Medicare Australia Amendment Regulations 2005 (No. 1)1 Select Legislative Instrument 2005 No. 220
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Medicare Australia Act 1973. Dated 6 October 2005 P. M. JEFFERY Governor-General By His Excellency’s Command JOE HOCKEY Minister for Human Services
1              Name of Regulations                 These Regulations are the Medicare Australia Amendment Regulations 2005 (No. 1). 2              Commencement                 These Regulations commence on 20 October 2005. 3              Amendment of Medicare Australia Regulations 1975                 Schedule 1 amends the Medicare Australia Regulations 1975.

Schedule 1        Amendments (regulation 3)    [1]           Before regulation 1 insert
Part 1                 Preliminary [2]           Regulation 3 substitute
3              Definitions                 In these Regulations: Act means the Medicare Australia Act 1973. Aged Care Act means the Aged Care Act 1997. Health Secretary means the Secretary of the Department of Health and Ageing. reappraisal period is the period under section 28-3 of the Aged Care Act in which a reappraisal of the classification of the level of care needed by an aged care recipient must be made. [3]           After regulation 3 insert
Part 2                 Prescribed functions — Aged Care Act
4              Terms used in this Part                 A term that is used in this Part and in the Aged Care Act has the same meaning in this Part as it has in that Act. Note   The following terms are defined in clause 1 of Schedule 1 to the Aged Care Act: ·      aged care service ·      approved provider ·      flexible care subsidy ·      protected information ·      recoverable amount ·      residential care service.
5              Request information relating to payments                 It is a prescribed function of the Chief Executive Officer, on behalf of the Health Secretary, to request an approved provider to give the Chief Executive Officer information relating to payments made under the Aged Care Act, in accordance with subsection 9-3 (1) of that Act.
6              Classification of care recipients                 Each of the following is a prescribed function of the Chief Executive Officer:                 (a)    on behalf of the Health Secretary, to classify a care recipient in accordance with section 25-1 of the Aged Care Act according to the level of care the care recipient needs, relative to the needs of other care recipients;                (b)    on behalf of the Health Secretary, to receive an appraisal of the level of care needed by a care recipient made under section 25-3 (and for the purposes of sections 26-1 and 26-2) of the Aged Care Act from a person applying for approval to become a recipient of one or more types of aged care;                 (c)    on behalf of the Health Secretary, to decide under subsection 26-2 (2) of the Aged Care Act, and having regard to any relevant information under subsection 26-2 (3) of that Act, whether an appraisal of a care recipient was sent in sufficient time to be received by the Health Secretary, in the ordinary course of events, within the period specified in paragraph 26-1 (a) or (b) as the case may be.
7              Renewal and change of classifications                 Each of the following is a prescribed function of the Chief Executive Officer:                 (a)    on behalf of the Health Secretary, to receive a reappraisal of the level of care needed by a care recipient, and renew the classification of a care recipient (other than a classification in relation to residential care provided as respite care) in accordance with section 28-1 of the Aged Care Act;                (b)    on behalf of the Health Secretary, to decide under subsection 28-5 (2) of the Aged Care Act and having regard to any relevant information under subsection 28-5 (3) of that Act, whether a reappraisal of the level of care needed by a care recipient was sent in sufficient time to be received, in the ordinary course of events, within the reappraisal period;                 (c)    on behalf of the Health Secretary, to notify an approved provider in writing under subsection 28-5 (4) of the Aged Care Act if the Chief Executive Officer (also acting on behalf of the Health Secretary) is not satisfied that a reappraisal received outside the reappraisal period was sent in sufficient time;                (d)    on behalf of the Health Secretary, to change a classification of a care recipient in accordance with subsection 29-1 (1) of the Aged Care Act;                 (e)    on behalf of the Health Secretary, to review a classification of a care recipient in accordance with subsection 29-1 (3) of the Aged Care Act before changing a classification under subsection 29-1 (1) of that Act;                 (f)    on behalf of the Health Secretary, to give written notice in accordance with subsection 29-1 (4) of the Aged Care Act to an approved provider that is providing care to a care recipient whose classification has been changed under subsection 29-1 (1) of that Act.
