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AGED CARE ACT 1997 !!!The following amendments (No. 9, 2006 and No. 28, 2006 and No. 136, 2006) have not been incorporated. - List of Sections

Section

Compilation Information

Long Title

AGED CARE ACT 1997
Chapter 1—Introduction

AGED CARE ACT 1997
Division 1—Preliminary matters


1-1. Short title [ see Note 1]
1-2. Commencement [ see Note 1]
1-3. Identifying defined terms
1-4. Tables of Divisions and Subdivisions do not form part of this Act
AGED CARE ACT 1997
Division 2—Objects


2-1. The objects of this Act
AGED CARE ACT 1997
Division 3—Overview of this Act


3-1. General
3-2. Preliminary matters relating to subsidies (Chapter 2)
3-3. Subsidies (Chapter 3)
3-4. Responsibilities of approved providers (Chapter 4)
3-5. Grants (Chapter 5)
3-6. The structure of this Act
AGED CARE ACT 1997
Division 4—Application of this Act


4-1. Application of this Act
4-2. Binding the Crown
AGED CARE ACT 1997
Chapter 2—Preliminary matters relating to subsidies

AGED CARE ACT 1997
Division 5—Introduction


5-1. What this Chapter is about
5-2. Which approvals etc. may be relevant
AGED CARE ACT 1997
Part 2.1—Approval of providers

AGED CARE ACT 1997
Division 6—Introduction


6-1. What this Part is about
6-2. The Approved Provider Principles
AGED CARE ACT 1997
Division 7—What is the significance of approval as a
provider of aged care?


7-1. Providers of aged care must be approved to receive subsidy
7-2. Approvals may be restricted
AGED CARE ACT 1997
Division 8—How does a person become an approved provider?


8-1. Approval as a provider of aged care
8-2. Applications for approval
8-3. Suitability of people to provide aged care
8-4. Requests for further information
8-5. Notification of Secretary's determination
8-6. States, Territories and local government taken to be approved providers
AGED CARE ACT 1997
Division 9—What obligations arise from being an approved
provider?


9-1. Obligation to notify certain changes
9-2. Obligation to give information relevant to an approved provider's status when requested
9-3. Obligation to give information relevant to payments under this Act
9-4. Obligations while approval is suspended
AGED CARE ACT 1997
Division 10—When does an approval cease to have effect?


10-1. Cessation of approvals
10-2. Approval lapses if services not provided for 6 months
10-3. Revocation of approval
10-4. Revocation of approval on request of approved provider
AGED CARE ACT 1997
Division 10A—Disqualified individuals


10A-1.Meaning of disqualified individual
10A-2.Disqualified individual must not be one of the key personnel of an approved provider
10A-3.Remedial orders
AGED CARE ACT 1997
Part 2.2—Allocation of places

AGED CARE ACT 1997
Division 11—Introduction


11-1. What this Part is about
11-2. The Allocation Principles
11-3. Meaning of people with special needs
11-4. Explanation of the allocation process
AGED CARE ACT 1997
Division 12—How does the Commonwealth plan its allocations
of places?


12-1. The planning process
12-2. Objectives of the planning process
12-3. Minister to determine the number of places available for allocation
12-4. Distributing available places among regions
12-5. Determining proportion of care to be provided to certain groups of people
12-6. Regions
12-7. Aged Care Planning Advisory Committees
AGED CARE ACT 1997
Division 13—How do people apply for allocations of places?


13-1. Applications for allocations of places
13-2. Invitation to apply
13-3. Application fee
13-4. Requests for further information
AGED CARE ACT 1997
Division 14—How are allocations of places decided?


14-1. Allocation of places
14-2. Competitive assessment of applications for allocations
14-3. Compliance with the invitation
14-4. Waiver of requirements
14-5. Conditions relating to particular allocations
14-6. Conditions relating to allocations generally
14-7. Allocation of places to services with extra service status
14-8. Notification of allocation
14-9. Allocations in situations of emergency
AGED CARE ACT 1997
Division 15—When do allocations of places take effect?


15-1. When allocations take effect
15-2. Provisional allocations
15-3. Applications for determinations
15-4. Variation or revocation of provisional allocations
15-5. Variation of provisional allocations on application of approved provider
15-6. Surrendering provisional allocations
15-7. Provisional allocation periods
AGED CARE ACT 1997
Division 16—How are allocated places transferred from one
person to another?


