Commonwealth Numbered Acts

COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT 1987 No. 132 of 1987 - SECT 19

19. Sections 10C and 10D of the Principal Act are repealed and the following
sections are substituted: Financial assistance to approved organisations

"10C. (1) The Minister may in his or her discretion authorise the payment to
an approved organisation of financial assistance in respect of the provision
by the organisation of:

   (a)  hostel care services;

   (b)  hostel care services and personal care services; or

   (c)  respite care services.

"(2) An authorisation under subsection (1) shall be by written instrument.

"(3) Financial assistance shall not be paid under this Part in respect of the
provision of services at premises that are a nursing home within the meaning
of the National Health Act 1953 or the Nursing Homes Assistance Act  1974 .
Payments of financial assistance

"10D. (1) The amount of financial assistance to an organisation under this
Part is:

   (a)  in respect of each eligible person who is assessed as requiring hostel
        care services only and for whom hostel care services are made
        available by the organisation-an amount calculated at the rate of
        $2.10 per day or such higher rate as is determined by the Minister by
        written instrument;

   (b)  in respect of each eligible person who is assessed as requiring hostel
        care services and personal care services and for whom those services
        are made available by the organisation-an amount calculated at the
        rate of $11.85 per day or such higher rate as is determined by the
        Minister by written instrument; and

   (c)  in respect of each respite care bed provided by that approved
        organisation that is occupied by an eligible person-an amount
        calculated at the rate of $8.05 per day or such higher rate as is
        determined by the Minister by written instrument.

"(2) Without limiting the generality of subsection (1), the Minister may
determine a rate for the purpose of that subsection by determining a method of
calculating the rate.

"(3) Payments to an approved organisation under this Part shall be made in
such manner and at such times as the Minister determines. Conditions of
financial assistance

"10E. The payment of financial assistance under this Part is subject to:

   (a)  the General Conditions as in force from time to time; and

   (b)  such other conditions, not inconsistent with the General Conditions,
        as the Minister specifies in the instrument of authorisation under
        section 10C. General Conditions of recurrent grants

"10F. (1) The Minister shall, by written instrument, formulate General
Conditions of grants of financial assistance under this Part.

"(2) Conditions formulated under subsection (1) may include, but are not
limited to, conditions relating to any or all of the following matters:

   (a)  any matter relating to the provision by an approved organisation of
        services for eligible persons;

   (b)  the manner in which a person is to be assessed for the purposes of
        paragraph 10D (1) (a) or (b);

   (c)  the class or classes of persons to be accommodated at an approved
        hostel and, where there are to be 2 or more classes, the proportion of
        the residents at the hostel included in each class;

   (d)  the fees or charges payable by a person or class of persons for the
        provision of services;

   (e)  the furnishing of information;

   (f)  the rights and obligations of residents at an approved hostel;

   (g)  compliance by an approved organisation with provision by or under this
        Act, or any other law, relating to the management of an approved
        hostel;

   (h)  the standards to be met by the organisation in the provision of
        services; (j) the provision of certificates with respect to the
        fulfilment of conditions;

   (k)  the repayment of financial assistance;

   (m)  the giving of security for the repayment of financial assistance;

   (n)  the suspension or cancellation of payments of financial assistance in
        the event of breach of a condition to which the grant of the financial
        assistance is subject. Agreements

"10FA. (1) Where the Minister authorises the payment of financial assistance
to an organisation under this Part, the financial assistance is not payable to
the organisation unless the organisation has entered into an agreement with
the Minister that specifies the conditions to which the payment of financial
assistance is subject and under which the organisation agrees to comply with
those conditions.

"(2) Where:

   (a)  for the purposes of subsection (1), an organisation has entered into
        an agreement specifying conditions referred to in paragraph 10E (b);
        and

   (b)  the Minister, with the consent of the organisation, varies those
        conditions; the agreement shall be taken to be varied accordingly.
        Certain instruments to be subject to disallowance

"10FB. (1) In this section, 'Ministerial instrument' means:

   (a)  an instrument under subsection 10D (1); or

   (b)  General Conditions formulated under section 10F.

"(2) Part XII of the Acts Interpretation Act 1901 applies to Ministerial
instruments as if, in those provisions, references to regulations were
references to Ministerial instruments, references to a regulation were
references to a provision of a Ministerial instrument and references to repeal
were references to revocation.

"(3) Ministerial instruments shall not be taken to be statutory rules within
the meaning of the Statutory Rules Publication Act 1903, but subsections 5 (3)
to (3C) (inclusive) of that Act apply to Ministerial instruments as they apply
to statutory rules.

"(4) For the purposes of the application of subsection 5 (3B) of the Statutory
Rules Publication Act 1903 in accordance with subsection (3) of this section,
a reference in the first-mentioned subsection to a Minister shall be read as a
reference to the Minister administering this Act.

"(5) Section 5 of the Evidence Act 1905 applies to a Ministerial instrument as
that section applies to an order made by the Minister.".