a notional ongoing home support account;

a notional short-term home support account;

a notional service delivery branch account;

a notional assistive technology account;

a notional home modifications account;

a notional home care account.

for a place allocated under subsection 92(1): see section 92A; and

for a place allocated under subsection 95(1): see section 97.

subsidy referred to in section 242A;

if the individual is accessing the service other than under a specialist aged care program:

a classification decision establishing a classification level in a classification type for the service group is in effect for the individual; and

if a priority category decision is required under section 86 for the classification type for the service group—such a decision under section 86 has been made for the individual for the classification type for the service group; and

if the classification type or classification level is one for which the System Governor may allocate the individual a place under section 92—a place has been allocated to the individual under that section for that classification type or classification level and is in effect; and

if the individual is accessing the service under a specialist aged care program:

a classification decision establishing a classification level in a classification type for the service group has been made for the individual; and

if the System Governor may allocate the registered provider a place under section 95—a place has been allocated to the registered provider under that section and is in effect.

the registration period has not ended; and

the registration has not been revoked under a provision of Part 3 of Chapter 3.

the service is included on the list referred to in subsection 8(1); and

the service was scheduled to be delivered by the registered provider to the individual on a day; and

had the service been delivered as scheduled, the individual could have accessed the service through a service group as referred to in subsection 9(2); and

subsection (3) applies to the service.

both:

the service was scheduled to be delivered by the registered provider to the individual on the day at an agreed time and place; and

the only reason that the service was not delivered was because the individual cancelled the delivery of the service within the period, before that day, that is prescribed by the rules; or

the circumstances prescribed by the rules apply.

a reference in this Act to the number of hours or units of the service delivered to the individual on a day is taken to be a reference to the number of hours or units that were scheduled to be delivered to the individual on the day; and

a reference in this Act to the service delivery branch through which the service was delivered is taken to be a reference to the service delivery branch through which the service was scheduled to be delivered.

in circumstances prescribed by the rules; or

for the purposes of a provision of this Act prescribed by the rules.

an individual incurs costs in acquiring a service that is included on the list referred to in subsection 8(1); and

the registered provider reimburses, in accordance with any requirements prescribed by the rules, the individual for the whole or a part of the costs; and

had the service been delivered to the individual by the registered provider, the individual could have accessed the service through a service group as referred to in subsection 9(2); and

any other circumstances prescribed by the rules in relation to the individual, the acquisition or the service apply;

in circumstances prescribed by the rules; or

for the purposes of a provision of this Act prescribed by the rules.

after the aged care needs assessment; and

on or after the start date included in a start notification for delivering funded aged care services to the individual under that classification type at an approved residential care home of a registered provider.

the individual has the classification type short-term for the service group in effect; and

the individual considers a different classification level in the classification type for the service group should be approved for the individual; and

the funded aged care services are not being delivered under a specialist aged care program; and

the System Governor considers circumstances (if any) prescribed by the rules apply.

the classification type for the service group is ongoing for home support; and

the circumstances prescribed by the rules apply.

for a classification type for the service group home support—the individual is allocated a full place under subsection 92(1) for that classification type for the service group;

for a classification type for any other service group—the individual is allocated a place for the classification type for the service group under subsection 92(1);

the number of places available at that time to be allocated to individuals for each service group;

how many of the places mentioned in paragraph (a) for a service group are for allocation for a particular classification type (other than hospital transition) for the service group;

how many of the places mentioned in paragraph (b) for a particular classification type for a service group are for allocation for a particular classification level in the classification type;

if the service group is home support—how many of the places mentioned in paragraph (b) or (c) are for allocation as interim places or full places for the classification type or classification level.

forecast demand for funded aged care services at the time and the forecast cost of those services at that time;

the appropriation for the financial year and how much of that appropriation is left at the time;

target average wait times for individuals with access approvals for a classification type for a service group who are seeking to access funded aged care services through the service group.

a number of places equal to, or greater than, the guaranteed (tranche 1) number, for allocation to individuals for the service group home support by the end of 31 December 2025; and

at least an additional 43,000 places, for allocation to individuals for the service group home support by the end of 30 June 2026.

40,000; less

the following:

(i) if the difference between the number of home care packages immediately before the commencement of the Aged Care Act 2024 and the number of home care packages immediately before the transition time is greater than or equal to 40,000—40,000;

(ii) if the difference between the number of home care packages immediately before the commencement of the Aged Care Act 2024 and the number of home care packages immediately before the transition time is greater than zero but less than 40,000—that difference;

otherwise—zero.

the classification type for the service group is ongoing for home support; and

the circumstances prescribed by the rules apply.

if the service group is residential care—the day the place is allocated; and

if the service group is home support, assistive technology or home modifications:

information about when the place takes effect or is taken to be withdrawn in accordance with section 92A; and

for the service group home support—whether the place is an interim place or a full place.

