Commonwealth: Aged Care (Living Longer Living Better) Act 2013 (Cth)

Aged Care (Living Longer Living Better) Act 2013 No. 76, 2013 Compilation No. 1 Compilation date: 5 March 2016 Includes amendments up to: Act No. 126, 2015 Registered: 8 March 2016 About this compilation This compilation This is a compilation of the Aged Care (Living Longer Living Better) Act 2013 that shows the text of the law as amended and in force on 5 March 2016 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self-repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 1 Short title 2 Commencement 3 Schedule(s) 4 Review of operation of amendments Schedule 1—Amendments commencing on 1 August 2013 Part 1—Amendments Aged Care Act 1997 Part 2—Transitional and savings provisions Schedule 2—Amendments commencing on 1 January 2014 Part 1—Amendments Aged Care Act 1997 Part 2—Transitional and savings provisions Schedule 3—Amendments commencing on 1 July 2014 Part 1—Amendments Aged Care Act 1997 Part 2—Transitional and savings provisions Schedule 4—Amendments of other Acts Part 1—Amendments commencing on 1 August 2013 A New Tax System (Goods and Services Tax) Act 1999 National Disability Insurance Scheme Act 2013 Part 2—Amendments commencing on 1 July 2014 A New Tax System (Goods and Services Tax) Act 1999 Health and Other Services (Compensation) Act 1995 Human Services (Medicare) Act 1973 Social Security Act 1991 Social Security (Administration) Act 1999 Veterans' Entitlements Act 1986 Schedule 5—Aged Care (Transitional Provisions) Act 1997 Part 1—Enactment Part 2—Amendments Aged Care (Transitional Provisions) Act 1997 Part 3—Transitional and savings provisions Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to amend the Aged Care Act 1997, and for related purposes 1 Short title This Act may be cited as the Aged Care (Living Longer Living Better) Act 2013. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 4 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 28 June 2013 2. Schedule 1 1 August 2013. 1 August 2013 3. Schedule 2, items 1 to 4 1 January 2014. 1 January 2014 3A. Schedule 2, item 5 1 August 2013. 1 August 2013 3B. Schedule 2, item 6 1 January 2014. 1 January 2014 3C. Schedule 2, items 7 to 11 1 August 2013. 1 August 2013 3D. Schedule 2, item 12 1 January 2014. 1 January 2014 3E. Schedule 2, items 13 and 14 1 August 2013. 1 August 2013 3F. Schedule 2, item 15 1 January 2014. 1 January 2014 3G. Schedule 2, items 16 and 16A 1 August 2013. 1 August 2013 3H. Schedule 2, item 17 1 January 2014. 1 January 2014 3J. Schedule 2, item 18 1 August 2013. 1 August 2013 3K. Schedule 2, items 19 to 21 1 January 2014. 1 January 2014 3L. Schedule 2, item 22 1 August 2013. 1 August 2013 3M. Schedule 2, item 23 1 January 2014. 1 January 2014 3N. Schedule 2, Part 2 1 August 2013. 1 August 2013 4. Schedule 3 1 July 2014. 1 July 2014 5. Schedule 4, Part 1 1 August 2013. 1 August 2013 6. Schedule 4, Part 2 1 July 2014. 1 July 2014 7. Schedule 5, Part 1 1 July 2014. 1 July 2014 8. Schedule 5, Parts 2 and 3 Immediately after the commencement of the provision(s) covered by table item 7. 1 July 2014 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. 4 Review of operation of amendments (1) The Minister must cause an independent review to be undertaken of the operation of the amendments made by: (a) this Act; and (b) the Aged Care (Bond Security) Amendment Act 2013; and (c) the Aged Care (Bond Security) Levy Amendment Act 2013. (2) The review must consider at least the following matters: (a) whether unmet demand for residential and home care places has been reduced; (b) whether the number and mix of places for residential care and home care should continue to be controlled; (c) whether further steps could be taken to change key aged care services from a supply driven model to a consumer demand driven model; (d) the effectiveness of means testing arrangements for aged care services, including an assessment of the alignment of charges across residential care and home care services; (e) the effectiveness of arrangements for regulating prices for aged care accommodation; (f) the effectiveness of arrangements for protecting equity of access to aged care services for different population groups; (g) the effectiveness of workforce strategies in aged care services, including strategies for the education, recruitment, retention and funding of aged care workers; (h) the effectiveness of arrangements for protecting refundable deposits and accommodation bonds; (i) the effectiveness of arrangements for facilitating access to aged care services; (j) any other related matter that the Minister specifies. (3) The review must make provision for public consultation and, in particular, must provide for consultation with: (a) approved providers; and (b) aged care workers; and (c) consumers; and (d) people with special needs; and (e) carers; and (f) representatives of consumers. (4) The review must be undertaken as soon as practicable after the end of the period of 3 years after the commencement of Schedule 1. (5) The person who undertakes the review must give the Minister a written report of the review within 12 months after the end of the 3 year period. (6) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of receiving it. Schedule 1—Amendments commencing on 1 August 2013 Part 1—Amendments Aged Care Act 1997 1 Subsection 1‑3(5) (table items 3 and 4) Omit "community", substitute "home". 2 Paragraph 3‑5(b) Repeal the paragraph. 3 Section 3‑6 Repeal the section. 4 Section 5‑2 (heading to table column headed "Community care subsidy") Omit "Community", substitute "Home". 5 Section 5‑2 (note 2) Repeal the note, substitute: Note 2: Allocation of funding for grants is dealt with in Chapter 5. 6 Paragraphs 11‑3(b) to (e) Repeal the paragraphs, substitute: (b) people from culturally and linguistically diverse backgrounds; (c) people who live in rural or remote areas; (d) people who are financially or socially disadvantaged; (e) veterans; (f) people who are homeless or at risk of becoming homeless; (g) care‑leavers; (ga) parents separated from their children by forced adoption or removal; (h) lesbian, gay, bisexual, transgender and intersex people; (i) people of a kind (if any) specified in the Allocation Principles. 7 Subsection 12‑3(2) Omit "in the Gazette", substitute "on the Department's website". 8 Subsection 12‑5(3) Repeal the subsection. 9 Subsection 12‑6(3) Omit "in the Gazette", substitute "on the Department's website". 10 Section 14‑2 Repeal the section, substitute: 14‑2 Competitive assessment of applications for allocations In deciding which allocation of *places would best meet the needs of the aged care community in the *region, the Secretary must consider, in relation to each application, the matters set out in the Allocation Principles. 11 At the end of subsection 14‑5(1) Add: Note: Approved providers have a responsibility under Part 4.3 to comply with the conditions to which the allocation is subject. Failure to comply with a responsibility can result in a sanction being imposed under Part 4.4. 12 Subsection 14‑5(4) Repeal the subsection. 13 Subsection 15‑7(7) Repeal the subsection. 14 Subsection 16‑9(2) Repeal the subsection. 