Commonwealth Consolidated Acts Commonwealth Consolidated ActsNote: Section 1 - 3 describes how asterisks are used to identify terms that are defined in this Act.
In this Act, unless the contrary intention appears:
"accommodation agreement" means an agreement that meets the requirements set out in section 52F - 3.
"accommodation bond" , in relation to a person, means an amount of money that does not accrue daily and is paid or payable to an approved provider by the person for the person's * entry to a residential care service or flexible care service through which care is, or is to be, provided by the approved provider, and in respect of which the approved provider holds an allocation of * places.
Note: This Act contains rules about accommodation bonds, which are paid under the Aged Care (Transitional Provisions) Act 1997 .
"accommodation bond balance" , in relation to an * accommodation bond (other than an accommodation bond that is to be paid by periodic payments), is, at a particular time, an amount equal to the difference between:
(a) the amount of the accommodation bond; and
(b) any amounts that have been, or are permitted to be, deducted under this Act or the Aged Care (Transitional Provisions) Act 1997 as at that time.
"accommodation charge" , in relation to a person, means an amount of money that accrues daily and is paid or payable to an approved provider by the person for the person's * entry to a residential care service or flexible care service through which care is, or is to be, provided by the approved provider.
Note: This Act contains rules about accommodation charges, which are paid under the Aged Care (Transitional Provisions) Act 1997 .
"accommodation contribution" means a contribution paid for accommodation provided with residential care.
"accommodation payment" means payment for accommodation provided with residential care or flexible care.
"accommodation supplement" means the supplement referred to in section 44 - 28.
"accreditation requirement" means a requirement set out in section 42 - 4.
"acquisition of property" has the same meaning as in paragraph 51(xxxi) of the Constitution.
"advocacy grant" means a grant payable under Part 5.5.
"aged care" means care of one or more of the following types:
(a) residential care;
(b) home care;
(c) flexible care.
"aged care service" means an undertaking through which * aged care is provided.
"aged care worker" of an approved provider has the same meaning as in the * Quality and Safety Commission Act.
"approved provider" has the same meaning as in the * Quality and Safety Commission Act.
"assurance review" : see section 95BA - 1.
"Australia" , when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
"authorised officer" means a person appointed as an authorised officer under subsection 94 - 2(1).
"available for allocation" , in relation to a place, means determined by the Minister under section 12 - 3 to be available for allocation.
"basic age pension amount" means the annual maximum basic rate under point 1064 - B1 of the Social Security Act 1991 that applies to a person who is not a member of a couple within the meaning of that section.
"capital repayment deduction" is an amount deducted, in accordance with section 43 - 6, from an amount of * residential care subsidy otherwise payable under Division 43.
"capital works costs" is defined in section 70 - 3.
"care" means services, or accommodation and services, provided to a person whose physical, mental or social functioning is affected to such a degree that the person cannot maintain himself or herself independently.
"Chief Executive Centrelink" has the same meaning as in the Human Services (Centrelink) Act 1997 .
"Chief Executive Medicare" has the same meaning as in the Human Services (Medicare) Act 1973 .
"civil penalty provision" has the same meaning as in the * Regulatory Powers Act.
"classification level" , in relation to a person, means the classification level to which the person has been classified under Part 2.4 or Part 2.4A.
"close relation" has the meaning given in section 44 - 26B.
"Code of Conduct" has the same meaning as in the * Quality and Safety Commission Act.
"combined care subsidy reduction" means a care subsidy reduction under section 44 - 21 or 48 - 7.
"Commonwealth portion" of a care recipient's * unspent home care amount has the meaning given by the User Rights Principles.
"community visitors grant" means a grant payable under Part 5.6.
"continuing care recipient" means:
(a) a * continuing residential care recipient; or
(b) a * continuing home care recipient; or
(c) a * continuing flexible care recipient.
"continuing flexible care recipient" means a person who:
(a) * entered a flexible care service before 1 July 2014; and
(b) has not:
(i) ceased to be provided with flexible care by a flexible care service for a continuous period of more than 28 days (other than because the person is on * leave); or
(ii) before moving to another flexible care service, made a written choice, in accordance with the Fees and Payments Principles, to be covered by Chapters 3 and 3A of this Act in relation to the other service.
"continuing home care recipient" means a person who:
(a) * entered a home care service before 1 July 2014; and
(b) has not:
(i) ceased to be provided with home care by a home care service for a continuous period of more than 28 days (other than because the person is on * leave); or
(ii) before moving to another home care service, made a written choice, in accordance with the Fees and Payments Principles, to be covered by Chapters 3 and 3A of this Act in relation to the other service.
"continuing residential care recipient" means a person who:
(a) * entered a residential care service before 1 July 2014; and
(b) has not:
(i) ceased to be provided with residential care by a residential care service for a continuous period of more than 28 days (other than because the person is on * leave); or
(ii) before moving to another residential care service, made a written choice, in accordance with the Fees and Payments Principles, to be covered by Chapters 3 and 3A of this Act in relation to the other service.
