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Allocation Amendment Principles 2008 (No. 2)

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Allocation Amendment Principles 2008 (No. 2)1
Aged Care Act 1997
I, JUSTINE ELLIOT, Minister for Ageing, make these Principles under subsection 96-1 (1) of the Aged Care Act 1997.
Dated 18 December 2008
JUSTINE ELLIOT
Minister for Ageing
1              Name of Principles
                These Principles are the Allocation Amendment Principles 2008 (No. 2).
2              Commencement
                These Principles commence on the commencement of the Aged Care Amendment (2008 Measures No. 2) Act 2008.
3              Amendment of Allocation Principles 1997
                Schedule 1 amends the Allocation Principles 1997.
 
Schedule 1        Amendments
(section 3)
  
[1]           Note before Part 1
omit
allocated to successful approved providers.
insert
allocated.
[2]           Section 4.3, definition of key personnel
substitute
key personnel has the same meaning as in section 8-3A of the Act.
[3]           Paragraphs 4.49 (2) (a) and (b)
substitute
                (a)    whether the person has received, from authorities in the State or Territory where the aged care service is located, authorisation that the service’s premises can be occupied; and
               (b)    whether the person has applied for accreditation of the service, and paid all application fees; and
[4]           Paragraph 4.49 (2) (e)
omit
provider’s
[5]           Part 7, heading
substitute
Part 7                 Transfer of places other than provisionally allocated places
  
