Continence Aids Payment Scheme Variation 2011 (No.1)1
National Health Act 1953
I, MARK BUTLER, Minister for Mental Health and Ageing, make this Instrument under section 12 of the National Health Act 1953.
Dated 2nd January 2011
Minister for Mental Health and Ageing
1 Name of Instrument
This Instrument is the Continence Aids Payment Scheme Variation 2011 (No.1).
This Instrument commences on the day after it is registered.
3 Variation of Continence Aids Payment Scheme 2010
Schedule 1 varies the Continence Aids Payment Scheme 2010.
Schedule 1 Variations
 Section 20
20. Responsible person for a participating person
(1) The Secretary may approve an individual to represent an assisted person or a minor:
(a) as an authorised representative to act for the person; or
(b) as an authorised payment recipient to receive payments as agent of the person; or
(c) as both (a) and (b).
(2) However, the Secretary must not approve an individual unless the Secretary is satisfied that:
(a) if the assisted person has a legal representative, or representation by a person referred to in paragraph 17(2)(a) or (b) or 19(1)(a) or (b) — the representative does not oppose the approval; and
(b) the individual provides care or assistance to the person; and
(c) the arrangement for the receipt of CAPS payments is for the benefit of the person; and
(d) the individual seeking approval will use the funds only for the purpose for which they are provided.
(3) The Secretary may revoke an approval if satisfied that it is appropriate to do so in the circumstances, having regard to the matters mentioned in this section.
 Subsection 21(5)
(5) An organisation which receives a CAPS payment as agent for a participating person must:
(a) keep records that:
(i) are in a collated and accessible form; and
(ii) contain details of the amounts received and the dates the amounts were received; and
(iii) contain details of how the amounts were used; and
(b) in relation to each of those records, retain the record for the period ending 3 years after 30 June of the year in which the record was made.
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.