8              Certification of residential care service                 It is a prescribed function of the Chief Executive Officer to keep a record of the payment of application fees for certification of a residential care service received under paragraph 38-1 (2) (b) of the Aged Care Act.
9              Payment of subsidies          (1)   Subject to subregulation (3), each of the following is a prescribed function of the Chief Executive Officer:                 (a)    on behalf of the Health Secretary, to perform the functions conferred on the Health Secretary by Part 3.1 of the Aged Care Act;                (b)    on behalf of the Health Secretary, to perform the functions conferred on the Health Secretary by Part 3.2 of the Aged Care Act;                 (c)    on behalf of the Health Secretary, to perform the functions conferred on the Health Secretary by Part 3.3 of the Aged Care Act;                (d)    on behalf of the Commonwealth, to make payments of subsidies, and do anything necessary for the purpose of making such payments, in accordance with Part 3.1, 3.2 or 3.3 of the Aged Care Act.          (2)   It is also a prescribed function of the Chief Executive Officer:                 (a)    to make a record of information obtained in performing a function specified by subregulation (1); and                (b)    to disclose that information, in electronic or paper form, to the Minister for Health and Ageing, Health Secretary or an officer of the Department of Health and Ageing for use by that person in the exercise of powers under the Aged Care Act.          (3)   It is not a prescribed function of the Chief Executive Officer to do any of the following:                 (a)    approve a form that the Health Secretary is required to approve under Part 3.1 or 3.2 of the Aged Care Act;                (b)    make a determination under section 42-5 of the Aged Care Act;                 (c)    revoke a determination under section 42-6 of the Aged Care Act;                (d)    make a determination under subsection 44-20 (5) or (6) of the Aged Care Act;                 (e)    make a determination under section 44-31 of the Aged Care Act;                 (f)    perform a function or exercise a power of the Health Minister in relation to the determination or payment of a subsidy under Part 3.1, 3.2 or 3.3 of the Aged Care Act;                 (g)    enter into an agreement in relation to the payment of flexible care subsidy, in accordance with section 15.12 of the Flexible Care Subsidy Principles 1997.
10            Payment of grants — day therapy centres                 It is a prescribed function of the Chief Executive Officer, on behalf of the Commonwealth, to pay grants of money under Part 5.7 of the Aged Care Act, in accordance with section 83-1  of that Act, to a body corporate with which the Health Secretary has entered into a written agreement under subsection 83-1 (1) of that Act for the purpose of operating a day therapy centre.
11            Reconsideration and review of decisions                 Each of the following is a prescribed function of the Chief Executive Officer:                 (a)    on behalf of the Health Secretary, to exercise the powers and perform the functions of the Health Secretary under Part 6.1 of the Aged Care Act in relation to a reviewable decision described in items 28 to 31, 40, 41 and 44 to 47 of the table in section 85-1 of the Aged Care Act;                (b)    on behalf of the Health Secretary, to act in any legal proceeding relating to the exercise of those powers or the performance of those functions.
12            Protection of information                 Each of the following is a prescribed function of the Chief Executive Officer:                 (a)    on behalf of the Health Secretary, to make decisions, and exercise the powers and perform the functions of the Health Secretary under section 86-3 of the Aged Care Act and to disclose protected information as permitted by those paragraphs;                (b)    on behalf of the Health Secretary:                           (i)    to make information about an aged care service publicly available as permitted by subsections 86-9 (1) and (2) of the Aged Care Act; and                          (ii)    to make information about the outcome of a complaint relating to an aged care service available to a complainant under subsection 86-9 (3) of the Aged Care Act.