15 Paragraph 16‑11(c) Omit "*community", substitute "*home". 16 Subsection 17‑2(3) Repeal the subsection. 17 At the end of subsection 18‑2(2) Add: ; (f) the approved provider's proposals for ensuring that the provider meets the provider's responsibilities for any: (i) *accommodation bond balance; or (ii) *entry contribution balance; held by the provider in respect of the places to be relinquished. 18 Paragraph 18‑5(1)(b) Omit "community" (wherever occurring), substitute "home". 19 Section 19‑1 Omit "community", substitute "home". 20 Section 19‑1 Omit "*community", substitute "*home". 21 Subsection 20‑1(2) Omit "community" (wherever occurring), substitute "home". 22 Subsection 20‑1(4) Omit "community" (wherever occurring), substitute "home". 23 Paragraph 21‑1(b) Omit "community", substitute "home". 24 Section 21‑3 (heading) Omit "community", substitute "home". 25 Section 21‑3 Omit "community", substitute "home". 26 Paragraph 21‑3(c) Omit "community", substitute "home". 27 Paragraph 22‑1(1)(b) Omit "community", substitute "home". 28 Subsection 22‑2(3) Repeal the subsection, substitute: (3) The Secretary may limit the approval to one or more levels of care. Note: Limitations of approvals to one or more levels of care are reviewable under Part 6.1. 29 Paragraph 22‑4(2)(b) Repeal the paragraph, substitute: (b) the person's eligibility to receive a specified level or levels of care. 30 Paragraph 22‑6(2)(c) Repeal the paragraph, substitute: (c) whether the approval is limited to a level or levels of care (see subsection 22‑2(3)); 31 Section 23‑1 Omit "community", substitute "home". 32 Paragraph 23‑3(2)(c) Omit "community", substitute "home". 33 Section 24‑1 (note) Omit "community", substitute "home". 34 Subsection 25‑2(5) Repeal the subsection. 35 Subsection 25‑4(1) After "27‑4", insert "at one or more *aged care services operated by the approved provider". 36 Paragraph 25‑4(1)(a) Omit "a substantial number of appraisals or reappraisals connected with classifications", substitute "an appraisal or reappraisal connected with a classification". 37 Paragraph 25‑4(1)(b) Omit "classifications made in connection with those appraisals or reappraisals were", substitute "classification was". 38 Paragraph 25‑4(1)(c) Repeal the paragraph, substitute: (c) the Secretary is satisfied that, after the classification was changed, the approved provider gave false, misleading or inaccurate information in another appraisal or reappraisal. 39 Subsection 25‑4(2) Repeal the subsection. 40 Paragraph 27‑3(1)(a) Omit "a substantial number of appraisals or reappraisals connected with classifications", substitute "an appraisal or reappraisal connected with a classification". 41 Paragraph 27‑3(1)(b) Omit "classifications made in connection with those appraisals or reappraisals were", substitute "classification was". 42 Paragraph 27‑3(1)(c) Repeal the paragraph, substitute: (c) the Secretary is satisfied that, after the classification was changed, the approved provider gave false, misleading or inaccurate information in another appraisal or reappraisal; 43 Subsection 27‑3(2) Repeal the subsection. 44 Subsection 32‑7(2) Omit "in the Gazette", substitute "on the Department's website". 45 Subsection 32‑8(5) Repeal the subsection. 46 Section 39‑2 Before "The", insert "(1)". 47 At the end of section 39‑2 Add: (2) Subsection (1) does not apply in relation to a temporary change in location if the Secretary is satisfied that exceptional circumstances exist. 48 Subsections 39‑3(1) and (2) Repeal the subsections, substitute: (1) If: (a) the Secretary is satisfied that an approved provider's residential care service has ceased to be suitable for *certification; or (b) the Secretary is satisfied that the approved provider's application for certification of the service contained information that was false or misleading in a material particular; the Secretary must notify the approved provider that the Secretary is considering revoking the certification. Note: Certification may also be revoked as a sanction under Part 4.4. (2) The notice must be in writing and must: (a) include the Secretary's reasons for considering the revocation; and (b) invite the approved provider to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and (c) inform the approved provider that if no submission is made within that period, any revocation will take effect on the day after the last day for making submissions. 49 After subsection 39‑3(3) Insert: (3A) Unless the Secretary decides to take action under section 39‑3A or 39‑3B, the Secretary must revoke the *certification if the Secretary remains satisfied that: (a) the residential care service has ceased to be suitable for certification; or (b) the approved provider's application for certification of the service contained information that was false or misleading in a material particular. Note: Revocations of certifications are reviewable under Part 6.1. 50 After section 39‑3 Insert: 39‑3A Secretary may issue notice to rectify (1) This section applies if: (a) the Secretary has notified an approved provider under subsection 39‑3(2) that the Secretary is considering revoking the *certification of the approved provider's residential care service because the service has ceased to be suitable for certification; and (b) the approved provider has made submissions to the Secretary in accordance with the invitation under paragraph 39‑3(2)(b); and (c) the Secretary is satisfied that the submissions: (i) propose appropriate action to rectify the unsuitability of the service; or (ii) set out sufficient reason for the unsuitability. (2) The Secretary may give the approved provider a notice in accordance with subsection (3). (3) The notice must be in writing and must: (a) inform the approved provider that, within 14 days after the date of the notice, or within such shorter period as is specified in the notice, the approved provider must give a written undertaking to the Secretary to rectify the unsuitability of the service; and (b) inform the approved provider that the *certification will be revoked at the time specified in the notice if the undertaking is not given or complied with. (4) The undertaking must: (a) be in a form approved by the Secretary; and (b) contain a description and acknowledgement of the unsuitability of the service; and (c) set out the action the approved provider proposes to take to rectify the unsuitability of the service; and (d) set out the period within which such action will be taken; and (e) contain an acknowledgement that a failure by the approved provider to comply with the undertaking will result in the *certification being revoked. (5) If the approved provider fails to give the undertaking within the specified time or fails to comply with the undertaking, the Secretary must: (a) revoke the *certification; and (b) give the approved provider written notice of the revocation. 