"corporation" means a trading or financial corporation within the meaning of paragraph 51(xx) of the Constitution.
"daily accommodation contribution" means * accommodation contribution that:
(a) accrues daily; and
(b) is paid by periodic payment.
"daily accommodation payment" means * accommodation payment that:
(a) accrues daily; and
(b) is paid by periodic payment.
"daily payment" means:
(a) * daily accommodation payment; or
(b) * daily accommodation contribution.
"dependent child" has the meaning given in section 44 - 26B.
"distinct part" , in relation to a residential care service, has the meaning given by section 30 - 3.
"eligible flexible care service" has the meaning given by subsection 52F - 1(2).
"entry" , in relation to a person and an * aged care service, means the commencement of the provision of care to the person through that aged care service.
"entry contribution" , relating to a care recipient, means any payment, made before 1 October 1997, of money or other valuable consideration required by an * operator to be given or loaned in return for, or in contemplation of, * entry of the care recipient to a hostel (within the meaning of the Aged or Disabled Persons Care Act 1954 ).
"entry contribution balance" , in relation to an * entry contribution, is, at a particular time, an amount equal to the difference between the amount of the entry contribution and any amounts that have been, or are permitted to be, deducted under a * formal agreement as at that time.
"expiry date" , for a classification under Part 2.4, means the expiry date determined under section 27 - 2.
"extended hospital leave" , in relation to a care recipient provided with residential care, means:
(a) leave taken by the care recipient under subsection 42 - 2(2) for a continuous period of 30 days or more; and
(b) leave taken by the care recipient for a continuous period of 30 days or more, first under subsection 42 - 2(2) and later under subsection 42 - 2(3A).
"extra service agreement" means an agreement referred to in paragraph 36 - 1(1)(b).
"extra service place" has the meaning given by section 31 - 1.
"extra service status" means the extra service status referred to in paragraph 31 - 1(a).
"Federal Court" means the Federal Court of Australia.
"flexible care" has the meaning given by section 49 - 3.
"flexible care service" means an undertaking through which flexible care is provided.
"flexible care subsidy" means a subsidy payable under Part 3.3.
"formal agreement" means a legally binding agreement in writing, entered into before 1 October 1997, between:
(a) a care recipient; and
(b) an * operator.
"governing body" of an approved provider means:
(a) if the provider is a body corporate incorporated, or taken to be incorporated, under the Corporations Act 2001 --the board of directors of the provider; or
(b) otherwise--the group of persons responsible for the executive decisions of the provider.
"governing person" of an approved provider has the same meaning as in the * Quality and Safety Commission Act.
"home care" has the meaning given by section 45 - 3.
"home care account" means an account that arises under section 48 - 14.
"home care agreement" means an agreement referred to in section 61 - 1.
"home care credit" has the meaning given by section 48 - 15.
"home care debit" has the meaning given by section 48 - 16.
"home care service" means an undertaking through which home care is provided.
"home care subsidy" means a subsidy payable under Part 3.2.
"homeowner" has the meaning given in section 44 - 26B.
"identity card" , in relation to an * authorised officer, means an identity card issued to the officer under section 35 or 76 of the * Regulatory Powers Act.
"implementation day" means the day Part 1 of Schedule 1 to the Aged Care Legislation Amendment (Improved Home Care Payment Administration No. 2) Act 2021 commences.
"income support payment" means an income support payment within the meaning of subsection 23(1) of the Social Security Act 1991 .
"income support supplement" means an income support supplement under Part IIIA of the Veterans' Entitlements Act 1986 .
"Inspector-General of Aged Care" means the Inspector - General of Aged Care referred to in section 9 of the Inspector - General of Aged Care Act 2023 .
"just terms" has the same meaning as in paragraph 51(xxxi) of the Constitution.
"key personnel" of a person or body has the same meaning as in the * Quality and Safety Commission Act.
"leave" , in relation to a care recipient provided with residential care, has the meaning given by section 42 - 2.
"local government authority" has the same meaning as in the * Quality and Safety Commission Act.
"lowest applicable classification level" means the lowest applicable classification level for the purposes of subsection 25 - 2(3).
"maximum accommodation supplement amount" has the meaning given by subsection 44 - 21(6).
"maximum home value" has the meaning given by section 44 - 26B.
"means tested amount" has the meaning given by section 44 - 22.
"member of a couple" has the meaning given in section 44 - 26B.
"Military Rehabilitation and Compensation Commission" means the Military Rehabilitation and Compensation Commission established under section 361 of the Military Rehabilitation and Compensation Act 2004 .
"non-respite care" means residential care, or flexible care of a kind specified in the Classification Principles for the purposes of paragraph 29C - 1(b), other than respite care.
"operator" means an organisation that was approved for the payment of financial assistance by way of recurrent subsidy under section 10B of the Aged or Disabled Persons Care Act 1954 immediately before the commencement of this Act (other than Division 1).
"partner" has the meaning given in section 44 - 26B.
"payment period" :
(a) in relation to residential care: see section 43 - 2; and
(b) in relation to home care: see section 47 - 2.
