Aged Care (Conditions of Allocation) Determination 2006 (No 2)
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I, STEPHEN DELLAR, Assistant Secretary, Residential Program Management Branch, Ageing and Aged Care Division, Department of Health and Ageing, make this Determination under subsection 14-6(1) of the Aged Care Act 1997.
 
Dated     30     November 2006
 
 
 
 
STEPHEN DELLAR
Assistant Secretary, Residential Program Management Branch, Ageing and Aged Care Division, Department of Health and Ageing
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1                    Name of Determination
 
This Determination is the Aged Care (Conditions of Allocation)Determination 2006 (No. 2).
 
2          Commencement
 
            This Determination commences on the day after it is registered.
 
3          Definitions
 
            In this Determination:
 
            Act means the Aged Care Act 1997.
 
4          Conditions
 
1.         In respect of places in general:
 
(a)        that a care recipient cannot be discharged and readmitted to attract concessional resident supplement or enable a service to charge the care recipient an accommodation bond;
 
(b)        that an aged care service will be recognised as a new service only if the service relocates to:
(i)         a facility built for the service’s relocation; or
(ii)        a location that has no part of its catchment area in common with the catchment area of the location from which it moves;
 
Examples of services in which a service will not be recognised as a new service:
1.       A change of approved provider for the service
2.       A change in the number of places allocated to the service
3.       A temporary relocation of the service
4.       An amalgamation of co-located services
 
(c)        that Part III of Determination No. ADPCA 10F 3/1995 made under the Aged or Disabled Persons Care Act 1954, as in force on 30 September 1997, applied to a care recipient who was a resident of an approved hostel under that Act on that date.
 
 
2.                  In respect of community care places:
 
(a)        the approved provider must enter into an agreement with the Secretary, for the Commonwealth, containing provisions for the management of the places;
 
(b)        the approved provider must comply with the agreement;
 
(c)        the approved provider must average the proportion of care (if any) mentioned in the agreement over the first financial year      starting after the allocation is made, and over later years.
 
(d)        If the Agreement, or the notification of the allocation, states and class of people to whom the approved provider must provide community care, the Secretary must also determine a condition to the effect that the approved provider will give those people priority of access to the community care.
 
 
5                    Extent to which conditions apply
 
The conditions in this Determination apply:
(a)        in addition to any conditions previously determined under subsection 14-6(1) of the Act and any conditions
(b)        to allocations that occurred before or after the Determination is made.