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Health and Community Services Legislation Amendment Act (No. 2) 1992

No. 192 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. 2) 1992.

Commencement

2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

  (2)     Sections 3, 4, 5 and 6 commence on 28 April 1993.

  (3)     Paragraph 8(b) commences on 1 January 1993.

  (4)     Section 9 commences on 31 December 1992.

  (5)     Section 20 commences on 1 November 1992.

  (6)     Sections 24 to 27 commence on 6 January 1993.

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 by inserting in subsection (1) the following definition:

" 'financially disadvantaged person', except in section 9, means a person who, in accordance with the manner of identification provided for in the General Conditions has been identified as financially disadvantaged;".

5. Section 10D of the Principal Act is repealed and the following section is inserted:

Payments of financial assistance

"10D.(1) The amount of financial assistance payable to an organisation under this Division in respect of an approved hostel is as set out in the following subsections.

"(2) In respect of each hostel place (other than a respite care place) that is occupied by an existing resident:

  (a)     who is assessed as being financially disadvantaged; and

  (b)     who is assessed as requiring hostel care services only; and

(c)     for whom the organisation makes hostel care services available; the financial assistance payable is an amount calculated at the rate of $2.10 per day or such higher rate as is determined by the Minister by written instrument.

"(3) In respect of each hostel place (other than a respite care place) that is occupied by a new resident to whom paragraphs (2)(a), (b) and (c) apply, the financial assistance payable is an amount calculated at such rate as the Minister determines by written instrument.

"(4) In respect of each hostel place (other than a respite care place) that is occupied by an existing resident:

    (a)     who is assessed as requiring hostel care services and personal care services; and

  (b)     for whom those services are made available by the organisation;

the financial assistance payable is an amount calculated at such rate determined by the Minister under subsection (9) as is applicable to that place because of the resident's classification.

"(5) In respect of each hostel place