a number of places equal to, or greater than, the guaranteed (tranche 1) number (31 December 2025; andwithin the meaning of section 91) are allocated to individuals for the service group home support by the end of

at least an additional 43,000 places are allocated to individuals for the service group home support by the end of 30 June 2026.

for a failure to comply with paragraph (5)(a)—31 December 2025; or

for a failure to comply with paragraph (5)(b)—30 June 2026.

does not take effect; and

is taken to be withdrawn.

the place allocated to the individual is a full place for a classification type for the service group home support; and

an interim place is in effect for the individual for the classification type for the service group;

the individual’s priority category (if any) for the classification type;

the day the individual’s access approval for the classification type was given;

whether the individual has an interim place in effect for the classification type or the classification level;

the individual’s wait time for the allocation of a place for the classification type or the classification level;

whether the individual has informed the System Governor that the individual is not seeking access to funded aged care services for a specified period.

(a) establish and maintain, in accordance with any requirements prescribed by the rules, a register (a refundable deposit register) that includes the information or records prescribed by the rules relating to refundable deposits, accommodation bonds or entry contributions paid to, or held by, the registered provider; and

do so in a manner consistent with the requirements in section 168.

information relating to the payment of a refundable deposit, accommodation bond or entry contribution;

information relating to amounts deducted from a refundable deposit balance, accommodation bond balance or entry contribution balance;

information relating to refunds of a refundable deposit balance, accommodation bond balance or entry contribution balance.

be in the approved report form; and

be prepared, and given, in accordance with any other requirements prescribed by the rules.

the entity is a registered provider; and

the entity fails to comply with subsection (1).

the Commissioner;

the Complaints Commissioner;

the Inspector-General of Aged Care;

the System Governor;

the Pricing Authority.

if the rules prescribe information that must be included in the report:

include that information; and

be in the approved report form (if any); and

if paragraph (a) does not apply—be in the approved report form; and

in any case—be prepared, and given, in accordance with any other requirements prescribed by the rules.

complaints and feedback received by a registered provider;

the workforce, and governance, of a registered provider;

compliance by a registered provider with requirements relating to nursing services;

locations at which funded aged care services are delivered by a registered provider;

specified groups of individuals to whom a registered provider is delivering funded aged care services;

how specified funded aged care services are delivered;

specified financial and prudential matters.

the collection or generation of information prescribed for the purposes of paragraph (2)(a) (including requirements relating to making particular measurements or assessments in connection with that collection or generation);

reporting periods and the timeframes within which a report must be given in relation to those reporting periods (including by providing that a prescribed reporting period or timeframe is subject to an exemption determined by the System Governor in accordance with the rules).

the entity is a registered provider; and

the entity fails to comply with subsection (1) or (5).

(a) it is in a form approved under subsection (2) or (3) of this section for that kind of report by the person (the report recipient) to whom the report is required to be given; and

it contains the information that the form requires, and any further information, statement or document as the report recipient requires, whether in the form or otherwise; and

it is given in the manner that the report recipient requires (which may include electronically).

the Commissioner;

the Complaints Commissioner;

the Inspector-General of Aged Care;

the System Governor;

the Pricing Authority.

the form;

any requirements mentioned in paragraphs (1)(b) and (c) relating to the kind of report that are not included in the form.

the entity is a registered provider; and

the entity uses an accommodation bond; and

the use of the accommodation bond is not permitted by rules made for the purposes of paragraph 287(3)(a); and

at a particular time during the period of 5 years after the use of the accommodation bond, both of the following apply:

(i) an insolvency event (within the meaning of the Aged Care (Accommodation Payment Security) Act 2006) occurs in relation to the entity;

there is at least one outstanding accommodation payment balance (within the meaning of that Act) for the entity.

(a) the person is a responsible person of a registered provider (the entity); and

the entity uses an accommodation bond; and

the use of the accommodation bond is not permitted by rules made for the purposes of paragraph 287(3)(a); and

the person knew that, or was reckless or negligent as to whether:

the accommodation bond would be used; and

the use of the accommodation bond was not permitted; and

the person was in a position to influence the conduct of the entity in relation to the use of the accommodation bond; and

the person failed to take all reasonable steps to prevent the use of the accommodation bond; and

at a particular time during the period of 5 years after the use of the accommodation bond, both of the following apply:

(i) an insolvency event (within the meaning of the Aged Care (Accommodation Payment Security) Act 2006) occurs in relation to the entity;

there is at least one outstanding accommodation payment balance (within the meaning of that Act) for the entity; and

(h) at the time the accommodation bond was used, the entity was a corporation.

unless paragraph (b) applies—the day is on or after the start day specified in a start notification given by the registered provider for delivering ongoing or short-term funded aged care services to the individual for the service group through a service delivery branch of the provider; or

if the rules prescribe circumstances for the purposes of this paragraph—those circumstances apply.