16-1. Transfer of places
16-2. Applications for transfer of places
16-3. Requests for further information
16-4. Consideration of applications
16-5. Time limit for decisions on applications
16-6. Notice of decision on transfer
16-7. Transfer day
16-8. Transfer of places to service with extra service status
16-9. Information to be given to transferee
16-10.Transferors to provide transferee with certain records
16-11.Effect of transfer on certain matters
AGED CARE ACT 1997
Division 17—How are the conditions for allocations of places
varied?


17-1. Variation of allocations
17-2. Applications for variation of allocations
17-3. Requests for further information
17-4. Consideration of applications
17-5. Time limit for decisions on applications
17-6. Notice of decisions
17-7. Variation day
17-8. Variation involving relocation of places to service with extra service status
AGED CARE ACT 1997
Division 18—When do allocations cease to have effect?


18-1. Cessation of allocations
18-2. Relinquishing places
18-3. Proposals relating to the care needs of care recipients
18-4. Approved providers' obligations relating to the care needs of care recipients
18-5. Revocation of unused allocations of places
AGED CARE ACT 1997
Part 2.3—Approval of care recipients

AGED CARE ACT 1997
Division 19—Introduction


19-1. What this Part is about
19-2. The Approval of Care Recipients Principles
AGED CARE ACT 1997
Division 20—What is the significance of approval as a care
recipient?


20-1. Care recipients must be approved before subsidy can be paid
20-2. Effect of limitation of approvals
AGED CARE ACT 1997
Division 21—Who is eligible for approval as a care recipient?


21-1. Eligibility for approval
21-2. Eligibility to receive residential care
21-3. Eligibility to receive community care
21-4. Eligibility to receive flexible care
AGED CARE ACT 1997
Division 22—How does a person become approved as a care
recipient?


22-1. Approval as a care recipient
22-2. Limitation of approvals
22-3. Applications for approval
22-4. Assessments of care needs
22-5. Date of effect of approval
22-6. Notification of decisions
AGED CARE ACT 1997
Division 23—When does an approval cease to have effect?


23-1. Expiration, lapse or revocation of approvals
23-2. Expiration of time limited approvals
23-3. Approval lapses if care not received within a certain time
23-4. Revocation of approvals
AGED CARE ACT 1997
Part 2.4—Classification of care recipients

AGED CARE ACT 1997
Division 24—Introduction


24-1. What this Part is about
24-2. The Classification Principles
AGED CARE ACT 1997
Division 25—How are care recipients classified?


25-1. Classification of care recipients
25-2. Classification levels
25-3. Appraisals of the level of care needed
25-4. Suspending approved providers from making appraisals
25-5. Authorisation of another person to make appraisals
AGED CARE ACT 1997
Division 26—When do classifications take effect?


26-1. Appraisals received within the appropriate period—care other than respite care
26-2. Assessments not received within the appropriate period—care other than respite care
26-3. When respite care classifications take effect
AGED CARE ACT 1997
Division 27—When do classifications cease to have effect?


27-1. Expiry dates for classifications
27-2. Cessation of care
27-3. Extended hospital leave
AGED CARE ACT 1997
Division 28—How are classifications renewed?


28-1. Renewing classifications
28-2. Reappraisal of the level of care needed
28-3. Reappraisal period for classifications
28-4. Date of effect of renewal
28-5. Reappraisal given to the Secretary after the reappraisal period
AGED CARE ACT 1997
Division 29—How are classifications changed?


29-1. Changing classifications
29-2. Date of effect of change
AGED CARE ACT 1997
Part 2.5—Extra service places

AGED CARE ACT 1997
Division 30—Introduction


30-1. What this Part is about
30-2. The Extra Service Principles
30-3. Meaning of distinct part
AGED CARE ACT 1997
Division 31—When is a place an extra service place?


31-1. Extra service place
31-3. Effect of allocation or transfer of places to services with extra service status
AGED CARE ACT 1997
Division 32—How is extra service status granted?


32-1. Grants of extra service status
32-2. Invitations to apply
32-3. Applications for extra service status
32-4. Criteria to be considered by Secretary
32-5. Competitive assessment of applications
32-6. Application fee
32-7. Maximum proportion of places
32-8. Conditions of grant of extra service status
32-9. Notification of extra service status
AGED CARE ACT 1997
Division 33—When does extra service status cease?


