Aged Care Legislation Amendment (Emergency Leave) Act 2020

No. 41, 2020

An Act to amend the law in relation to leave from residential care services, and for related purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedules 2

Schedule 1—Amendments 3

Part 1—Amendments 3

Aged Care Act 1997 3

Aged Care (Transitional Provisions) Act 1997 5

Part 2—Application of amendments 6

Aged Care Legislation Amendment (Emergency Leave) Act 2020

No. 41, 2020

An Act to amend the law in relation to leave from residential care services, and for related purposes

[Assented to 15 May 2020]

The Parliament of Australia enacts:
1 Short title

This Act is the Aged Care Legislation Amendment (Emergency Leave) Act 2020.
2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information Commencement information Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this Act The day this Act receives the Royal Assent. 15 May 2020

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Amendments

Aged Care Act 1997

 1 After paragraph 42-2(3)(b)

Insert:

 ba

the care recipient is not on leave under subsection (3B) on that day; and

 2 After subsection 42-2(3A)

Insert:

 3B

(3B) A care recipient is on *leave under this section from a residential care service (the affected service) on a day if:

 a

during the whole of that day, the care recipient is absent from the affected service; and

 b

either:

 i

the care recipient does not, during that day, attend a hospital for the purpose of receiving hospital treatment; or

 ii

the care recipient does, during that day, attend a hospital for that purpose and the day is before the day on which the care recipient *enters the affected service; and

 c

the Minister determines under subsection 42-2A(1) that there is a situation of emergency for that day for the affected service or a class of residential care services that includes the affected service.

 3 Subsection 42-2(4)

Omit “and (3A)”, substitute “, (3A) and (3B)”.

 4 After section 42-2

Insert:

 42-2A Determining situations of emergency to enable additional leave 1

(1) The Minister may determine in writing that there is a situation of emergency for a specified day for a residential care service, or a class of residential care services, if the Minister is satisfied that an emergency is affecting or has affected:

 a

the service or services for that day; or

 b

the community in which the service or services are located for that day.

Note: An emergency affecting a residential care service or community may include a disaster (whether natural or otherwise), an epidemic or a pandemic.

 2

For the purposes of subsection (1):

 a

a class of residential care services may include all residential care services in Australia; and

 b

a day for which a situation of emergency is determined may be a day that is before, on or after the day the determination is made.

 3

A determination made under subsection (1) for a class of residential care services is a legislative instrument.

 4

A determination made under subsection (1) for a particular residential care service is not a legislative instrument, but must be published on the Department’s website.

 5

The Minister may, in writing, delegate to the Secretary the power to make a determination under subsection (1). In exercising the power, the Secretary must comply with any directions of the Minister.

 5 Paragraph 52C-5(b)

Repeal the paragraph, substitute:

Aged Care (Transitional Provisions) Act 1997

 b

the care recipient is not on *leave from the residential care service on that day; and

 ba

the care recipient would have been on leave from the residential care service on that day under subsection 42-2(3) except that the care recipient had previously been on leave under that subsection, during the current financial year, for 52 days;

 6 After paragraph 42-2(3)(b)

Insert:

 ba

the care recipient is not on leave under subsection (3B) on that day; and

 7 After subsection 42-2(3A)

Insert:

 3B

(3B) A care recipient is on *leave under this section from a residential care service (the affected service) on a day if:

 a

during the whole of that day, the care recipient is absent from the affected service; and

 b

either:

 i

the care recipient does not, during that day, attend a hospital for the purpose of receiving hospital treatment; or

 ii

the care recipient does, during that day, attend a hospital for that purpose and the day is before the day on which the care recipient *enters the affected service; and

 c

(c) the Minister determines under subsection 42-2A(1) of the Aged Care Act 1997 that there is a situation of emergency for that day for the affected service or a class of residential care services that includes the affected service.

 8 Subsection 42-2(4)

Omit “and (3A)”, substitute “, (3A) and (3B)”.

 9 Paragraph 58-6(b)

Repeal the paragraph, substitute:

 b

the care recipient is not on *leave from the residential care service on that day; and

 ba

the care recipient would have been on leave from the residential care service on that day under subsection 42-2(3) except that the care recipient had previously been on leave under that subsection, during the current financial year, for 52 days;

 10 Emergency determinations for days occurring before commencement

A determination may be made under subsection 42-2A(1) of the Aged Care Act 1997 for a day that occurs before the commencement of this item, provided the day does not occur before 1 April 2020.

[Minister’s second reading speech made in—

House of Representatives on 13 May 2020

Senate on 14 May 2020]

(66/20)