39‑3B Secretary may request further information (1) This section applies if, after receiving submissions in accordance with the invitation under paragraph 39‑3(2)(b), the Secretary is not satisfied as mentioned in paragraph 39‑3A(1)(c). (2) The Secretary may, in writing, request further information from the approved provider in relation to the submissions. (3) The request must be made within 28 days after the end of the period for making submissions in accordance with the invitation under paragraph 39‑3(2)(b). (4) The further information must be provided within the time specified in the request. (5) If, after receiving the further information, the Secretary is satisfied as mentioned in paragraph 39‑3A(1)(c), then: (a) the Secretary must give a notice to the approved provider in accordance with subsection 39‑3A(3); and (b) subsections 39‑3A(4) and (5) have effect. (6) If: (a) the approved provider does not provide the further information within the specified time; or (b) after receiving the further information, the Secretary is not satisfied as mentioned in paragraph 39‑3A(1)(c); the Secretary must: (c) revoke the *certification of the approved provider's residential care service; and (d) give the approved provider written notice of the revocation. (7) The notice must be given within 28 days after the end of the period for providing the further information. 51 Section 40‑1 Omit "*community", substitute "*home". 52 Subsection 42‑5(2) Repeal the subsection. 53 At the end of section 44‑27 (before the note) Add: ; (e) any other supplement set out in the Residential Care Subsidy Principles for the purposes of this paragraph. 54 Part 3.2 (heading) Omit "Community", substitute "Home". 55 Section 45‑1 Omit "*community", substitute "*home". 56 Section 45‑1 Omit "community", substitute "home". 57 Section 45‑2 (heading) Omit "Community", substitute "Home". 58 Section 45‑2 Omit "*Community", substitute "*Home". 59 Section 45‑2 Omit "Community Care", substitute "Home Care". 60 Section 45‑2 (note) Omit "Community", substitute "Home". 61 Section 45‑3 (heading) Omit "community", substitute "home". 62 Subsection 45‑3(1) Omit "Community", substitute "Home". 63 Subsection 45‑3(2) Omit "Community", substitute "Home". 64 Paragraphs 45‑3(2)(a) and (b) Omit "community", substitute "home". 65 Division 46 (heading) Omit "community", substitute "home". 66 Section 46‑1 (heading) Omit "community", substitute "home". 67 Subsection 46‑1(1) Omit "*community care subsidy", substitute "*home care subsidy". 68 Paragraph 46‑1(1)(a) Omit "community", substitute "*home". 69 Paragraph 46‑1(1)(b) Omit "*community", substitute "*home". 70 Paragraph 46‑1(1)(b) Omit "community" (wherever occurring), substitute "home". 71 Paragraph 46‑1(1)(c) Omit "community" (wherever occurring), substitute "home". 72 Subsection 46‑1(1) (note) Repeal the note. 73 Subsection 46‑1(2) Omit "*community" (wherever occurring), substitute "*home". 74 Subsection 46‑1(2) Omit "community", substitute "home". 75 Subsection 46‑1(2) (note) Omit "community", substitute "home". 76 Section 46‑2 (heading) Omit "community", substitute "home". 77 Subsection 46‑2(1) Omit "community" (wherever occurring), substitute "home". 78 Subsection 46‑2(1) Omit "*community", substitute "*home". 79 Subsections 46‑2(3) to (5) Repeal the subsections, substitute: (3) The Home Care Subsidy Principles may specify requirements relating to the suspension, on a temporary basis, of home care. 80 Subsection 46‑3(1) Omit "*community" (wherever occurring), substitute "*home". 81 Subsection 46‑3(1) Omit "community" (wherever occurring), substitute "home". 82 Subsection 46‑3(2) Omit "*community" (wherever occurring), substitute "*home". 83 Subsection 46‑3(2) Omit "community" (wherever occurring), substitute "home". 84 Section 46‑4 (heading) Omit "community", substitute "home". 85 Paragraph 46‑4(1)(a) Omit "*community", substitute "*home". 86 Paragraph 46‑4(1)(b) Omit "community", substitute "home". 87 Division 47 (heading) Omit "community", substitute "home". 88 Section 47‑1 (heading) Omit "community", substitute "home". 89 Subsections 47‑1(1) and (2) Omit "*Community", substitute "*Home". 90 Subsection 47‑1(2) Omit "community" (wherever occurring), substitute "home". 91 Paragraph 47‑2(b) Omit "Community", substitute "Home". 92 Subsection 47‑3(1) Omit "*community", substitute "*home". 93 Subsection 47‑3(2) Omit "community", substitute "home". 94 Subsection 47‑3(2) Omit "*community", substitute "*home". 95 Subsection 47‑3(3) Omit "community", substitute "home". 96 Paragraph 47‑3(3)(a) Omit "*community", substitute "*home". 97 Subsection 47‑3(4) Omit "Community", substitute "Home". 98 Section 47‑4 (heading) Omit "community", substitute "home". 99 Subsection 47‑4(1) Omit "*community", substitute "*home". 100 Subsection 47‑4(1) Omit "community" (wherever occurring), substitute "home". 101 Subsection 47‑4(2) Omit "*community", substitute "*home". 102 Subsection 47‑4(2) Omit "community", substitute "home". 103 Subsection 47‑4(3) Omit "community", substitute "home". 104 Section 47‑4A (heading) Omit "community", substitute "home". 105 Division 48 (heading) Omit "community", substitute "home". 106 Section 48‑1 (heading) Omit "community", substitute "home". 107 Subsection 48‑1(1) Omit "*community" (wherever occurring), substitute "*home". 108 Subsection 48‑1(1) Omit "community" (wherever occurring), substitute "home". 109 Subsection 48‑1(2) Omit "*community" (wherever occurring), substitute "*home". 110 Subsection 48‑1(2) Omit "community" (wherever occurring), substitute "home". 111 Subsection 48‑1(3) Omit "*community", substitute "*home". 112 Subsection 48‑1(4) Omit "*community", substitute "*home". 113 Section 49‑3 Omit "community care", substitute "home care". 114 Paragraph 50‑1(1)(b) Repeal the paragraph, substitute: (b) the approved provider: (i) provides flexible care to a care recipient who is approved under Part 2.3 in respect of flexible care; or (ii) provides flexible care to a care recipient who is included in a class of people who, under the Flexible Care Subsidy Principles, do not need approval under Part 2.3 in respect of flexible care; or (iii) is taken to provide flexible care in the circumstances set out in the Flexible Care Subsidy Principles; and 115 Paragraph 54‑1(1)(f) Omit "community", substitute "home". 116 Paragraph 54‑1(1)(f) Omit "Community", substitute "Home". 117 Subsection 54‑2(1) Omit "(1)". 118 Subsection 54‑2(2) Repeal the subsection. 119 Section 54‑4 (heading) Omit "Community", substitute "Home". 120 Subsection 54‑4(1) Omit "(1)". 121 Subsection 54‑4(1) Omit "Community" (wherever occurring), substitute "Home". 122 Subsection 54‑4(1) Omit "community", substitute "home". 123 Subsection 54‑4(2) Repeal the subsection. 124 Subsection 54‑5(3) Repeal the subsection. 125 Section 56‑2 (heading) Omit "community", substitute "home". 126 Section 56‑2 Omit "community", substitute "home". 127 After paragraph 56‑2(c) Insert: (ca) to provide such other care and services in accordance with the agreement between the approved provider and the care recipient; 128 Paragraph 56‑2(e) Omit "*community", substitute "*home". 129 Subsection 56‑4(3) Omit "community", substitute "home". 130 Subsection 56‑4(3) Omit "*community", substitute "*home". 131 Division 60 (heading) Omit "community", substitute "home". 132 Section 60‑1 (heading) Omit "community", substitute "home". 133 Section 60‑1 Omit "community" (wherever occurring), substitute "home". 