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AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 2

Interpretation

(1)
In this Act, unless the contrary intention appears:

"aged person" means a person who has attained the age of 60 years.

"approved", in relation to a hostel, has the meaning given in subsection (1AA) of this section.

"approved operator" means an organisation in relation to which an approval under section 10AB was, immediately before the commencement of the Aged Care Act 1997 (other than Division 1 of that Act), in force.

"approved provider" means an organisation in relation to which an approval under section 10GC was, immediately before the commencement of the Aged Care Act 1997 (other than Division 1 of that Act), in force.

"building" includes a part of a building and an addition to a building.

"capital works costs", in relation to a hostel, include, but are not limited to, the following costs:

(a)
the cost of acquiring the land on which the hostel premises are, or are to be, built;
(b)
the cost of acquiring, erecting, altering or extending the hostel premises;
(c)
the cost of acquiring furniture, fittings or equipment for, or altering or installing furniture, fittings, or equipment on, the hostel premises;

but, if those hostel premises are, or will be, part of larger premises, another part of which is not, or will not be, a hostel, do not include any costs that the Minister considers are attributable to the other part of the larger premises.

"capital works costs", in relation to a nursing home, include, but are not limited to, the following costs:

(a)
the cost of acquiring the land on which the nursing home premises are, or are to be, built;
(b)
the cost of acquiring, erecting, altering or extending the nursing home premises;
(c)
the cost of acquiring furniture, fittings or equipment for, or altering or installing furniture, fittings or equipment on, the nursing home premises;

but, if those nursing home premises are, or will be, part of larger premises, another part of which is not, or will not be, nursing home premises, do not include any costs that the Minister considers are attributable to the other part of the larger premises.

"care service standards" means the standards set out in the General Conditions as standards to be met in the provision of hostel care services and personal care services.

"care services" means hostel care services and personal care services.

"community aged care services" means care services that:

(a)
are provided to maintain a person in his or her own home; and
(b)
are of a kind in relation to which an approval under section 10GA is in force.
"Community Aged Care Services General Conditions" means the conditions formulated under section 10GI.

"community aged care services package" means the combination of community aged care services that are to be provided to an eligible person by an organisation.

"disabled person" means a person who has attained the age of 16 years and who is:

(a)
permanently blind; or
(b)
permanently incapacitated for work.
"eligible person" means:

(a)
an aged or disabled person who is assessed as requiring:
(i)
hostel care services; or
(ii)
hostel care services and personal care services;
(b)
a person who was residing with a person referred to in paragraph (a) prior to the time at which that last-mentioned person commenced to receive such services otherwise than on a temporary basis and who intends to continue to reside with that person after that time; and
(c)
an aged or disabled person:
(i)
who wishes to avail himself or herself, on a temporary basis, of hostel care services; or
(ii)
who wishes to avail himself or herself, on a temporary basis, of hostel care services and personal care services and who is assessed as requiring such services; and
(d)
an aged or disabled person who:
(i)
is assessed as requiring community aged care services; and
(ii)
is not living in:

(A) a hostel; or
(B) a hospital; or
(C) a nursing home within the meaning of the National Health Act 1953 or the Nursing Homes Assistance Act 1974 ; or
(D) an institution carried on exclusively or primarily for the treatment of mentally ill or mentally defective persons, being an institution conducted by, or in receipt of a grant for maintenance from, a State. financially disadvantaged person , except in section 9, means a person who, in accordance with the manner of identification provided for in the General Conditions has been identified as financially disadvantaged.

"General Conditions" means the General Conditions formulated under section 10F that were in force immediately before the commencement of the Aged Care Act 1997 (other than Division 1 of that Act).

"government authority" means an authority established by or under a law of the Commonwealth, a State or a Territory, but does not include a local governing body.

