Aged Care Legislation Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures)

This item inserts a new Division 3A to establish the Aboriginal and Torres Strait Islander Aged Care Commissioner and its functions. Aboriginal and Torres Strait Islander Aged Care Commissioner New subsection 361A(1) establishes the Aboriginal and Torres Strait Islander Aged Care Commissioner. New subsection (2) provides that the Aboriginal and Torres Strait Islander Aged Care Commissioner is to be appointed by the Minister by written Instrument. New subsection (3) provides that the Aboriginal and Torres Strait Islander Aged Care Commissioner will hold office for a specified period and tha

New section 361C provides that the Aboriginal and Torres Strait Islander Aged Care Commissioner’s functions are as follows: to advise on, and develop with the System Governor, the strategic direction to improve and expand the access of Aboriginal and Torres Strait Islander people to funded aged care services to provide the System Governor advice on matters relating to access to, or the provision of, funded aged care services to Aboriginal and Torres Strait Islander people to promote, and advocate for the incorporation of, the views, needs and experiences of Aboriginal and Torres Strait Isla

2 At the end of section 12 Local government authorities (3) However, a person is not a responsible person of a registered provider under paragraph (1)(a) or (b) if: (a) the registered provider is a local government authority; and (b) the person is an elected member of the local government authority. 3 Application The amendment made by this Part applies on or after the commencement of this item, whether the person is a registered provider or is elected before, on or after that commencement.

14 After subsection 273(2) (2A) If a determination is not in effect under section 314 in relation to the individual’s individual contribution rate: (a) the registered provider and the individual may, in writing, agree on an interim individual contribution rate; and (b) if they do—the method statement in subsection (2) applies as if a reference to the individual contribution rate were a reference to the agreed interim individual contribution rate. (2B) For the purposes of paragraph (2A)(a), the registered provider and the individual may consider, without limitation, the individual’s persona

15 After section 273 273AA Refunding overpayments of individual contributions (1) A registered provider must refund an overpayment of an individual contribution in accordance with the rules. (2) Without limiting subsection (1), the rules may make provision for and in relation to the following: (a) circumstances in which an overpayment of an individual contribution must be refunded; (b) the amount to be refunded; (c) the period in which the refund must be made; (d) any other requirements or matters relating to refunding an overpayment of an individual contribution.

Subdivision AA—Payments of subsidy for home support, assistive technology and home modifications in advance of claims 253A Payments of subsidy in advance of claims Subsidy that would have been payable to a registered provider under section 250 if the registered provider had given the System Governor a claim for that subsidy in accordance with section 251 is also payable by the Commonwealth to the registered provider under that section if: (a) the registered provider gives the System Governor a request for that subsidy in accordance with subsection 253B(1); and (b) the System Governor appro

89‑5 Circumstances in which decisions resume being in effect for a period (1) For the purposes of subsection 89(2) of the Act, this section prescribes circumstances in which a decision under subsection 86(1) of the Act about an individual’s priority category for a classification type for a service group that has ceased to have effect under subsection 89(1) of the Act resumes being in effect for a period. Place allocated but taken to be withdrawn—service groups home support, assistive technology and home modifications (2) A decision about an individual’s priority category for a classificatio