Residential Care Subsidy Amendment (Workforce Supplement) Principle 2013 (27/06/2013)

Link to law: https://www.comlaw.gov.au/Details/F2013L01225

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Residential Care Subsidy Amendment (Workforce Supplement) Principle 2013
I, Mark Butler, Minister for Mental Health and Ageing, make the following principle under the Aged Care Act 1997.
Dated: 27 June 2013
Mark Butler
Minister for Mental Health and Ageing
Contents
1............ Name of principle.......................................................................................................... 1
2............ Commencement............................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Schedule(s).................................................................................................................... 1
Schedule 1—Amendments                                                                                                                          1
Residential Care Subsidy Principles 1997                                                                                       1
 
 
1  Name of principle
                   This principle is the Residential Care Subsidy Amendment (Workforce Supplement) Principle 2013.
2  Commencement
                   This principle commences on 1 July 2013.
3  Authority
                   This principle is made under the Aged Care Act 1997.
4  Schedule(s)
                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
  
Residential Care Subsidy Principles 1997
1  Subsection 21.3(1)
Insert:
Aged Care Workforce Supplement Guidelines means the document with that title published by the Department, as it exists on 1 July 2013.
Note:          The document is available through the Department’s website (www.health.gov.au).
2  Section 21.24
Repeal the section, substitute:
21.24  Purpose of Part (Act, s 44‑16)
This Part provides for additional primary supplements and specifies the circumstances in which they will apply to a care recipient in respect of a payment period.
3  At the end of Part 10
Add:
Division 5—Workforce supplement
21.26J  Purpose of Division
                   This Division provides for the workforce supplement.
21.26JA  Circumstances in which the workforce supplement applies
                   The workforce supplement that will apply to a care recipient in respect of a payment period that starts on or after 1 July 2013 is the sum of all the workforce supplements for the days during the period on which:
                     (a)  the care recipient was provided with residential care through the residential care service in question; and
                     (b)  a determination under section 21.26JC was in force in relation to the approved provider conducting the residential care service.
21.26JB  Application for determination that approved provider is eligible for workforce supplement
             (1)  An approved provider that is providing, or is to provide, residential care to a care recipient may apply to the Secretary for a determination under section 21.26JC.
             (2)  The application must:
                     (a)  be in the form approved by the Secretary; and
                     (b)  include the information (if any) required by the Aged Care Workforce Supplement Guidelines.
21.26JC  Determination that approved provider is eligible for workforce supplement
             (1)  If the Secretary receives an application from an approved provider under section 21.26JB, the Secretary may determine that the approved provider is eligible for the workforce supplement.
             (2)  A determination under subsection (1) is not a legislative instrument.
             (3)  The Secretary must not make a determination unless:
                     (a)  the approved provider has advised the approved provider’s staff, in writing, of the approved provider’s intention to apply for a determination that the approved provider is eligible for the workforce supplement; and
                     (b)  the written advice mentioned in paragraph (a) also includes the following:
                              (i)  if the approved provider holds 50 or more places allocated for the provision of residential care (other than a provisional allocation)—an undertaking that the approved provider will negotiate with the staff an enterprise agreement that meets the minimum wage requirements specified in Part B of the Aged Care Workforce Supplement Guidelines;
                             (ii)  if the approved provider holds fewer than 50 places allocated for the provision of residential care (other than a provisional allocation)—an undertaking that the approved provider will negotiate with the staff employment arrangements that meet the minimum wage requirements specified in Part B of the Aged Care Workforce Supplement Guidelines;
                            (iii)  information about how the approved provider intends to improve:
                                        (A)  training and education opportunities for the staff; and
                                        (B)  career structures and career development for the staff; and
                                        (C)  workforce planning in relation to the provision of residential care; and
                     (c)  the approved provider has given the Secretary an undertaking that the approved provider will, if requested by the Secretary, participate in a census or survey conducted by the Department about the aged care workforce; and
                     (d)  the approved provider has given the Secretary an undertaking that the approved provider will comply with the minimum wage requirements, specified in Part B of the Aged Care Workforce Supplement Guidelines, on and after the first day in respect of which the workforce supplement will apply to a care recipient of the approved provider if the determination is made.
Note:          For subparagraph (b)(i), the approved provider may negotiate a variation to an existing enterprise agreement so that the agreement meets the minimum wage requirements.
             (4)  If the Secretary needs further information to make a decision about the application, the Secretary may give the approved provider a notice requesting that the approved provider give the Secretary the further information:
                     (a)  within 28 days after receiving the notice; or
                     (b)  within such other period as is specified in the notice.
             (5)  The application is taken to have been withdrawn if the information mentioned in subsection (4) is not given within whichever of the periods mentioned in that subsection applies. The notice must include a statement setting out the effect of this subsection.
             (6)  A determination under subsection (1) takes effect on the day specified in the determination. The day may be earlier than the day on which the determination is made but not earlier than 1 July 2013.
             (7)  The Secretary must notify the approved provider, in writing, of the Secretary’s decision on whether to make the determination. The notice must be given:
                     (a)  within 28 days after the Secretary receives the application; or
                     (b)  if the Secretary has requested further information under subsection (4)—within 28 days after receiving the information.
21.26JD  Revocation of Secretary’s determination
             (1)  The Secretary may revoke a determination made under section 21.26JC in relation to an approved provider if:
                     (a)  the Secretary is satisfied that the approved provider should no longer be eligible for the workforce supplement; or
                     (b)  the Secretary is satisfied that the approved provider has failed to comply with an undertaking, mentioned in subsection 21.26JC(3), that was given by the approved provider to the Secretary or the approved provider’s staff; or
                     (c)  the approved provider requests, in writing, the Secretary to revoke the determination.
             (2)  Before deciding to revoke the determination under paragraph (1)(a) or (b), the Secretary must notify the approved provider that it is being considered. The notice must:
                     (a)  be in writing; 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 submissions are made within the period, the revocation takes effect on the day after the last day for making submissions.
             (3)  In deciding whether to revoke the determination under paragraph (1)(a) or (b), the Secretary must:
                     (a)  consider any submissions made within the period mentioned in paragraph (2)(b); and
                     (b)  have regard to the eligibility criteria specified in Part B of the Aged Care Workforce Supplement Guidelines.
             (4)  The Secretary must notify, in writing, the approved provider of the decision.
             (5)  The notice must be given to the approved provider within 28 days after the end of the period for making submissions. If the notice is not given within that period, the Secretary is taken to have decided not to revoke the determination.
             (6)  A revocation has effect:
                     (a)  if no submissions were made within the period mentioned in paragraph (2)(b)—on the day after the last day for making submissions; or
                     (b)  if submissions were made within that period—on the day after the approved provider receives a notice under subsection (4).
21.26JE  Reviewable decisions
             (1)  The following decisions are reviewable decisions under section 85‑1 of the Act:
                     (a)  a decision under subsection 21.26JC(1) to refuse to make a determination;
                     (b)  a decision under paragraph 21.26JD(1)(a) or (b) to revoke a determination.
             (2)  Part 6.1 of the Act applies to the reviewable decisions mentioned in subsection (1) as if a reference in that Part to this Act included a reference to these Principles.