33-1. Cessation of extra service status
33-3. Lapsing of extra service status
33-4. Revocation or suspension of extra service status at approved provider's request
AGED CARE ACT 1997
Division 35—How are extra service fees approved?


35-1. Approval of extra service fees
35-2. Applications for approval
35-3. Rules about amount of extra service fee
35-4. Notification of Secretary's decision
AGED CARE ACT 1997
Division 36—When is residential care provided on an extra
service basis?


36-1. Provision of residential care on extra service basis
36-2. Extra service agreements not to be entered under duress etc.
36-3. Contents of extra service agreements
36-4. Additional protection for existing residents
AGED CARE ACT 1997
Part 2.6—Certification of residential care services

AGED CARE ACT 1997
Division 37—Introduction


37-1. What this Part is about
37-2. The Certification Principles
AGED CARE ACT 1997
Division 38—How is a residential care service certified?


38-1. Certification of residential care services
38-2. Applications for certification
38-3. Suitability of residential care service for certification
38-4. Secretary may require service to be assessed
38-5. Requests for further information
38-6. Notification of Secretary's determination
38-7. Application fee
AGED CARE ACT 1997
Division 39—When does certification cease to have effect?


39-1. Certifications ceasing to have effect
39-2. Lapse of certification on change of location of residential care service
39-3. Revocation of certification
39-4. Review of certification
39-5. Revocation of certification on request of approved provider
AGED CARE ACT 1997
Chapter 3—Subsidies

AGED CARE ACT 1997
Division 40—Introduction


40-1. What this Chapter is about
AGED CARE ACT 1997
Part 3.1—Residential care subsidy

AGED CARE ACT 1997
Division 41—Introduction


41-1. What this Part is about
41-2. The Residential Care Subsidy Principles
41-3. Meaning of residential care
AGED CARE ACT 1997
Division 42—Who is eligible for residential care subsidy?


42-1. Eligibility for residential care subsidy
42-2. Leave from residential care services
42-3. Working out periods of leave
42-4. Accreditation requirement
42-5. Determinations allowing for exceptional circumstances
42-6. Revocation of determinations
42-7. Exceeding the number of places for which there is an allocation
42-8. Notice of refusal to pay residential care subsidy
AGED CARE ACT 1997
Division 43—How is residential care subsidy paid?


43-1. Payment of residential care subsidy
43-2. Meaning of payment period
43-3. Advances
43-4. Claims for residential care subsidy
43-5. Deductions for fees
43-6. Capital repayment deductions
43-7. Deductions for additional recurrent funding
43-8. Non-compliance deductions
43-9. Recovery of overpayments
AGED CARE ACT 1997
Division 44—What is the amount of residential care subsidy?


44-1. What this Division is about
AGED CARE ACT 1997
Subdivision 44-A—Working out the amount of residential care
subsidy


44-2. Amount of residential care subsidy
AGED CARE ACT 1997
Subdivision 44-B—The basic subsidy amount


44-3. The basic subsidy amount
44-4. Effect on classification levels of long periods in hospital
AGED CARE ACT 1997
Subdivision 44-C—Primary supplements


44-5. Primary supplements
44-6. The concessional resident supplement
44-7. Meaning of concessional resident
44-8. Meaning of assisted resident
44-8AA.Determinations for sections 44-7 and 44-8
44-8AB.Determination of value of person's assets
44-8A.The charge exempt resident supplement
44-8B.Meaning of charge exempt resident
44-9. Person taken not to be a concessional resident or an assisted resident if asset information not provided
44-10.How to work out the value of a person's assets
44-11.Definitions relating to concessional residents and assisted residents
44-12.The respite supplement
44-13.The oxygen supplement
44-14.The enteral feeding supplement
44-15.Requests for further information
44-16.Additional primary supplements
AGED CARE ACT 1997
Subdivision 44-D—Reductions in subsidy


44-17.Reductions in subsidy
44-18.The extra service reduction
44-19.The adjusted subsidy reduction
44-20.The compensation payment reduction
AGED CARE ACT 1997
Subdivision 44-E—The income test


