Document ID: chunk:federal_register_of_legislation:F2024C01167:clause:1_5:p1
Version: federal_register_of_legislation:F2024C01167
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 1/2)
Character Range: 14465–19947

5                                                           items 1, 2, 3 and 4 of this table do not apply to the restrictive practice in relation to the care recipient, but there is a medical treatment authority for the care recipient                         (a) if there is 1 such medical treatment authority—that medical treatment authority; or
                                                                                                                                                                                                                                                                    (b) if there are 2 or more such medical treatment authorities and the law of the State or Territory in which the care recipient is provided with aged care provides for the order of precedence of the medical treatment authorities—the medical treatment authority that takes precedence under that law; or
                                                                                                                                                                                                                                                                    (c) if:
                                                                                                                                                                                                                                                                    (i) there are 2 or more medical treatment authorities; and
                                                                                                                                                                                                                                                                    (ii) the law of the State or Territory in which the care recipient is provided with aged care does not provide for the order of precedence of the medical treatment authorities; and
                                                                                                                                                                                                                                                                    (iii) 1 of the medical treatment authorities is an individual;
                                                                                                                                                                                                                                                                     that individual; or
                                                                                                                                                                                                                                                                    (d) if:
                                                                                                                                                                                                                                                                    (i) there are 2 or more medical treatment authorities; and
                                                                                                                                                                                                                                                                    (ii) the law of the State or Territory in which the care recipient is provided with aged care does not provide for the order of precedence of the medical treatment authorities; and
                                                                                                                                                                                                                                                                    (iii) 1 or more of the medical treatment authorities are individuals;
                                                                                                                                                                                                                                                                     the eldest of those individuals.

 (3) For the purposes of paragraph (a) of column 1 of item 3 in the table in subsection (2), a person was a carer for the care recipient on an unpaid basis if:
 (a) the person was not employed, hired, retained or contracted (whether directly or through an employment or recruiting agency) as a carer for the care recipient; and
 (b) no payment or benefit other than one or more of the following was or will be made or given to the person for being a carer for the care recipient:
 (i) a carer payment or equivalent benefit;
 (ii) payment in kind;
 (iii) a payment or benefit as a beneficiary under the care recipient's will.
 (4) For the purposes of paragraph (b) of column 1 of item 3 in the table and paragraph (a) of column 1 of item 4 in the table in subsection (2), a person has a personal interest in the care recipient's welfare on an unpaid basis if:
 (a) the person is not employed, hired, retained or contracted (whether directly or through an employment or recruiting agency) to have that interest; and
 (b) no payment or benefit other than one or more of the following is or will be made or given to the person for having that interest:
 (i) a carer payment or equivalent benefit;
 (ii) payment in kind;
 (iii) a payment or benefit as a beneficiary under the care recipient's