"people with special needs" has the meaning given in section 11 - 3.
"permitted" : for when the use of a * refundable deposit or an * accommodation bond is permitted , see section 52N - 1.
"personal information" has the same meaning as in the Privacy Act 1988 .
"place" means a capacity within an * aged care service for provision of residential care or flexible care to an individual.
"pre-allocation lump sum" has the meaning given by subsection 14 - 5(6).
"pre-entry leave" has the meaning given in subsection 42 - 3(3).
"Pricing Authority" has the same meaning as in the National Health Reform Act 2011 .
"prioritised home care recipient" means a person in relation to whom a determination under section 23B - 1 is in effect.
"protected entity" has the meaning given by subsection 54 - 11(3).
"protected information" has the meaning given by section 86 - 1.
"provide" , in relation to care, includes the meaning given by section 96 - 4.
"provisional allocation" means an allocation of * places under Division 14 that has not taken effect under subsection 15 - 1(1).
"provisional allocation period" means the period referred to in section 15 - 7, at the end of which a * provisional allocation lapses.
"provisionally allocated" : a * place is provisionally allocated if it is a place in relation to which a * provisional allocation is in force under Division 15.
"Quality and Safety Commission" means the Aged Care Quality and Safety Commission established by section 11 of the * Quality and Safety Commission Act.
"Quality and Safety Commission Act" means the Aged Care Quality and Safety Commission Act 2018 .
"Quality and Safety Commissioner" means the Commissioner of the * Quality and Safety Commission.
"recoverable amount" has the meaning given in section 95 - 1.
"refundable accommodation contribution" means * accommodation contribution that:
(a) does not accrue daily; and
(b) is paid as a lump sum.
"refundable accommodation deposit" means * accommodation payment that:
(a) does not accrue daily; and
(b) is paid as a lump sum.
"refundable deposit" means:
(a) a * refundable accommodation deposit; or
(b) a * refundable accommodation contribution.
"refundable deposit balance" , in relation to a * refundable deposit is, at a particular time, an amount equal to the difference between:
(a) the amount of the refundable deposit; and
(b) any amounts that have been, or are permitted to be, deducted at the time from the refundable deposit under this Act as at that time.
"region" , in respect of a type of subsidy under Chapter 3, means a region for the purposes of section 12 - 6.
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
"relinquish" , in relation to a * place, means:
(a) no longer conduct an * aged care service that includes that place; or
(b) no longer include that place in an aged care service that continues to be conducted;
but does not include a transfer of the place under Division 16.
"Repatriation Commission" means the Repatriation Commission continued in existence by section 179 of the Veterans' Entitlements Act 1986 .
"reportable incident" has the meaning given by subsections 54 - 3(2) and (5).
"reporting period" for an approved provider has the meaning given by subsection 63 - 1G(3).
"resident agreement" means an agreement referred to in section 59 - 1.
"residential care" has the meaning given by section 41 - 3.
"residential care grant" means a grant payable under Part 5.1.
"residential care service" means an undertaking through which residential care is provided.
"residential care subsidy" means a subsidy payable under Part 3.1.
"respite care" means residential care or flexible care (as the case requires) provided as an alternative care arrangement with the primary purpose of giving a carer or a care recipient a short - term break from their usual care arrangement. However, it does not include residential care provided through a residential care service while the care recipient in question is on * leave under section 42 - 2 from another residential care service.
"restrictive practice" , in relation to a care recipient, has the meaning given by section 54 - 9.
"reviewable decision" has the meaning given in section 85 - 1.
"search powers" has the meaning given by section 91 - 3.
"Secretary" means the Secretary of the Department.
"service pension" has the same meaning as in subsection 5Q(1) of the Veterans' Entitlements Act 1986 .
"staff member" of an approved provider means an individual who is employed, hired, retained or contracted by the approved provider (whether directly or through an employment or recruiting agency) to provide care or other services.
"start-date year" , for a care recipient, means a year beginning on:
(a) the day on which the care recipient first * entered an aged care service other than as a * continuing care recipient; or
(b) an anniversary of that day.
"State or Territory authority" has the same meaning as in the * Quality and Safety Commission Act.
"subsidy" means subsidy paid under Chapter 3 of this Act or under Chapter 3 of the Aged Care (Transitional Provisions) Act 1997 .
"suitability matter" in relation to an individual has the same meaning as in the * Quality and Safety Commission Act.
"total assessable income" has the meaning given in section 44 - 24.
"total assessable income free area" has the meaning given in section 44 - 26.
"transition day" means the day Schedule 1 to the Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022 commences.
"unregulated lump sum" has the meaning given by the Aged Care (Accommodation Payment Security) Act 2006 .
"unregulated lump sum balance" has the meaning given by the Aged Care (Accommodation Payment Security) Act 2006 .
"unspent home care amount" of a care recipient has the meaning given by the User Rights Principles.
"veteran payment" means a veteran payment made under an
instrument made under section 45SB of the
Veterans' Entitlements Act 1986 .