Document ID: chunk:federal_register_of_legislation:F2024C00993:reg:4:p2
Version: federal_register_of_legislation:F2024C00993
Segment Type: reg
Provision Reference: reg 4 (pt 2/2)
Character Range: 6144–7938

of continence aids to a participating person, but does not include a person:
 (a) with legal authority under a law of a State or Territory to act for the applicant or participating person; or
 (b) a person referred to in paragraphs 18(2)(a) to (c) or 20(1)(a) to(c).
participating person means:
 (a) a person approved under section 6 to participate in the Scheme; or
 (b) a person taken to participate, and to be eligible to participate, in the Scheme under item 3 of the Amendment Act,
unless the person's participation has ceased to have effect under this Instrument.
Note: Item 3 of the Amendment Act and section 10 of this Instrument deal with when a person's participation ceases to have effect.
permanent and severe incontinence means frequent and uncontrollable moderate to large loss of urine or faeces which impacts on a person's quality of life and which is unlikely to improve with medical, surgical or clinical treatment regimes.
residential care has the same meaning as in the Aged Care Act 1997.
residential care service has the same meaning as in the Aged Care Act 1997.
respite care has the same meaning as in the Aged Care Act 1997.
Scheme means the Continence Aids Payment Scheme formulated by the Continence Aids Payment Scheme 2010 and maintained in existence by this Instrument.
Secretary includes a person authorised by the Secretary to act on his or her behalf in approving forms for, or related to, this Instrument.
 (2) Nothing in this Instrument is intended to affect the operation of any law of a State or Territory that deals with legal representatives.
 (3) References to a legal representative in particular provisions and not in others is not intended to limit a legal representative's powers to act for the represented person.

Part 2—Participation in the Scheme