Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Part, unless the contrary intention appears:
"additional exempt bed fee" , in relation to each exempt bed in a nursing home means:
(a) unless paragraph (b) applies--the amount that was, under paragraph 39AB(3)(a), included in the information accompanying the application for exempt bed status for each of those beds as the amount that the proprietor proposed to charge in respect of nursing home patients occupying any such bed, if those beds were granted exempt status, in addition to the reference fee that would be applicable to that patient in that bed; and
(b) if that amount has been redetermined by the proprietor of that nursing home under subsection 40AD(1BB)--the amount as so redetermined or as last so redetermined.
"approved operator" means a person in relation to whom an approval under section 39BA was, immediately before the commencement of the Aged Care Act 1997 (other than Division 1 of that Act), in force.
"assessed annual infrastructure cost" , in relation to an approved nursing home, means the annual infrastructure cost of that nursing home determined in accordance with principles formulated under subsection 40AA(7).
"authorised" means authorised, in writing, by the Minister.
"Clas" s 1 nursing home means an approved nursing home that:
(a) was approved under this Act before 1 July 1987;
(b) became a transferred home on 1 July 1987 by virtue of section 4 of the Nursing Homes and Hostels Legislation Amendment Act 1987 ;
(c) was approved under this Act on or after 1 July 1987 following the issue, before 1 April 1987, of a certificate under subsection 39A(2) of this Act or subsection 3A(2) of the Nursing Homes Assistance Act 1974 ; or
(d) was approved under this Act on or after 1 July 1987 where:
(i) an application for a certificate under subsection 39A(2) of this Act or subsection 3A(2) of the Nursing Homes Assistance Act 1974 was made before 1 July 1987;
(ii) the object of the proposal to which the application related was to transfer to the nursing home an approval under the Nursing Homes Assistance Act 1974 or this Act in respect of another nursing home conducted by the same proprietor on the same or a different site; and
(iii) a certificate under subsection 39A(2) or (2A) was issued on or after 1 July 1987.
Class 2 nursing home means an approved nursing home, other than a Class 1 nursing home.
"Commonwealth benefit" means an amount payable by the Commonwealth by way of benefit in accordance with Part VA.
"estimated daily average bed number" , in relation to an approved nursing home for a financial year, means the estimated daily average number of beds in the nursing home to be occupied during the financial year determined in accordance with principles formulated under subsection 40AA(7).
"exempt bed" means a bed that has been granted status as an exempt bed under section 39AB or 39AD.
"hospital leave" , in relation to a patient in an approved nursing home, means any period of absence when the patient is required to be absent from the nursing home because the patient has to be, is, or has been, in attendance at a hospital for the purpose of receiving hospital treatment.
"lowest classification" , in relation to a patient in an approved nursing home, means the classification that represents the lowest degree of need of nursing and personal care.
"maximum bed number" , in relation to a State or Territory in relation to a relevant period, means the number specified in a notice in force under subsection 39AA(1) as the maximum bed number for that State or Territory for that period.
"maximum ordinary bed number" , in relation to a region within a State or Territory in relation to a relevant period, means the number specified in a notice in force under subsection 39AA(2) as the maximum ordinary bed number for that region for that period.
"maximum special bed number" , in relation to a State or Territory in relation to a relevant period, means the number specified in a notice in force under subsection 39AA(3) as the maximum special bed number for that State or Territory for that period.
"notional fee" , in relation to the provision of nursing home care (other than care of a kind in respect of which benefit is paid under section 48B, 48C, 48D, 48E or 49) to an approved nursing home patient in an approved nursing home (other than a Government nursing home or a nursing home for disabled people) on a particular day, means the fee applicable in respect of the provision of nursing home care to the patient on that day in accordance with the scale of fees determined by the Secretary under section 46D.
"reference fee" , in relation to a nursing home patient in an exempt bed in a nursing home, means:
(a) unless paragraph (b) applies:
(i) where that patient is a patient in a Class 2 nursing home--the notional fee that would apply to that patient and that nursing home if the beds in that nursing home were not exempt beds; and
(ii) where the patient is a patient of a Class 1 nursing home--the fee determined by the Minister, having regard to the amount that would be the notional fee applying to that patient and that nursing home if that nursing home were a Class 2 nursing home and if the beds in that nursing home were not exempt beds; and
(b) if that fee or amount has been redetermined under subsection 40AD(1BH)--the fee or amount as so redetermined or as last so redetermined.
(a) the period commencing on 1 December 1986 and ending on 30 June 1987;
(b) the year commencing on 1 July 1987; or
(c) a succeeding year.
"special needs group" means a class of persons determined by the Minister, in writing, to be a special needs group for the purposes of this definition.