134 Section 60‑2 (heading) Omit "community", substitute "home". 135 Subsection 60‑2(1) Omit "community", substitute "home". 136 Subsection 60‑2(2) Omit "community" (wherever occurring), substitute "home". 137 Division 61 (heading) Omit "community", substitute "home". 138 Section 61‑1 (heading) Omit "community", substitute "home". 139 Subsection 61‑1(1) Omit "community" (wherever occurring), substitute "home". 140 Subsection 61‑1(2) Omit "*community", substitute "*home". 141 Subsection 61‑1(3) Omit "*community", substitute "*home". 142 At the end of subparagraph 66‑2(1)(a)(iii) Add "in relation to care and services". 143 Subparagraph 66‑2(1)(a)(iv) Omit "administer an aged care service in respect of which the approved provider has not complied with its responsibilities", substitute "assist the approved provider to comply with its responsibilities in relation to governance and business operations". 144 Paragraph 66A‑1(2)(a) Repeal the paragraph, substitute: (a) the Secretary is satisfied that: (i) the person has the skills and experience required to assist an approved provider to comply with its responsibilities under Parts 4.1, 4.2 and 4.3; and (ii) if the person is an individual—the person is not a *disqualified individual; and (iii) if the person is a body corporate—no individuals who are responsible for the executive decisions of the body corporate are disqualified individuals; and 145 Subsection 66A‑1(2A) Repeal the subsection. 146 Subsection 66A‑1(5) Repeal the subsection, substitute: (5) A person may resign an appointment by giving the Secretary a written resignation: (a) signed by him or her; or (b) if the person is a body corporate—signed by an officer of the body corporate. 147 Paragraph 66A‑2(1)(b) Omit "revoked; and", substitute "revoked.". 148 Paragraph 66A‑2(1)(c) Repeal the paragraph. 149 Paragraph 66A‑3(1)(b) Omit "revoked; and", substitute "revoked.". 150 Paragraph 66A‑3(1)(c) Repeal the paragraph. 151 Subsection 66A‑4(2) After "under section", insert "66A‑2 or". 152 Subsection 66A‑4(2) Omit "administer the service", substitute "assist the approved provider to comply with its responsibilities". 153 Subsections 66A‑4(3) and (4) Repeal the subsections. 154 Section 66A‑5 Repeal the section. 155 Section 69‑1 Omit ", with assessments or approvals related to *aged care or", substitute "and". 156 Section 69‑1 Omit: • *community care grants (see Part 5.2); • *flexible care grants (see Part 5.2A); • *assessment grants (see Part 5.3); 157 Paragraph 71‑2(2)(b) Omit "section 72‑2", substitute "subsection 72‑1(2)". 158 Paragraph 71‑2(2)(d) Repeal the paragraph. 159 Subsection 72‑1(2) Repeal the subsection, substitute: (2) The allocation must meet the criteria for allocations specified in the Residential Care Grant Principles. 160 Sections 72‑2 and 72‑3 Repeal the sections. 161 Subsection 73‑1(2) Repeal the subsection, substitute: (2) The grant is subject to: (a) such conditions (if any) as the Secretary determines in writing; and (b) such other conditions (if any) as are set out in the Residential Care Grant Principles. 162 Section 73‑2 Repeal the section. 163 Subsection 73‑5(4) Repeal the subsection (including the note), substitute: (4) If the Secretary needs further information to determine the application, the Secretary may give to the approved provider a notice requesting the approved provider to give the further information within 28 days after receiving the notice, or within such shorter period as is specified in the notice. (5) The Secretary must make a variation or reject the application: (a) within 28 days after receiving the application; or (b) if the Secretary has requested further information under subsection (4)—within 28 days after receiving the information. Note: Variations of allocations and rejections of applications are reviewable under Part 6.1. (6) The Secretary must notify the approved provider in writing of the Secretary's decision. 164 Subsection 74‑1(3) Repeal the subsection. 165 Parts 5.2, 5.2A and 5.3 Repeal the Parts. 166 Subsection 80‑1(2) Repeal the subsection. 167 Subsection 81‑3(1) Omit "(1)". 168 Subsection 81‑3(2) Repeal the subsection. 169 Subsection 81‑4(1) Omit "(1)". 170 Subsection 81‑4(2) Repeal the subsection. 171 Paragraph 82‑1(1)(a) After "residential care", insert "or home care". 172 Subsection 82‑3(1) Omit "(1)". 173 Subsection 82‑3(2) Repeal the subsection. 174 Subsection 82‑4(1) Omit "(1)". 175 Subsection 82‑4(2) Repeal the subsection. 176 Section 85‑1 (table item 21) Omit "a *low level of residential care", substitute "one or more levels of care". 177 Section 85‑1 (table item 35) Omit "39‑3(1)", substitute "39‑3(3A)". 178 Section 85‑1 (table items 49A and 49B) Omit "community", substitute "home". 179 Section 85‑1 (table items 57 and 58) Omit "73‑5(4)", substitute "73‑5(5)". 180 Section 85‑1 (table items 59 to 64) Repeal the items, substitute: 59 A decision under Principles made under section 96‑1 that is specified in the Principles concerned to be a decision reviewable under this section the provision specified in the Principles as the provision under which the decision is made 180A Subsection 85‑6(1) Omit "1239 of the Social Security Act 1991", substitute "126 of the Social Security (Administration) Act 1999". 180B Paragraph 85‑7(1)(a) Omit "1240 of the Social Security Act 1991", substitute "129 of the Social Security (Administration) Act 1999". 180C Paragraph 85‑7(1)(b) Omit "1243 of the Social Security Act 1991", substitute "135 of the Social Security (Administration) Act 1999". 180D Subsection 85‑7(2) Omit "1240 of the Social Security Act 1991", substitute "129 of the Social Security (Administration) Act 1999". 181 Subsection 88‑2(2) Repeal the subsection. 181A At the end of section 95A‑1 Add: (3) If the *Aged Care Commissioner requests the Secretary to give the Commissioner information that the Commissioner requires for the purposes of the Commissioner's functions, the Secretary must, if the information is available to the Secretary, give the information to the Commissioner. (4) If, on and after 1 January 2014, the *Aged Care Commissioner requests the CEO of the Quality Agency to give the Commissioner information that the Commissioner requires for the purposes of the Commissioner's functions, the CEO must, if the information is available to the CEO, give the information to the Commissioner. 181B After section 95A‑11 Insert: 95A‑11A Aged Care Commissioner may give report to Minister at any time The *Aged Care Commissioner may, at any time, give a written report to the Minister on any matter relating to the Commissioner's functions. 182 Section 96‑1 (table items 7 and 11) Repeal the items. 183 Section 96‑1 (table item 12) Omit "Community", substitute "Home". 184 Section 96‑1 (table item 14A) Repeal the item. 184A Subsection 96‑3(1) Repeal the subsection, substitute: (1) For the purposes of this Act, the Minister: (a) must establish a committee to be known as the Aged Care Financing Authority; and (b) may establish other committees. 185 Section 96‑5 (note) Omit "*community", substitute "home". 186 Clause 1 of Schedule 1 (paragraph (b) of the definition of aged care) Omit "community", substitute "home". 