Explanatory Memorandum
(Circulated by authority of the Minister for Aged Care and Sport, the Hon. Anika Wells MP)OUTLINE
The Aged Care (Consequential and Transitional Provisions) Bill 2024 (the Transitional Bill) makes transitional and consequential provisions to support the commencement of the Aged Care Bill 2024 (the Aged Care Bill). The Aged Care Bill will replace the Aged Care Act 1997 (the old Act), the Aged Care Quality and Safety Commission Act 2018 (the Commission Act) and the Aged Care (Transitional Provisions) Act 1997 (the old Transitional Provisions Act) as the Commonwealth's primary aged care legislation.
The Transitional Bill forms part of a package of Bills that will establish a modern rights-based legislative framework that focuses on the safety, health and wellbeing of older individuals and places their needs at the centre of the aged care system. Funding and regulation of programs will be targeted for the benefit of older individuals, their families and carers.
The Transitional Bill will repeal the old Act, the Commission Act and the old Transitional Provisions Act.
In addition, the Transitional Bill will make consequential amendments to Commonwealth legislation to reflect the repeal of the old law, ensuring references to them are read as references to the new Act and associated legislative instruments.
The Transitional Bill further provides for the legislative and administrative mechanisms to allow for elements of the existing aged care framework to move seamlessly to the new arrangements to be established under the Aged Care Bill. Importantly, this includes ensuring that continuity of care is maintained for older persons accessing aged care services through transitional arrangements which see their approvals to access care and the levels of care available to them safeguarded through transition.
Similarly, the Transitional Bill provides for the transition of approved providers of aged care to the new registration and regulatory framework for 'registered providers'. In addition, this will include those aged care programs which were previously outside the scope of the existing aged care legislation, such as the National Aboriginal and Torres Strait Islander Flexible Aged Care (NATSIFAC) Program and the Commonwealth Home Support Programme (CHSP), thereby ensuring consistent and effective regulation across the delivery of all aged care services by the aged care sector.
The Transitional Bill provides for the existing Commissioner and Aged Care Quality and Safety Commission to transition to their equivalent counterparts established under the new Act. This will allow continuing regulation of the delivery of aged care services to be maintained throughout transition.
Funding arrangements are integral to the operation of the aged care system. The Transitional Bill does not specifically address transition of funding arrangements nor the Government's commitment made on introduction of the Aged Care Bill that specified persons already in the aged care system would be no worse off as a result of transition. Instead, these matters are provided for in the Aged Care Bill itself and through its legislative instruments. This ensures that matters relating to aged care funding can be dealt with in a clear and consolidated manner, regardless of the timing of an individual's entry into the aged care system.
Consequential amendments
Schedule 1 of the Transitional Bill amends the following Commonwealth legislation:
- •
- Crimes Act 1914
- •
- Freedom of Information Act 1982
- •
- National Disability Insurance Scheme Act 2013
Financial Impact Statement
No financial impact on the Commonwealth will arise from the introduction of the Transitional Bill.
Copyright notice
© Australian Taxation Office for the Commonwealth of Australia
You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).