44-21.The income test
44-22.Daily income tested reduction taken to be zero in some circumstances
44-23.Effect on daily income tested reduction of failure to give requested information
44-24.The care recipient's ordinary income
44-25.Ordinary income of war widows and war widowers
44-26.The care recipient's ordinary income free area
AGED CARE ACT 1997
Subdivision 44-F—Other supplements


44-27.Other supplements
44-28.The pensioner supplement
44-29.The viability supplement
44-30.The hardship supplement
44-31.Determining cases of financial hardship
AGED CARE ACT 1997
Part 3.2—Community care subsidy

AGED CARE ACT 1997
Division 45—Introduction


45-1. What this Part is about
45-2. The Community Care Subsidy Principles
45-3. Meaning of community care
AGED CARE ACT 1997
Division 46—Who is eligible for community care subsidy?


46-1. Eligibility for community care subsidy
46-2. Suspension of community care services
46-3. Exceeding the number of places for which there is an allocation
46-4. Notice of refusal to pay community care subsidy
AGED CARE ACT 1997
Division 47—On what basis is community care subsidy paid?


47-1. Payability of community care subsidy
47-2. Meaning of payment period
47-3. Advances
47-4. Claims for community care subsidy
47-5. Recovery of overpayments
AGED CARE ACT 1997
Division 48—What is the amount of community care subsidy?


48-1. Amount of community care subsidy
AGED CARE ACT 1997
Part 3.3—Flexible care subsidy

AGED CARE ACT 1997
Division 49—Introduction


49-1. What this Part is about
49-2. The Flexible Care Subsidy Principles
49-3. Meaning of flexible care
AGED CARE ACT 1997
Division 50—Who is eligible for flexible care subsidy?


50-1. Eligibility for flexible care subsidy
50-2. Kinds of care for which flexible care subsidy may be payable
50-3. Exceeding the number of places for which there is an allocation
50-4. Notice of refusal to pay flexible care subsidy
AGED CARE ACT 1997
Division 51—On what basis is flexible care subsidy paid?


51-1. Payment of flexible care subsidy
AGED CARE ACT 1997
Division 52—What is the amount of flexible care subsidy?


52-1. Amounts of flexible care subsidy
AGED CARE ACT 1997
Chapter 4—Responsibilities of approved providers

AGED CARE ACT 1997
Division 53—Introduction


53-1. What this Chapter is about
53-2. Failure to meet responsibilities does not have consequences apart from under this Act
AGED CARE ACT 1997
Part 4.1—Quality of care

AGED CARE ACT 1997
Division 54—Quality of care


54-1. Responsibilities of approved providers
54-2. Accreditation Standards
54-3. Residential Care Standards
54-4. Community Care Standards
54-5. Flexible Care Standards
AGED CARE ACT 1997
Part 4.2—User rights

AGED CARE ACT 1997
Division 55—Introduction


55-1. What this Part is about
55-2. The User Rights Principles
AGED CARE ACT 1997
Division 56—What are the general responsibilities relating
to user rights?


56-1. Responsibilities of approved providers—residential care
56-2. Responsibilities of approved providers—community care
56-3. Responsibilities of approved providers—flexible care
56-4. Complaints resolution mechanisms
56-5. Extent to which responsibilities apply
AGED CARE ACT 1997
Division 57—What are the responsibilities relating to
accommodation bonds?


57-1. What this Division is about
AGED CARE ACT 1997
Subdivision 57-A—The basic rules


57-2. Basic rules about accommodation bonds
AGED CARE ACT 1997
Subdivision 57-B—Prudential requirements


57-3. Compliance with prudential requirements
57-4. General prudential requirements
57-5. Approval of prudential requirements
57-6. Applications for approval of specific prudential requirements
57-7. Requests for further information
57-8. Notification of Secretary's decision
AGED CARE ACT 1997
Subdivision 57-C—Accommodation bond agreements


57-9. Contents of accommodation bond agreements
57-10.Accommodation bond agreements may be incorporated into other agreements
57-11.Agreements cannot affect requirements of this Division
AGED CARE ACT 1997
Subdivision 57-D—Amounts of accommodation bonds


57-12.Maximum amount of accommodation bond
57-13.Maximum amount of accommodation bond if care recipient moves between residential care services
57-14.Accommodation bond not payable in cases of financial hardship
57-15.Revocation of determinations of financial hardship
AGED CARE ACT 1997
Subdivision 57-E—Payment of accommodation bonds