187 Clause 1 of Schedule 1 (definition of assessment grant) Repeal the definition. 188 Clause 1 of Schedule 1 (definitions of community care, community care agreement, community care grant, community care service and community care subsidy) Repeal the definitions. 189 Clause 1 of Schedule 1 (definition of flexible care grant) Repeal the definition. 190 Clause 1 of Schedule 1 Insert: home care has the meaning given by section 45‑3. home care agreement means an agreement referred to in section 61‑1. home care service means an undertaking through which home care is provided. home care subsidy means a subsidy payable under Part 3.2. 191 Clause 1 of Schedule 1 (paragraph (b) of the definition of payment period) Omit "to community", substitute "to home". 192 Clause 1 of Schedule 1 (paragraph (b) of the definition of payment period) Omit "*community", substitute "*home". 193 Clause 1 of Schedule 1 (paragraph (b) of the definition of payment period) Omit "a community", substitute "a home". 194 Clause 1 of Schedule 1 (definition of place) Omit "community", substitute "home". 194A Application Despite the amendment made by item 184A of this Schedule, subsection 96‑3(1) of the Aged Care Act 1997 has effect, before 1 August 2013, as if that amendment had not been made. Part 2—Transitional and savings provisions 195 Definitions In this Part: commencement time means the time when this Schedule commences. home care has the same meaning as in the new law. new law means the Aged Care Act 1997 as in force immediately after the commencement time. old law means the Aged Care Act 1997 as in force immediately before the commencement time. 196 Approval of providers (1) This item applies if, before the commencement time: (a) a person was approved under Part 2.1 of the old law as a provider of aged care (whether or not the approval had come into force); and (b) the approval had not ceased to have effect. (2) To the extent that the approval was in respect of community care, the approval is taken, for the purposes of the new law, to be in respect of home care. (3) To the extent that the approval was in respect of flexible care, the approval is taken, for the purposes of the new law, to be in respect of both home care and flexible care. 197 Allocation of places (1) An allocation of places in respect of community care that was done under Part 2.2 of the old law and was in force immediately before the commencement time is taken, after the commencement time, to have been done in respect of home care. (2) An allocation of places in respect of flexible care that: (a) was done under Part 2.2 of the old law and was in force immediately before the commencement time; and (b) is of a kind specified in Allocation Principles made for the purposes of this subitem; is taken, after the commencement time, to have been done in respect of home care. 198 Approval of care recipients (1) An approval to receive community care that was given under Part 2.3 of the old law and was in force immediately before the commencement time is taken, after the commencement time, to have been given to receive home care. (2) An approval to receive flexible care that: (a) was given under Part 2.3 of the old law and was in force immediately before the commencement time; and (b) is of a kind specified in Approval of Care Recipient Principles made for the purposes of this subitem; is taken, after the commencement time, to have been given to receive home care. (3) An approval to receive community care or flexible care that is taken to be an approval to receive home care under subitem (1) or (2), is also taken to be limited to the level or levels of care specified in Approval of Care Recipient Principles made for the purposes of this subitem. 199 Making Principles (1) The Minister may, by legislative instrument, make Allocation Principles or Approval of Care Recipient Principles, or both, providing for matters: (a) required or permitted by this Part to be provided; or (b) necessary or convenient to be provided in order to carry out or give effect to this Part. (2) Allocation Principles or Approval of Care Recipient Principles made under subitem (1) may be included with Allocation Principles or Approval of Care Recipient Principles, as the case requires, made under section 96‑1 of the Aged Care Act 1997. Schedule 2—Amendments commencing on 1 January 2014 Part 1—Amendments Aged Care Act 1997 1 Paragraph 42‑4(a) Omit "an *accreditation body", substitute "the *CEO of the Quality Agency". 2 After section 65‑1 Insert: 65‑1A Information about compliance with responsibilities (1) In deciding whether an approved provider has complied, or is complying, with one or more of its responsibilities under Part 4.1, 4.2 or 4.3, the Secretary may have regard to: (a) any information provided by the *CEO of the Quality Agency in accordance with the Quality Agency Reporting Principles; and (b) any other relevant information. (2) The Quality Agency Reporting Principles may specify the circumstances in which the *CEO of the Quality Agency must provide information of a kind specified in the Principles to the Secretary for the purposes of this Part. Note: The Quality Agency Reporting Principles are made by the Minister under section 96‑1. 3 Section 69‑1 Omit: • *accreditation grants (see Part 5.4); 4 Part 5.4 Repeal the Part. 5 At the end of section 84‑1 Add: ; (h) the Aged Care Pricing Commissioner, whose functions include approving accommodation payments that are higher than the maximum amount of accommodation payments determined by the Minister and approving extra service fees (see Part 6.7). 6 Paragraphs 95A‑1(2)(d) and (e) Repeal the paragraphs, substitute: (d) to examine complaints made to the Aged Care Commissioner about the processes for: (i) accrediting aged care services as mentioned in paragraph 12(a) of the Australian Aged Care Quality Agency Act 2013; and (ii) conducting the quality review of home care services as mentioned in paragraph 12(b) of that Act; (but not a complaint about the merits of a decision under those paragraphs), and make recommendations to the CEO of the Quality Agency arising from the examination; (e) to examine, on the Aged Care Commissioner's own initiative, the processes for: (i) accrediting aged care services as mentioned in paragraph 12(a) of the Australian Aged Care Quality Agency Act 2013; and (ii) conducting the quality review of home care services as mentioned in paragraph 12(b) of that Act; and make recommendations to the CEO of the Quality Agency arising from the examination; 7 Subsections 95A‑4(1) and (2) Omit "Complaints Principles", substitute "Commissioner Principles". 8 Section 95A‑9 Before "The", insert "(1)". 