13            Powers of officers                 Each of the following is a prescribed function of the Chief Executive Officer:                 (a)    on behalf of the Health Secretary, to appoint a person by written instrument under section 90-3 of the Aged Care Act to be an authorised officer for the purposes of section 93-1 of that Act, but only in relation to a matter described in paragraph 93-1 (2) (b) of that Act;                (b)    on behalf of the Health Secretary, to obtain information and documents in accordance with subsection 93-1 (1) of the Aged Care Act, by requiring a person to attend before an authorised officer, but only in relation to a matter described in paragraph 93-1 (2) (b) of that Act;                 (c)    on behalf of the Health Secretary, to cause an identity card to be issued in accordance with section 94-1 of the Aged Care Act:                           (i)    to each person appointed by the Chief Executive Officer under the function prescribed by paragraph (a); and                          (ii)    which specifies, in addition to the matters mentioned in subsections 94-1 (2) and (3) of the Aged Care Act, that the person to whom the card is issued is appointed as an authorised officer only in relation to a matter described in paragraph 93-1 (2) (b) of that Act.
14            Recovery of overpayments — subsidies          (1)   Each of the following is a prescribed function of the Chief Executive Officer:                 (a)    to investigate whether the Commonwealth has paid to a person, by way of subsidy under Chapter 3 of the Aged Care Act, an amount that is a recoverable amount;                (b)    on behalf of the Commonwealth, to take action to recover an amount that is a recoverable amount (or part of it):                           (i)    under section 95-2 of the Aged Care Act, in a court of competent jurisdiction; or                          (ii)    by any other means;                 (c)    on behalf of the Health Secretary, to determine to do anything permitted by section 95-6 of the Aged Care Act in relation to a debt or class of debts arising, or an amount of a debt payable, under Chapter 3 of that Act.          (2)   In this regulation: recoverable amount has the meaning given by subsection 95-1 (1) of the Aged Care Act.
15            Recovery of overpayments — Subsidies and grants          (1)   Each of the following is a prescribed function of the Chief Executive Officer:                 (a)    to decide, for section 95-3 of the Aged Care Act, if a recoverable amount (or part of it) that an approved provider is liable to pay should be deducted from one or more other amounts payable to the approved provider under that Act;                (b)    to decide, for section 95-4 of the Aged Care Act, if a recoverable amount (or part of it) should be deducted from one or more other amounts payable under that Act to a transferee (within the meaning given by section 95-4 of that Act);                 (c)    to decide:                           (i)    if the Commonwealth is liable to make a refund to a transferee (within the meaning given by section 95-5 of the Aged Care Act) under subsection 95-5 (1) of that Act; and                          (ii)    if the Commonwealth is liable to make a refund under subsection 95-5 (1) of the Aged Care Act — the amount of the refund payable to a transferee mentioned in subparagraph (i) in accordance with subsection 95-5 (2) of that Act.
16            Extension of time for giving information relating to application                 It is a prescribed function of the Chief Executive Officer, on behalf of the Health Secretary, under subsection 96-7 (2) of the Aged Care Act:                 (a)    to receive and consider an applicant’s request to extend a period in which the applicant has been requested to give further information in relation to an application under that Act; and                (b)    to extend the period if the Chief Executive Officer considers it appropriate to do so.
17            Aged Care Principles          (1)   This regulation applies if:                 (a)    it is a prescribed function of the Chief Executive Officer under this Part to perform a function, or exercise a power, of the Health Secretary in relation to any matter; and                (b)    the performance of that function or the exercise of that power by the Health Secretary requires or permits the Health Secretary to act under, or in accordance with, a provision contained in any Principles made by the Minister for Health and Ageing under section 96-1 of the Aged Care Act.          (2)   Subject to the contrary intention, it is also a prescribed function of the Chief Executive Officer to act on behalf of the Health Secretary under, or in accordance with, a relevant provision of any Principles made by the Minister for Health and Ageing under section 96-1 of the Aged Care Act.          (3)   This regulation is for the avoidance of doubt.
Part 3                 Miscellaneous [4]           Regulation 5 relocate as regulation 18 in Part 3 Note
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