"hostel" means premises:

(a)
that are fitted, furnished and equipped for the purpose of providing:
(i)
relevant care services for persons who, by reason of age or disability, have a need for such services; and
(ii)
accommodation for persons who reside with the first-mentioned persons; and
(b)
in which such persons are accommodated exclusively for the purpose of receiving such services or accommodation, as the case may be;

but does not include:

(c)
a hospital;
(d)
a nursing home within the meaning of the National Health Act 1953 or the Nursing Homes Assistance Act 1974 ;
(e)
an institution carried on exclusively or primarily for the treatment of mentally ill or mentally defective persons, being an institution conducted by, or in receipt of a grant for maintenance from, a State.
"hostel care services" means accommodation services of a kind in relation to which an approval under subsection 10A(1) was, immediately before the commencement of the Aged Care Act 1997 (other than Division 1 of that Act), in force.

"hostel place" means a place in a hostel that is maintained by an organisation for one eligible person, whether separately or in company with another eligible person or other eligible persons, for the purpose of providing hostel care services and personal care services to that first-mentioned person.

"local governing body" means a local governing body established by or under a law of a State or Territory.

"Orders" means the Orders made by the Minister under section 10FH.

"organisation" means a person or a group of individuals.

"personal care services" means daily personal care services of a kind in relation to which an approval under subsection 10A(2) was, immediately before the commencement of the Aged Care Act 1997 (other than Division 1 of that Act), in force.

"relevant period" means:

(a)
for the purposes of Parts II and III, the period of 12 months beginning on 1 July 1989 or on 1 July of any subsequent year; and
(b)
for the purposes of Part IIIA:
(i)
the period of 6 months beginning on 1 January 1992; or
(ii)
the period of 12 months beginning on 1 July 1992 or on 1 July of any subsequent year.
"respite care place" means a hostel place of a kind that is maintained for one eligible person, whether separately or in company with another eligible person or other eligible persons, for the purpose of providing care services to that first-mentioned person.

"Secretary" means the Secretary to the Department.

(1AA)
A reference in this Act to a hostel being approved is a reference to an approval having been in force, or having been deemed to be in force, under section 10B, in respect of the hostel, immediately before the commencement of the Aged Care Act 1997 (other than Division 1 of that Act).

(1A)
A reference in this Act to an approved hostel place or to an approved respite care place shall be taken to be a reference to a hostel place or a respite care place, as the case requires, that is included within the number of hostel places or respite care places that are specified in an agreement under section 10FA, being an agreement that was, immediately before the commencement of the Aged Care Act 1997 (other than Division 1 of that Act), in force, as places in respect of which financial assistance by way of recurrent subsidy may, in accordance with Division 4 and that agreement, be payable.

(1B)
A reference in this Act to capital works costs associated with the acquisition or erection, the demolition and reconstruction, or the alteration or extension, of a hostel shall not be taken to exclude any capital works costs referred to in any paragraph of the definition of capital works costs , in relation to a hostel, that are reasonably incurred in connection with that acquisition or erection, that demolition or reconstruction, or that alteration or extension, as the case requires.

(2)
A reference in this Act to the Government of a State shall be read as including a reference to the Government of the Northern Territory.

(3)
Each of the following is an eligible organisation:

(a)
an organisation that is carried on otherwise than for the purpose of profit or gain to its individual members and is:
(i)
a religious organisation;
(ii)
an organisation the principal objects or purposes of which are charitable or benevolent;
(iii)
an organisation of former members of the Defence Force established in every State;
(iv)
a State branch of an organisation referred to in subparagraph (iii); or
(v)
an organisation approved by the Minister for the purposes of this Act;
(b)
a local governing body;
(c)
the trustee or trustees under a trust established by an organisation referred to in paragraph (a) or by a local governing body;
(d)
a corporation established by an organisation referred to in paragraph (a) or by a local governing body;
(e)
the trustee or trustees under a trust established for charitable purposes and approved by the Minister for the purposes of this Act.
(4)
Subsection (3) does not apply to an organisation to which subsection (5) applies.

(5)
An organisation to which this subsection applies is an eligible organisation in relation to a particular building or particular buildings, or a part of a particular building, if the Minister has, in writing, declared the organisation to be an eligible organisation in relation to the building or buildings, or part, as the case may be.

(6)
Subsection (5) applies to an organisation that:

(a)
is conducted or controlled by, or by persons appointed by, the Government of the Commonwealth or of a State; or
(b)
conducts, or has at any time conducted, a public hospital.

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