57-16.Period for payment of accommodation bond
57-17.Payment of an accommodation bond by periodic payments
AGED CARE ACT 1997
Subdivision 57-F—Rights of approved providers


57-18.Approved provider may retain income derived
57-19.Amounts to be deducted from accommodation bond balance
57-20.Retention amounts
AGED CARE ACT 1997
Subdivision 57-G—Refunds


57-21.Refunding of accommodation bond balance
57-22.Delaying refunds to secure re-entry
AGED CARE ACT 1997
Subdivision 57-H—Charging an accommodation bond instead of
an accommodation charge


57-23.Charging an accommodation bond instead of an accommodation charge
AGED CARE ACT 1997
Division 57A—What are the responsibilities relating to
accommodation charges?


57A-1.What this Division is about
AGED CARE ACT 1997
Subdivision 57A-A—The basic rules


57A-2.Basic rules about accommodation charges
AGED CARE ACT 1997
Subdivision 57A-B—Accommodation charge agreements


57A-3.Contents of accommodation charge agreements
57A-4.Accommodation charge agreements may be incorporated into other agreements
57A-5.Agreements cannot affect requirements of this Division
AGED CARE ACT 1997
Subdivision 57A-C—Daily accrual amounts of accommodation
charges


57A-6.Maximum daily accrual amount of accommodation charge
57A-7.Accommodation charge not to accrue after provision of care has ceased
57A-8.Accommodation charge not to accrue while residential service not certified
57A-9.Accommodation charge not payable in cases of financial hardship
57A-10.Revocation of determinations of financial hardship
AGED CARE ACT 1997
Subdivision 57A-D—Payment of accommodation charges


57A-11.Accommodation charge may be payable not more than one month in advance
57A-12.Approved provider may charge interest
AGED CARE ACT 1997
Division 58—What are the responsibilities relating to
resident fees?


58-1. Responsibilities relating to resident fees
58-2. Maximum daily amount of resident fees
58-3. Standard resident contribution—people not receiving income support payments
58-4. Standard resident contribution—people receiving income support payments
58-5. Extra service amount
58-6. Maximum daily amount of resident fees for reserving a place
AGED CARE ACT 1997
Division 59—What are the requirements for resident agreements?


59-1. Requirements for resident agreements
AGED CARE ACT 1997
Division 60—What are the responsibilities relating to
community care fees?


60-1. Responsibilities relating to community care fees
60-2. Maximum daily amount of community care fees
AGED CARE ACT 1997
Division 61—What are the requirements for community care
agreements?


61-1. Requirements for community care agreements
AGED CARE ACT 1997
Division 62—What are the responsibilities relating to
protection of personal information?


62-1. Responsibilities relating to protection of personal information
62-2. Giving personal information to courts etc.
AGED CARE ACT 1997
Part 4.3—Accountability etc.

AGED CARE ACT 1997
Division 63—Accountability etc.


63-1. Responsibilities of approved providers
63-1A.Responsibility relating to the basic suitability of key personnel
63-2. Annual report on the operation of the Act
AGED CARE ACT 1997
Part 4.4—Consequences of non-compliance

AGED CARE ACT 1997
Division 64—Introduction


64-1. What this Part is about
64-2. The Sanctions Principles
AGED CARE ACT 1997
Division 65—When can sanctions be imposed?


65-1. Imposition of sanctions
65-2. Appropriateness of imposing sanctions
AGED CARE ACT 1997
Division 66—What sanctions can be imposed?


66-1. Sanctions that may be imposed
66-2. Agreement to certain matters in lieu of revocation of approved provider status
AGED CARE ACT 1997
Division 66A—Establishment of administrator panel and
adviser panel


66A-1.Establishment of administrator panel and adviser panel
66A-2.Appointment of advisers
66A-3.Appointment of administrators
66A-4.Powers of administrators and advisers
66A-5.Interpretation
AGED CARE ACT 1997
Division 67—How are sanctions imposed?


67-1. Procedure for imposing sanctions
67-2. Notice of non-compliance
67-3. Notice of intention to impose sanctions
67-4. Notice to remedy non-compliance
67-5. Notice of decision on whether to impose sanctions
AGED CARE ACT 1997
Division 67A—When do sanctions take effect?