Division 1A           Application of this Part
4.55A      Application of this Part
                This Part applies to places other than provisionally allocated places.
[6]           Section 4.58
omit
and a document to be given with the application
[7]           Section 4.59, heading
substitute
4.59        Additional information to be submitted with application
[8]           Section 4.60
omit
, and a document to be given with the application
[9]           Section 4.61, heading
substitute
4.61        Additional information to be submitted with application
[10]         Subparagraph 4.61 (2) (f) (ii)
omit
cost; and
insert
cost and the means by which the transferee proposes to meet that cost; and
[11]         Subparagraph 4.61 (2) (f) (viii)
substitute
                       (viii)    a detailed timetable for calling tenders, planning and construction and development of the service, the factors likely to affect the achievement of the timetable, and an indication of the transferee’s ability to meet the timetable; and
                        (ix)    how the transferee intends to comply with any existing conditions of allocation and any conditions that are varied as part of the application to transfer the places.
[12]         After Part 7
insert
Part 7A               Transfer of provisionally allocated places
Division 1              When applications must be made
4.66C     Purpose of Division (Act, s 16-14)
                This Division sets out the matters that the Secretary must consider in:
                (a)    deciding whether to determine another period before a proposed transfer day within which an application to transfer a provisionally allocated place from one person to another must be made; and
               (b)    determining another period.
4.66D     Deciding whether to determine different application period — transferee is approved provider
         (1)   The Secretary must consider the following matters in deciding whether to determine another application period:
                (a)    the reasons why the different period has been requested;
               (b)    any conditions relevant to the places that are proposed to be transferred.
         (2)   However, the Secretary may also consider any other relevant matter.
4.66E      Determining different application period
         (1)   If the Secretary has decided to determine another application period, the Secretary must consider the following matters in determining the other application period:
                (a)    any conditions relevant to the places that are proposed to be transferred;
               (b)    whether the period:
                          (i)    is too short or long to allow for an efficient transition; or
                         (ii)    will be adequate to allow for the normal processing of the transfer.
         (2)   However, the Secretary may also consider any other relevant matters.
Division 2              Information to be included in application
4.66F      Purpose of Division (Act, s 16-14)
                This Division specifies additional information to be included in an application for the transfer of provisionally allocated places.
4.66G     Additional information to be submitted with application
         (1)   The application by an approved provider applying to transfer provisionally allocated places must include the following additional information:
                (a)    why the approved provider:
                          (i)    has not been able to apply to the Secretary to have the provisional allocations take effect under section 15-1 of the Act; and
                         (ii)    seeks to have the provisional allocations transferred;
               (b)    the exceptional circumstances that the transferor considers will justify the transfer in meeting the needs of the aged care community in the region for which the places were provisionally allocated.
         (2)   The application must also include the following information, given by the proposed transferee:
                (a)    how the transferee proposes to undertake the responsibilities of an approved provider under Parts 4.1 and 4.2 of the Act;
               (b)    what the transferee proposes to do to ensure the service is financially viable;
                (c)    details of other aged care services through which the transferee provides residential care services;
               (d)    details of other aged care services through which the transferee provides community care services, including the target area for the community care services;
                (e)    how the transferee proposes:
                          (i)    to protect the rights of individual care recipients; and
                         (ii)    to ensure the quality of care for care recipients; and
                         (iii)    to maintain the independence of care recipients; and
                        (iv)    to provide continuing assessment services and evaluation programs for care recipients; and
                         (v)    to support the social functioning of care recipients, including maintaining contact with family, friends and the community; and
                        (vi)    to provide accommodation and care that meet the needs of individual care recipients; and
                        (vii)    to provide accommodation and care for care recipients with special needs; and
                       (viii)    to provide a non-institutional environment in which care recipients will be encouraged to keep personal possessions; and
                        (ix)    to provide varying levels of care relevant to the needs of individual care recipients; and
                         (x)    to decide criteria for admission to the proposed aged care service (for example, whether the transferee would admit people only from a particular area);
                (f)    if the transferee proposes to complete construction or development of premises where the places are located:
                          (i)    a description of the project; and
                         (ii)    an estimate of the total cost and the means by which the transferee proposes to meet that cost; and
                         (iii)    a detailed timetable for the project, the factors likely to affect the achievement of the timetable, and an indication of the transferee’s ability to meet the timetable; and
                        (iv)    the ownership arrangements of the proposed site and premises; and
                         (v)    how the land around the site is being used; and
                        (vi)    whether there are any proposals before an authority in the State or Territory concerned about the use of the site; and
                        (vii)    how the transferee intends to ensure that the places become operational in a timely manner; and
                       (viii)    how the transferee intends to comply with any existing conditions of allocation and any conditions that are varied as part of the application to transfer the places.
         (3)   The last audited company statements of the proposed transferee’s aged care services (if any) must be provided with the application.
Division 3              Consideration of whether transfer justified
4.66H     Purpose of Division (Act, s 16-16)
                This Division sets out additional matters that the Secretary must consider in deciding whether the transfer of a place is justified in the circumstances.
4.66I       Additional matters
         (1)   The Secretary must consider the following:
                (a)    the effect of the proposed transfer on the need for the provision of residential care by the transferee in the region, and whether the residential care needs of the region have changed since the original allocation of the provisional allocations;
               (b)    how far the service development has progressed;
                (c)    the capacity of the transferee to complete the service so that the transferee will be able to apply to the Secretary to have the provisional allocations take effect under section 15-1 of the Act;
               (d)    the extent to which the care needs of the region are better met by the transfer of the provisional allocations to the transferee than by not allowing the transfer.
         (2)   In considering the effect of the proposed transfer on future care recipients, the Secretary must take into account:
                (a)    whether the transfer would increase or lessen the diversity of choice available to care recipients in the region, having regard to the different kinds of services available in the region; and
               (b)    whether the transfer will increase the likelihood of care recipients receiving continuity of care in a region; and
                (c)    any issue raised by the transferor or transferee in the application to transfer places; and
               (d)    if, after the transfer, the places would relate to the same aged care service:
                          (i)    the suitability of the premises being used by the transferor, and proposed to be used by the transferee, to provide care through the aged care service, in particular whether the premises would meet the Accreditation Standards or the criteria for certification under the Act; and
                         (ii)    for a transferee who owns the premises being used by the transferor, and proposed to be used by the transferee, to provide care through the aged care service and the premises would not meet the Accreditation Standards or the criteria for certification under the Act — the failure of the transferee to have improved the premises.
Example for paragraph (2) (a)
In considering choice, kinds of services available in the region may include the following:
(a)   ‘extra service’ services;
(b)   ageing in place services;
(c)   service for those affected by dementia;
(d)   services for care recipients belonging to ethnic or indigenous communities.
Example for paragraph (2) (b)
The Secretary may take into account whether the service has demonstrated its long-term financial and organisational viability.
The Secretary may also take into account whether the application is for places in a region that, at the time of consideration, has a low proportion of certified services.
Note   The Secretary must not approve the transfer if the location for which the place is provisionally allocated will change as a result of the transfer (see paragraph 16-13 (2) (e) of the Act).
         (3)   However, the Secretary may consider any other relevant matter.
Division 4              Information to be given to transferee
4.4.66J   Purpose of Division (Act, s 16-21)
                This Division specifies information that may be given to the transferee and a time for giving the information.
4.66K     Information to be given to transferee
                The Secretary may give the transferee information about the following matters:
                (a)    the amount of respite care (if any) to be provided by the transferor’s aged care service;
               (b)    matters relating to the certification of the aged care service;
                (c)    matters relating to whether the aged care service meets its accreditation requirement;
               (d)    matters relating to the residential care grants (if any) made for the aged care service;
                (e)    matters relating to any grants under the Aged or Disabled Persons Care Act 1954, or Part VAB of the National Health Act 1953, that have been made for that aged care service;
                (f)    compliance by the transferor with the transferor’s responsibilities under Chapter 4 of the Act in relation to the aged care service, including any action that has been taken or is proposed to be taken, under Part 4.4 of the Act, for that aged care service;
                (g)    the conditions to which the places being transferred are subject;
                (h)    any other matters about the transferor’s aged care service of which the Secretary considers the transferee should be informed.
4.66L      When information is to be given
         (1)   The Secretary should give the information to the transferee at least 28 days before the transfer day.
Note   The transfer day is the day when the transfer of an allocated place from one person to another takes effect. The day is set under section 16-7 of the Act.
         (2)   However, if the transferor asks the Secretary, in writing, to give the information to the transferee within 28 days after making the request, the Secretary should comply with the request.
[13]         Further amendments
 

Provision
omit each mention of
insert

Sections 4.42 and 4.44
an approved provider
a person

Section 4.45
the approved provider
the person

Section 4.48
an approved provider
a person

Section 4.48
the approved provider
the person

Section 4.49
the approved provider
the person

Note
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.