Document ID: chunk:federal_register_of_legislation:C2004A04495:body:0:p2
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(No. 3) 1992

No. 204 of 1992

An Act to amend legislation relating to health and community services

[Assented to 21 December 1992]

  The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Health and Community Services Legislation Amendment Act (No. 3) 1992.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

PART 2—AMENDMENTS OF THE AGED OR DISABLED PERSONS CARE ACT 1954

Principal Act

3. In this Part, "Principal Act" means the Aged or Disabled Persons Care Act 19541.

Interpretation

  4. Section 2 of the Principal Act is amended:

     (a)     by omitting ", hostel care services and personal care services, or respite care services," from the definition of "hostel place" in subsection (1) and substituting "and personal care services";

     (b)     by omitting "respite care services" from the definition of "respite care place" in subsection (1) and substituting "care services";

     (c)     by omitting from subsection (1) the definitions of "relevant care services" and "respite care services";

  (d)     by inserting in subsection (1) the following definitions:

     " 'care service standards' means the standards set out in the General Conditions as standards to be met in the provision of hostel care services and personal care services;

     'care services' means hostel care services and personal care services;".

     'Orders' means the Orders made by the Minister under section 10FH;".

Purpose

5. Section 3 of the Principal Act is amended by omitting from paragraph (1)(b) "and respite care services".

Authority to provide financial assistance

6. Section 10C of the Principal Act is amended by omitting from subsection (1) all the words after "of" (last occurring) and substituting "hostel care services and personal care services".

Insertion of new section

7. After section 10D of the Principal Act the following section is inserted:

Payments of financial assistance if a declaration under section 10FI is in force

"10DAA.(1) If the Minister has made a declaration in respect of a hostel under section 10FI, the Minister may, by written notice served on the proprietor, determine that the following rules apply in respect of the payment of financial assistance under section 10D, in respect of the hostel for the period that the declaration operates:

    (a)     as long as the person who occupied an approved hostel place or an approved respite care place in the hostel on the day the Minister made the declaration continues to occupy that place, the amount of financial assistance and the circumstances in which it becomes payable to the organisation in respect of the place, is as provided for in section 10D;

    (b)     in either of the following circumstances, the place is taken to be unoccupied for the purposes of section 10D:

         (i)