67A-1.When this Division applies
67A-2.Basic rule—sanction takes effect at the section 67-5 notice time
67A-3.Exceptions to the basic rule
67A-4.Deferral to a later time
67A-5.Progressive revocation or suspension of allocation of places
67A-6.This Division has effect subject to section 66-2
AGED CARE ACT 1997
Division 68—When do sanctions cease to apply?


68-1. Sanctions cease to apply
68-2. Sanction period
68-3. Lifting of sanctions
68-4. Applications for lifting of sanctions
68-5. Requests for further information
68-6. Notification of Secretary's decision
AGED CARE ACT 1997
Chapter 5—Grants

AGED CARE ACT 1997
Division 69—Introduction


69-1. What this Chapter is about
AGED CARE ACT 1997
Part 5.1—Residential care grants

AGED CARE ACT 1997
Division 70—Introduction


70-1. What this Part is about
70-2. The Residential Care Grant Principles
70-3. Meaning of capital works costs
AGED CARE ACT 1997
Division 71—How do people apply for allocations of
residential care grants?


71-1. Applications for residential care grants
71-2. Invitation to apply
71-3. Requests for further information
AGED CARE ACT 1997
Division 72—How are residential care grants allocated?


72-1. Allocation of residential care grants
72-2. Criteria for allocations
72-3. Meeting the needs of people with special needs
72-4. Compliance with the invitation
72-5. Waiver of requirements
72-6. Notification of allocation
72-7. Notice to unsuccessful applicants
AGED CARE ACT 1997
Division 73—On what basis are residential care grants paid?


73-1. Basis on which residential care grants are paid
73-2. Conditions of residential care grants
73-3. Grants payable only if certain conditions met
73-4. Variation or revocation of allocations
73-5. Variation of allocations on application of approved provider
73-6. Agreement taken to be varied
73-7. Appropriation
AGED CARE ACT 1997
Division 74—How much is a residential care grant?


74-1. The amount of a residential care grant
AGED CARE ACT 1997
Part 5.2—Community care grants

AGED CARE ACT 1997
Division 75—Introduction


75-1. What this Part is about
75-2. The Community Care Grant Principles
AGED CARE ACT 1997
Division 76—How are community care grants allocated?


76-1. Allocation of community care grants
76-2. Criteria for allocations
76-3. Applications for community care grants
76-4. Notification of allocation
76-5. Notice to unsuccessful applicants
AGED CARE ACT 1997
Division 77—On what basis are community care grants paid?


77-1. Basis on which community care grants are paid
77-2. Conditions of community care grants
77-3. Grants payable only if certain conditions met
77-4. Variation or revocation of allocations
77-5. Variation of allocations on application of approved provider
77-6. Agreement taken to be varied
77-7. Appropriation
AGED CARE ACT 1997
Division 78—How much is a community care grant?


78-1. The amount of a community care grant
AGED CARE ACT 1997
Part 5.3—Assessment grants

AGED CARE ACT 1997
Division 79—Assessment grants


79-1. Assessment grants
79-2. Conditions of assessment grants
79-3. Appropriation
AGED CARE ACT 1997
Part 5.4—Accreditation grants

AGED CARE ACT 1997
Division 80—Accreditation grants


80-1. Accreditation grants
80-2. Conditions of accreditation grants
80-3. Appropriation
AGED CARE ACT 1997
Part 5.5—Advocacy grants

AGED CARE ACT 1997
Division 81—Advocacy grants


81-1. Advocacy grants
81-2. Applications for advocacy grants
81-3. Deciding whether to make advocacy grants
81-4. Conditions of advocacy grants
81-5. Appropriation
AGED CARE ACT 1997
Part 5.6—Community visitors grants

AGED CARE ACT 1997
Division 82—Community visitors grants


82-1. Community visitors grants
82-2. Applications for community visitors grants
82-3. Deciding whether to make community visitors grants
82-4. Conditions of community visitors grants
82-5. Appropriation
AGED CARE ACT 1997
Part 5.7—Other grants

AGED CARE ACT 1997
Division 83—Other grants


83-1. Other grants
83-2. Conditions of other grants
83-3. Appropriation
AGED CARE ACT 1997
Chapter 6—Administration

AGED CARE ACT 1997
Division 84—Introduction


84-1. What this Chapter is about
AGED CARE ACT 1997
Part 6.1—Reconsideration and review of decisions