9 At the end of section 95A‑9 Add: (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day. 10 Section 95A‑10 Repeal the section, substitute: 95A‑10 Termination of appointment (1) The Minister may terminate the appointment of the *Aged Care Commissioner: (a) for misbehaviour; or (b) if the Aged Care Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity. (2) The Minister must terminate the appointment of the *Aged Care Commissioner if the Aged Care Commissioner: (a) becomes bankrupt; or (b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (c) compounds with his or her creditors; or (d) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (e) is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (f) is appointed on a full‑time basis and engages, except with the Minister's approval, in paid employment outside the duties of his or her office; or (g) is appointed on a part‑time basis and engages in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office; or (h) fails, without reasonable excuse, to comply with section 95A‑8. 11 Section 95A‑11 (heading) Omit "Delegations", substitute "Delegation". 12 Subparagraphs 95A‑12(2)(b)(ii) and (iii) Repeal the subparagraphs, substitute: (ii) the processes mentioned in subparagraphs 95A‑1(2)(d)(i) and (ii); and 13 Paragraph 95A‑12(2)(k) Omit "Complaints Principles", substitute "Commissioner Principles". 14 At the end of Chapter 6 Add: Part 6.7—Aged Care Pricing Commissioner Division 95B—Aged Care Pricing Commissioner 95B‑1 Aged Care Pricing Commissioner (1) There is to be an *Aged Care Pricing Commissioner. (2) The functions of the *Aged Care Pricing Commissioner are as follows: (a) to approve extra service fees in accordance with Division 35; (b) in accordance with section 52G‑4, to approve accommodation payments that are higher than the maximum amount of accommodation payment determined by the Minister under section 52G‑3; (c) such other functions that are conferred on the Aged Care Pricing Commissioner by this Act; (d) the functions that are conferred on the Aged Care Pricing Commissioner by any other law of the Commonwealth; (e) the functions that are specified by the Minister by legislative instrument. 95B‑2 Appointment (1) The *Aged Care Pricing Commissioner is to be appointed by the Minister by written instrument. (2) The *Aged Care Pricing Commissioner may be appointed on a full‑time basis or on a part‑time basis. (3) The *Aged Care Pricing Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 3 years. 95B‑3 Acting appointments The Minister may appoint a person to act as the *Aged Care Pricing Commissioner: (a) during a vacancy in the office of the Aged Care Pricing Commissioner (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the Aged Care Pricing Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office. Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901. 95B‑4 Remuneration (1) The *Aged Care Pricing Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Aged Care Pricing Commissioner is to be paid the remuneration that is prescribed by the Commissioner Principles. (2) The *Aged Care Pricing Commissioner is to be paid the allowances that are prescribed by the Commissioner Principles. (3) This section has effect subject to the Remuneration Tribunal Act 1973. 95B‑5 Leave of absence Full‑time Commissioner (1) If the *Aged Care Pricing Commissioner is appointed on a full‑time basis: (a) he or she has the recreation leave entitlements that are determined by the Remuneration Tribunal; and (b) the Minister may grant the Aged Care Pricing Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines. Part‑time Commissioner (2) If the *Aged Care Pricing Commissioner is appointed on a part‑time basis, the Minister may grant leave of absence to the Aged Care Pricing Commissioner on the terms and conditions that the Minister determines. 95B‑6 Other terms and conditions The *Aged Care Pricing Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister. 95B‑7 Restrictions on outside employment Full‑time Commissioner (1) If the *Aged Care Pricing Commissioner is appointed on a full‑time basis, he or she must not engage in paid employment outside the duties of the Aged Care Pricing Commissioner's office without the Minister's approval. Part‑time Commissioner (2) If the *Aged Care Pricing Commissioner is appointed on a part‑time basis, he or she must not engage in any paid employment that conflicts or could conflict with the proper performance of his or her duties. 95B‑8 Disclosure of interests The *Aged Care Pricing Commissioner must give written notice to the Minister of all interests, pecuniary or otherwise, that the Commissioner has or acquires that could conflict with the proper performance of the Commissioner's functions. 95B‑9 Resignation (1) The *Aged Care Pricing Commissioner may resign his or her appointment by giving the Minister a written resignation. (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day. 95B‑10 Termination of appointment (1) The Minister may terminate the appointment of the *Aged Care Pricing Commissioner: (a) for misbehaviour; or (b) if the Aged Care Pricing Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity. (2) The Minister must terminate the appointment of the *Aged Care Pricing Commissioner if the Aged Care Pricing Commissioner: (a) becomes bankrupt; or (b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (c) compounds with his or her creditors; or (d) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (e) is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (f) is appointed on a full‑time basis and engages, except with the Minister's approval, in paid employment outside the duties of his or her office; or (g) is appointed on a part‑time basis and engages in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office; or (h) fails, without reasonable excuse, to comply with section 95B‑8. 95B‑11 Delegation of Aged Care Pricing Commissioner's functions (1) The *Aged Care Pricing Commissioner may delegate in writing all or any of his or her functions to an APS employee in the Department. (2) In exercising his or her power under subsection (1), the *Aged Care Pricing Commissioner is to have regard to the function to be performed by the delegate and the responsibilities of the APS employee to whom the function is delegated. (3) In performing functions delegated under subsection (1), the delegate must comply with any directions of the *Aged Care Pricing Commissioner. 95B‑12 Annual report (1) The *Aged Care Pricing Commissioner must, as soon as practicable after the end of each financial year, prepare and give to the Minister, for presentation to the Parliament, a report on the Aged Care Pricing Commissioner's operations during that year. Note: See also section 34C of the Acts Interpretation Act 1901, which contains extra rules about annual reports. (2) The *Aged Care Pricing Commissioner must include in the report: (a) the number of applications that were made to the Aged Care Pricing Commissioner during the financial year for approval to charge an accommodation payment that is higher than the maximum amount of accommodation payment determined by the Minister under section 52G‑3; and (b) the number of such applications that were approved, rejected or withdrawn during the financial year; and (c) the number of applications that were made to the Aged Care Pricing Commissioner during the financial year for approval to charge an extra service fee; and (d) any other information required by the Commissioner Principles to be included in the report. 