the initial 7 refund); and 8 (b) after the initial refund, the Secretary, under paragraph 9 12(2)(b), determines in respect of the outstanding bond 10 balance of the approved provider or former approved 11 provider in relation to the bond, the amount that the Secretary 12 considers is equal to the amount of the bond balance that has 13 not been refunded at the time the Secretary makes the 14 determination; and 15 (c) a refund declaration is made under section 13 in reliance on 16 that determination; and 17 (d) in a case where the approved provider or former approved 18 provider is a corporation: 19 (i) a transaction under which the initial refund took place is 20 a voidable transaction under subsection 588FE(2), (2A) 21 or (2B) of the Corporations Act 2001; and 22 (ii) the liquidator takes action, including but not limited to 23 the making of an application under section 588FF of 24 that Act, as a result of which the person to whom the 25 initial refund was made does not retain the value of the 26 initial refund, or part of the value of the initial refund; 27 and 28 (e) in a case where the approved provider or former approved 29 provider is not a corporation: 30 (i) a transfer of any property for the purposes of giving the 31 initial refund is void under section 122 of the 32 Bankruptcy Act 1966; and 33 (ii) the trustee in bankruptcy takes action as a result of 34 which the person to whom the initial refund was made 35 does not retain the value of the initial refund, or part of 36 the value of the initial refund. 37 (2) The Secretary may: 46 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] Amend ments Part 1 1 (a) determine the amount that the Secretary considers is equal to 2 the amount of the value of the initial refund that has not been 3 retained by the person to whom it was made; and 4 (b) as soon as practicable after the Secretary has determined that 5 matter, make another refund declaration relating to the 6 outstanding bond balance. 7 (3) The refund declaration must: 8 (a) be in writing; and 9 (b) specify the approved provider or former approved provider 10 who has not refunded all, or part, of the relevant outstanding 11 bond balance; and 12 (c) declare that the Commonwealth is to pay an amount equal to 13 the amount determined under paragraph (2)(a). 14 (4) The refund declaration is not a legislative instrument. 15 182 Paragraph 14(1)(b) 16 After "the approved provider", insert "or former approved provider". 17 183 Section 15 18 After "the approved provider", insert "or former approved provider". 19 184 Section 15 (note) 20 After "the approved provider", insert "or former approved provider". 21 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 47 [Page Break] Part 2 Application and transitional provisions 1 2 Part 2--Application and transitional provisions 3 185 Interpretation 4 (1) In this Part: 5 commencing day means 1 January 2009. 6 transition day means the day immediately after the end of the transition 7 period. 8 transition period means a period of 6 months beginning at the start of 9 the commencing day. 10 (2) Subject to subitem (1), an expression used in this Part that is also used 11 in the Aged Care Act 1997 has the same meaning in this Part as it has in 12 that Act. 13 186 Application of amendments to existing approved 14 providers 15 (1) If, immediately before the commencing day, a person is an approved 16 provider, the approved provider amendments do not apply in relation to 17 the person during the transition period. 18 (2) On the transition day, the approval of the person is taken to be in 19 respect of: 20 (a) for types of aged care: 21 (i) if, immediately before the transition day, the approval 22 was in respect of all types of aged care--all types of 23 aged care; and 24 (ii) if, immediately before the transition day, the approval 25 was limited to a specified type or types of aged care-- 26 that type or those types of aged care; and 27 (b) for aged care services: 28 (i) each aged care service in respect of which an allocation 29 of a place to the person in respect of the aged care 30 service is in effect (whether because the place was 31 originally allocated to the person or because of a 32 transfer); or 33 (ii) each aged care service in respect of which a provisional 34 allocation of a place to the person in respect of the aged 48 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] Application and transitional provisions Part 2 1 care service is in force (whether because the place was 2 originally allocated to the person but the allocation has 3 not yet taken effect or because of a transfer). 4 (3) The approval of the person in relation to any other service is taken to 5 cease at the start of the transition day. However, the obligation under 6 section 57-21AA of the Aged Care Act 1997, inserted by the 7 amendment made in item 102, does not apply in relation to 8 accommodation bond balances in respect of accommodation bonds paid 9 for entry to such a service before the transition day. 10 (4) In this item, the approved provider amendments are the amendments 11 made by items 1, 24 to 26, 89 to 92, 113, 120, 121 and 123. 12 187 Application of amendments relating to approval of 13 persons as providers of aged care 14 The amendments made by items 2, 8 and 9 apply to the approval of a 15 person as a provider of aged care where the approval is given on or after 16 the commencing day. 17 188 Application of key personnel amendments 18 (1) The amendments made by items 3, 4, 5 and 6 apply in relation to an 19 application for the approval of a person as a provider of aged care made 20 on or after the commencing day. 21 (2) Despite the amendment made by item 7, a person who is an approved 22 provider immediately before the commencing day is not required to 23 notify the Secretary until the transition day of a change in key personnel 24 that is only a change in key personnel because of the amendment made 25 by that item. 26 (3) The amendment made by item 14 applies in relation to a change in key 27 personnel that occurs on or after the commencing day. 28 (4) The amendments made by items 63 and 64 apply to applications for 29 transfer of allocated places made on or after the commencing day. 30 (5) The amendments made by items 72 to 75 apply in relation to 31 applications for extra service status made on or after the commencing 32 day. Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 49 [Page Break] Part 2 Application and transitional provisions 1 (6) The amendments made by items 79 to 81 apply to applications for 2 certification of a residential care service made on or after the 3 commencing day. 4 189 Application of amendments relating to revocation of a 5 provider's approval on request 6 The amendments made by items 10, 12, 22, 27 and 122 do not apply if 7 the request is made before the commencing day by an approved 8 provider to revoke its approval. 9 190 Application of amendments relating to matters materially 10 affecting a person's suitability to provide aged care 11 The amendments made by items 11 and 114 apply to the approval of a 12 person as a provider of aged care where the approval is given on or after 13 the commencing day. 14 191 Application of amendment applying to notice of certain 15 changes 16 The amendment made by item 15 applies to a person who has been 17 approved as a provider of aged care on or after the commencing day. 18 192 Application of amendment relating to applications for 19 allocation of places 20 The amendment made by item 28 applies in relation to an application 21 for an allocation of places made on or after the commencing day. 22 193 Application of amendments relating to allocation of 23 places 24 The amendments made by items 29 to 51 apply to an allocation of 25 places made on or after the commencing day. 26 194 Application of amendments relating to lapsing of 27 approval as a recipient of aged care 28 The amendments made by items 69 and 70 apply on and from 1 July 29 2009. 30 195 Application of amendments relating to extra service 31 status 50 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 [Page Break] Application and transitional provisions Part 2 1 The amendments made by items 76 to 78 apply to applications for extra 2 service status made on or after the commencing day. 3 196 Application of amendments relating to working out 4 residential care subsidy 5 (1) The amendments made by items 83 to 88 apply for the purposes of 6 working out the amount of residential care subsidy payable to an 7 approved provider for the provision of residential care through a 8 residential care service to a care recipient in respect of a payment period 9 that begins on or after the commencing day. 10 (2) Nothing in items 93 to 100 affects a determination made before the 11 commencing day under subsection 57-14(1) of the Aged Care Act 1997 12 (as in force immediately before the commencing day), or anything done 13 in relation to or in reliance upon such a determination. 14 (3) Nothing in item 105, 106, 107, 108, 109, 110 or 111 affects a 15 determination made before the commencing day under subsection 16 57A-9(1) of the Aged Care Act 1997 (as in force immediately before the 17 commencing day), or anything done in relation to or in reliance upon 18 such a determination. 19 (4) The amendments made by items 126 and 127 apply in relation to a 20 refusal to make a determination on or after the commencing day under 21 paragraph 57-14(1)(a) or (b) of the Aged Care Act 1997 (as in force at 22 that time). 23 (5) The amendments made by items 128 and 129 apply in relation to a 24 refusal to make a determination on or after the commencing day under 25 paragraph 57A-9(1)(a) or (b) of the Aged Care Act 1997 (as in force at 26 that time). 27 197 Application of amendment relating to refund of 28 accommodation bond 29 The amendment made by item 101 applies where the care recipient 30 ceases to be provided with care by a residential care service or a flexible 31 care service in a residential setting on or after the commencing day. 32 198 Application of amendments relating to refund of bonds 33 by former approved providers 34 The amendments made by items 102 to 104 apply where a person 35 ceases to be an approved provider on or after the commencing day. Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008 51 [Page Break] Part 2 Application and transitional provisions 1 199 Application of amendments relating to the imposition of 2 sanctions 3 (1) The amendments made by items 115, 116, 117 and 118 apply in relation 4 to decisions made on or after the commencing day on whether it is 5 appropriate to impose sanctions on an approved provider for 6 non-compliance with one or more of its responsibilities under Part 4.1, 7 4.2 or 4.3 of the Aged Care Act 1997 (as in force at that time). 8 (2) The amendment made by item 119 applies to sanctions imposed on or 9 after the commencing day on an approved provider that has not 10 complied, or is not complying, with one or more of its responsibilities 11 under Part 4.1, 4.2 or 4.3 of that Act (as in force at that time). 12 200 Application of amendments dealing with sanctions 13 The repeal of paragraph 66-1(c) in item 119 does not affect the validity 14 of any restriction imposed under that paragraph before its repeal. 15 201 Application of amendment of definition of 16 accommodation bond 17 The amendment made by item 135 applies in relation to amounts of 18 money that are paid or payable on or after the transition day. 19 202 Application of amendments relating to refund 20 declarations 21 The amendments made by items 142, 152, 176, 178 and 181 apply in 22 relation to the determination of matters on or after the commencing day. 23 203 Application of amendment relating to insolvency event 24 declarations 25 The amendment made by item 169 applies in relation to insolvency 26 events that occur on or after the commencing day. 52 Aged Care Amendment (2008 Measures No. 2) Bill 2008 No. , 2008