AGED CARE ACT 1997
Division 85—Reconsideration and review of decisions


85-1. Reviewable decisions
85-2. Deadlines for making reviewable decisions
85-3. Secretary must give reasons for reviewable decisions
85-4. Secretary may reconsider reviewable decisions
85-5. Reconsideration of reviewable decisions
85-6. Date of effect of certain decisions made under section 1239 of the Social Security Act 1991
85-7. Date of effect of certain decisions made under section 1243 of the Social Security Act 1991
85-8. AAT review of reviewable decisions
AGED CARE ACT 1997
Part 6.2—Protection of information

AGED CARE ACT 1997
Division 86—Protection of information


86-1. Meaning of protected information
86-2. Use of protected information
86-3. Disclosure of protected information for other purposes
86-4. Disclosure of protected information by people conducting assessments
86-5. Limits on use of protected information disclosed by Secretary
86-6. Limits on use of protected information disclosed under the Social Security Act 1991 , Veterans' Entitlements Act 1986 or Military Rehabilitation and Compensation Act 2004
86-7. Limits on use of protected information by Departments of Social Security and Veterans' Affairs
86-8. Disclosure to court
86-9. Information about an aged care service
AGED CARE ACT 1997
Part 6.3—Record keeping

AGED CARE ACT 1997
Division 87—Introduction


87-1. What this Part is about
87-2. Records Principles
87-3. Failure to meet obligations does not have consequences apart from under this Act
AGED CARE ACT 1997
Division 88—What records must an approved provider keep?


88-1. Approved provider to keep and retain certain records
88-2. Approved providers to keep records specified in Records Principles
88-3. False or misleading records
AGED CARE ACT 1997
Division 89—What records must a person who was an approved
provider retain?


89-1. Former approved provider to retain records
AGED CARE ACT 1997
Part 6.4—Powers of officers

AGED CARE ACT 1997
Division 90—Introduction


90-1. What this Part is about
90-2. Failure to meet obligations does not have consequences apart from under this Act
90-3. Meaning of authorised officer
90-4. Meaning of monitoring powers
AGED CARE ACT 1997
Division 91—What powers can be exercised with an occupier's
consent?


91-1. Power to enter premises with occupier's consent to monitor compliance
91-2. Power to ask people to answer questions etc.
91-3. Occupier of premises to assist authorised officers
AGED CARE ACT 1997
Division 92—What powers can be exercised without an
occupier's consent?


92-1. Circumstances in which the powers in this Division can be exercised
92-2. Monitoring warrants
92-3. Offence-related warrants
92-4. Warrants may be granted by telephone etc.
92-5. Seizures without offence-related warrant in emergency situations
92-6. Discovery of evidence
92-7. Power to require people to answer questions etc.
92-8. Person on premises to assist authorised officers
AGED CARE ACT 1997
Division 93—What powers are there to examine people and
obtain documents?


93-1. Secretary's power to obtain information and documents
93-2. Self-incrimination
93-4. Authorised officers may examine on oath or affirmation
AGED CARE ACT 1997
Division 94—What are the obligations relating to identity
cards?


94-1. Identity cards for authorised officers
94-2. Return of identity cards issued to authorised officers
AGED CARE ACT 1997
Part 6.5—Recovery of overpayments

AGED CARE ACT 1997
Division 95—Recovery of overpayments


95-1. Recoverable amounts
95-2. Recoverable amount is a debt
95-3. Recovery by deductions from amounts payable to debtor
95-4. Recovery where there is a transfer of places
95-5. Refund to transferee if Commonwealth makes double recovery
95-6. Write-off and waiver of debt
AGED CARE ACT 1997
Chapter 7—Miscellaneous

AGED CARE ACT 1997
Division 96—Miscellaneous


96-1. Principles
96-2. Delegations
96-3. Committees
96-4. Care provided on behalf of an approved provider
96-5. Care recipients etc. lacking capacity to enter agreements
96-6. Applications etc. on behalf of care recipients
96-7. Withdrawal of applications
96-9. Application of the Criminal Code
96-10.Appropriation
96-11.Minister may give general policy directions
96-12.Determinations by Minister to be laid before each House of the Parliament
96-13.Regulations
AGED CARE ACT 1997
Schedule 1—Dictionary

1. Definitions
AGED CARE ACT 1997
Notes to the Aged Care Act 1997

Table A

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