15 Section 96‑1 (table item 2) Repeal the item. 16 Section 96‑1 (after table item 9) Insert: 9A Commissioner Principles Divisions 95A and 95B 16A Section 96‑1 (after table item 14) Insert: 14A Fees and Payments Principles Parts 3A.1, 3A.2 and 3A.3 17 Section 96‑1 (after table item 17) Insert: 17A Quality Agency Reporting Principles Part 4.4 18 Section 96‑2 (heading) Omit "Delegations", substitute "Delegation". 19 Subsection 96‑2(6) Repeal the subsection, substitute: (6) The Secretary may, in writing, delegate to the *CEO of the Quality Agency the functions of the Secretary that the Secretary considers necessary for the CEO to perform the CEO's functions under the Australian Aged Care Quality Agency Act 2013. 20 Clause 1 of Schedule 1 (definition of accreditation body) Repeal the definition. 21 Clause 1 of Schedule 1 (definition of accreditation grant) Repeal the definition. 22 Clause 1 of Schedule 1 Insert: Aged Care Pricing Commissioner means the Aged Care Pricing Commissioner holding office under Part 6.7. 23 Clause 1 of Schedule 1 Insert: CEO of the Quality Agency means the Chief Executive Officer of the Australian Aged Care Quality Agency appointed under the Australian Aged Care Quality Agency Act 2013. Part 2—Transitional and savings provisions 24 Definitions In this Part: accreditation body has the same meaning as in the old law. CEO of the Quality Agency has the same meaning as in the new law. first commencement time means the time when item 5 of this Schedule commences. new law means the Aged Care Act 1997 as in force immediately after the second commencement time. old law means the Aged Care Act 1997 as in force immediately before the second commencement time. second commencement time means the time when item 1 of this Schedule commences. 25 Accreditation requirement An accreditation of a residential care service by an accreditation body that was in force immediately before the second commencement time is taken, after the second commencement time, to have been an accreditation by the CEO of the Quality Agency. 26 Determining maximum amounts of accommodation payment (1) After the first commencement time, the Minister may, by legislative instrument, determine the maximum amount of accommodation payment that an approved provider may charge a person. (2) The determination may set out: (a) the maximum daily accommodation payment amount and a method for working out refundable accommodation deposit amounts; or (b) methods for working out both: (i) the maximum daily accommodation payment amount; and (ii) refundable accommodation deposit amounts. (3) An approved provider may apply to the Aged Care Pricing Commissioner for approval to charge an accommodation payment that is higher than the maximum amount of accommodation payment determined by the Minister under subitem (1). (4) The Aged Care Pricing Commissioner may approve the application. (5) A decision by the Aged Care Pricing Commissioner not to approve the application is taken to be a reviewable decision within the meaning of section 85‑1 of the Aged Care Act 1997. (6) A power exercised under this item must be exercised in accordance with the Aged Care Act 1997 as if it were amended by Schedule 3 to this Act. Schedule 3—Amendments commencing on 1 July 2014 Part 1—Amendments Aged Care Act 1997 1 At the end of Division 1 Add: 1‑5 Application to continuing care recipients Chapters 3 and 3A of this Act do not apply in relation to a *continuing care recipient. Note: Subsidies, fees and payments for continuing care recipients are dealt with in the Aged Care (Transitional Provisions) Act 1997. 2 Section 3‑1 Before "This Act", insert "(1)". 3 Paragraph 3‑1(a) Omit "subsidies", substitute "*subsidies". 4 At the end of section 3‑1 Add: (2) *Subsidies are also paid under Chapter 3 of the Aged Care (Transitional Provisions) Act 1997. 5 Section 3‑2 Omit "subsidy to a provider of *aged care under Chapter 3", substitute "*subsidy to a provider of *aged care". 6 Section 3‑3 (heading) Omit "(Chapter 3)". 7 Section 3‑3 Omit "subsidy can be paid under Chapter 3", substitute "*subsidy can be paid". 8 After section 3‑3 Insert: 3‑3A Fees and payments Care recipients may be required to pay for, or contribute to, the costs of their care and accommodation. Fees and payments are dealt with in Chapter 3A of this Act, and in Divisions 57, 57A, 58 and 60 of the Aged Care (Transitional Provisions) Act 1997. 9 Section 3‑4 Omit "subsidy", substitute "*subsidy". 10 Section 5‑1 Omit "subsidy under Chapter 3", substitute "*subsidy". 11 Section 5‑1 After "Part 2.6 (enabling", insert "*accommodation payments, *accommodation contributions,". 12 Section 5‑1 (note) Omit "subsidy under Chapter 3", substitute "subsidy". 13 Section 5‑2 After "Chapter 3", insert "of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997". 14 Section 6‑1 Omit "subsidy under Chapter 3", substitute "*subsidy". 15 Section 7‑1 Omit "subsidy cannot be made under Chapter 3", substitute "*subsidy cannot be made". 16 Subsections 7‑2(1) and (2) Omit "subsidy can only be paid under Chapter 3", substitute "*subsidy can only be paid". 17 Section 9‑3 (heading) Omit "under this Act". 18 Subsection 9‑3(1) After "this Act", insert "or the Aged Care (Transitional Provisions) Act 1997". 19 Section 9‑3A (heading) After "relating to", insert "refundable deposits,". 20 Paragraph 9‑3A(1)(a) Before "*accommodation bonds", insert "*refundable deposits or". 21 Paragraph 9‑3A(1)(b) After "more", insert "*refundable deposit balances or". 22 Paragraph 9‑3A(1)(c) After "total of the", insert "refundable deposit balances and". 23 Section 9‑3B (heading) Omit "accommodation bond". 24 Paragraph 9‑3B(1)(a) Omit "an *accommodation bond balance as required by section 57‑21", substitute "a *refundable deposit balance or an *accommodation bond balance". 25 Paragraph 9‑3B(1)(c) After "used", insert "a *refundable deposit or". 26 Paragraph 9‑3B(2)(c) After "more", insert "*refundable deposit balances or". 27 Paragraph 9‑3B(2)(d) After "how", insert "*refundable deposits or". 28 Paragraphs 9‑3B(2)(e) and (f) After "use of", insert "refundable deposits and". 29 Section 11‑1 Omit "subsidy under Chapter 3", substitute "*subsidy". 30 Section 11‑4 Omit "subsidy under Chapter 3", substitute "*subsidy". 31 Subsection 12‑1(1) Omit "subsidy under Chapter 3", substitute "*subsidy". 32 Subsection 12‑3(1) Omit "subsidy under Chapter 3", substitute "*subsidy". 33 Subsections 12‑4(1) and (3) Omit "subsidy", substitute "*subsidy". 34 Subsection 12‑5(1) Repeal the subsection, substitute: (1) The Secretary may, in respect of each type of *subsidy, determine for the *places *available for allocation the proportion of care that must be provided to people of kinds specified in the Allocation Principles. 35 Subsections 12‑6(1) and (2) Omit "subsidy", substitute "*subsidy". 36 Subsection 13‑2(2) Omit "subsidy under Chapter 3", substitute "*subsidy". 37 Paragraph 13‑2(3)(b) Omit "subsidy", substitute "*subsidy". 38 Paragraph 13‑2(3)(e) Repeal the paragraph, substitute: (e) the proportion of care (if any), in respect of the places available for allocation, that must be provided to people of kinds specified in the Allocation Principles. 39 Subsection 14‑1(1) Omit "subsidy under Chapter 3", substitute "*subsidy". 40 Paragraph 14‑3(a) Omit "subsidy under Chapter 3", substitute "*subsidy". 41 Subsection 14‑5(5) Repeal the subsection, substitute: Lump sums paid by continuing care recipients (5) If: (a) a condition imposed on an allocation of *places to a person requires: (i) the refund by the person to a *continuing care recipient, with the consent of the continuing care recipient, of a *pre‑allocation lump sum or part of such a sum; or (ii) the forgiveness by the person of an obligation (including a contingent obligation) by a continuing care recipient, with the consent of the continuing care recipient, in relation to a pre‑allocation lump sum or part of such a sum; and (b) the continuing care recipient continues, on the day on which the allocation was made, to be provided with *aged care through the residential care service in relation to entry to which the pre‑allocation lump sum was paid or became payable; then the continuing care recipient and the pre‑allocation lump sum holder have the same rights, duties and obligations in relation to the charging of an *accommodation bond or an *accommodation charge as the continuing care recipient and the pre‑allocation lump sum holder would have under this Act and the Aged Care (Transitional Provisions) Act 1997 if: (c) the continuing care recipient had *entered the residential care service or flexible care service on the day on which the allocation was made; and (d) the pre‑allocation lump sum were an accommodation bond paid in respect of aged care provided through another residential care service or flexible care service. Lump sums paid by care recipients other than continuing care recipients (5A) If: (a) a condition imposed on an allocation of *places to a person requires: (i) the refund by the person to a care recipient (the non‑continuing care recipient) who is not a *continuing care recipient, with the consent of the non‑continuing care recipient, of a *pre‑allocation lump sum or part of such a sum; or (ii) the forgiveness by the person of an obligation (including a contingent obligation) by a non‑continuing care recipient, with the consent of the non‑continuing care recipient, in relation to a pre‑allocation lump sum or part of such a sum; and (b) the non‑continuing care recipient continues, on the day on which the allocation was made, to be provided with *aged care through the residential care service in relation to entry to which the pre‑allocation lump sum was paid or became payable; then the non‑continuing care recipient and the pre‑allocation lump sum holder have the same rights, duties and obligations in relation to the charging of a *refundable deposit as the non‑continuing care recipient and the pre‑allocation lump sum holder would have under this Act if: (c) the non‑continuing care recipient had *entered the residential care service or flexible care service on the day on which the allocation was made; and (d) the pre‑allocation lump sum were a refundable deposit paid in respect of aged care provided through another residential care service or flexible care service. 42 Paragraph 14‑5(6)(c) After "not", insert "a *refundable deposit,". 43 Paragraph 14‑8(2)(b) Omit "subsidy under Chapter 3", substitute "*subsidy". 44 Subsection 15‑1(1) Omit "subsidy under Chapter 3", substitute "*subsidy". 45 Subsection 15‑1(2) (note) Omit "Subsidy", substitute "*Subsidy". 46 Paragraph 16‑6(e) Repeal the paragraph, substitute: (e) the proportion of care (if any), in respect of the places to be transferred, that must be provided to people of kinds specified in the Allocation Principles. 47 Paragraph 16‑10(2)(d) Omit "(including, where applicable, retention amounts relating to *accommodation bonds)". 48 Paragraph 16‑10(2)(g) After "requirements for", insert "*refundable deposits and". 49 Paragraph 16‑11(a) Omit "subsidy under Chapter 3", substitute "*subsidy". 50 Paragraph 16‑11(b) Omit "an", substitute "a *refundable deposit balance or". 51 Paragraph 16‑18(e) Repeal the paragraph, substitute: (e) the proportion of care (if any), in respect of the places to be transferred, that must be provided to people of kinds specified in the Allocation Principles; 52 Subparagraph 18‑2(2)(f)(ii) Repeal the subparagraph, substitute: (ii) *entry contribution balance; or (iii) *refundable deposit balance; 53 Subsections 20‑1(1) to (3) Omit "Subsidy cannot be paid under Chapter 3", substitute "*Subsidy cannot be paid". 54 Paragraph 20‑1(3)(b) Omit "Flexible Care". 55 Section 20‑2 After "Chapter 3", insert "of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997". 56 Paragraph 23‑1(b) Before "the approval", insert "in the case of flexible care—". 57 Section 23‑3 Repeal the section, substitute: 23‑3 Circumstances in which approval for flexible care lapses Care not received within a certain time (1) A person's approval as a recipient of flexible care lapses if the person is not provided with the care within: (a) the entry period specified in the Approval of Care Recipients Principles; or (b) if no such period is specified—the period of 12 months starting on the day after the approval was given. (2) Subsection (1) does not apply if the care is specified for the purposes of this subsection in the Approval of Care Recipients Principles. Person ceases to be provided with care in respect of which approved (3) A person's approval as a recipient of flexible care lapses if the person ceases, in the circumstances specified in the Approval of Care Recipients Principles, to be provided with the care in respect of which he or she is approved. 58 Section 30‑1 Omit ", but a lower amount of *residential care subsidy is payable". 59 Section 30‑1 (notes 1 to 4) Repeal the notes. 60 Paragraph 30‑3(1)(b) Repeal the paragraph. 61 Subsection 30‑3(1) (at the end of the example) Add "An individual resident's room might also constitute a "distinct part" of the service.". 62 Subsection 30‑3(1) (note) Repeal the note. 63 Paragraph 32‑4(1)(a) Omit "who:", substitute "who are included in a class of people specified in the Extra Service Principles;". 64 Subparagraphs 32‑4(1)(a)(i) and (ii) Repeal the subparagraphs. 65 Subsection 32‑9(1) Omit the second sentence. 66 Subsection 35‑1(1) Omit "Secretary", substitute "*Aged Care Pricing Commissioner". 67 Subsection 35‑1(2) Omit "The Secretary", substitute "The *Aged Care Pricing Commissioner". 68 Paragraphs 35‑1(2)(c) and (d) Omit "Secretary", substitute "Aged Care Pricing Commissioner". 69 Subsection 35‑2(1) Omit "Secretary", substitute "*Aged Care Pricing Commissioner". 70 Subsections 35‑3(1) to (4) Omit "Secretary", substitute "*Aged Care Pricing Commissioner". 71 Section 35‑4 (heading) Omit "Secretary's". 72 Section 35‑4 Omit "The Secretary", substitute "The *Aged Care Pricing Commissioner". 73 Section 35‑4 Omit "Secretary's", substitute "Aged Care Pricing Commissioner's". 74 Section 35‑4 Omit the second sentence. 75 Section 36‑4 (note) Omit "56‑1(f)", substitute "56‑1(g)". 76 Section 37‑1 Repeal the section, substitute: 37‑1 What this Part is about This Part describes how a residential care service is certified and the circumstances in which certification ceases to have effect. 77 Paragraph 38‑6(2)(d) Repeal the paragraph, substitute: (d) the consequences of failure by the approved provid