the provisional subsidy amount; and

any secondary person-centred supplements for the classification type ongoing for the service group home support that apply to the individual for the day.

the provisional subsidy amount; and

any secondary person-centred supplements for the classification type short-term for the service group home support that apply to the individual for the day.

the base individual amount for the individual for the classification type for the service group for the individual for that day multiplied by the remaining days in the quarter (including that day);

the sum of any primary person-centred supplements for the classification type for the service group that apply to the individual on that day multiplied by the remaining days in the quarter (including that day).

the base individual amount for the individual for the classification type for the service group for that day multiplied by the days in the quarter;

the sum of any primary person-centred supplements for the classification type for the service group that apply to the individual on the day multiplied by the days in the quarter.

if the registered provider gives the System Governor notice that the provider has made the provider’s final claim for subsidy for the previous quarter—the day that claim is approved under subsection 251(4);

the day that is 61 days after the last day of the previous quarter.

either:

a decision by the System Governor comes into effect for the individual for the classification type ongoing for the service group home support on a day in a quarter that is after the entry day for the individual; or

a full place comes into effect for the individual for that classification type and service group on a day in a quarter that is after that entry day; and

(b) the base individual amount (the new base individual amount) for the individual for the classification type for the service group is higher as a result of that decision or that place coming into effect;

circumstances that include that the System Governor has made a determination about particular matters; and

the requirements in paragraphs 191(2)(a), (b), (c), (d), (g), (h) and (i) are met in relation to the funded aged care service and the individual; and

the requirements in subsection 191(3) are met in relation to the funded aged care service and the individual; and

the funded aged care service is prescribed by the rules.

(a) for the financial year (the first financial year) for which the start day (the initial account start day) included in the first start notification given for any individual (the first individual) for the delivery of ongoing funded aged care services through the service group home support to the individual through the service branch occurs; and

for each subsequent financial year (unless circumstances prescribed by the rules apply).

the registered provider gives a start notification for the individual for the classification type ongoing for the service group home support on that day;

the individual’s start day included in that notification is on or before that day.

the base provider amount for the individual, multiplied by the number of days prescribed by the rules; and

the amount of any provider-based supplements that apply to the provider in relation to the individual, multiplied by the number of days prescribed by the rules.

the sum of the base provider amount for each individual covered by subsection (5) for the quarter, multiplied by the number of days in the quarter;

the sum of any provider-based supplements that apply to the provider in relation to an individual covered by subsection (5) for the quarter, multiplied by the number of days in the quarter.

(a) the registered provider has given, at a time in any previous quarter during which the account has existed, a start notification for the individual for the classification type ongoing for the service group home support and that time is before the time (the test time) prescribed by the rules in the quarter immediately before the relevant quarter; and

the individual’s start day included in that notification was on or before the day the notification was given; and

(c) any other requirements prescribed by the rules are met.

either of the following apply in relation to an individual for a day that is on or after the initial account start day:

a new classification level for the classification type ongoing for the service group home support comes into effect for the individual on the day;

a full place comes into effect for the individual for the classification type ongoing for the service group home support on the day; and

(b) the base individual amount (the new base individual amount) for the individual for the classification type for the service group is higher as a result of that classification level or place coming into effect;

for an individual to whom subsection (2) applies—on a day in the first quarter of operation or second quarter of operation that is after the day the registered provider gives a start notification for the individual; or

for an individual to whom subsection (4) applies for a quarter—on a day in that quarter;

if the registered provider gives the System Governor notice that the provider has made the provider’s final claim for subsidy for the previous financial year—the day that claim is approved under subsection 251(4);

the day that is 61 days after the last day of the previous financial year.

unless paragraph (b) applies—the day is on or after the start day specified in a start notification given by the registered provider for delivering ongoing or short-term funded aged care services to the individual for the service group through a service delivery branch of the provider; or

if the rules prescribe circumstances for the purposes of this paragraph—those circumstances apply.

the provisional subsidy amount; and

any secondary person-centred supplements for the classification type ongoing or short-term for the service group assistive technology that apply to the individual for the day.

circumstances that include that the System Governor has made a determination about particular matters; and

unless paragraph (b) applies—the day is on or after the start day specified in a start notification given by the registered provider for delivering short-term funded aged care services to the individual for the service group through a service delivery branch of the provider; or

if the rules prescribe circumstances for the purposes of this paragraph—those circumstances apply.

the provisional subsidy amount; and

any secondary person-centred supplements for the classification type short-term for the service group home modifications that apply to the individual for the day.

circumstances that include that the System Governor has made a determination about particular matters; and

within the period prescribed by the rules after the day the notice of the election is given to the System Governor; and

in accordance with any other requirements prescribed by the rules.

return the available balance of the unspent Commonwealth portion for the individual to the Commonwealth:

within the period prescribed by the rules after the cessation; and

in accordance with any other requirements prescribed by the rules.

return the available balance of the unspent Commonwealth portion for the individual to the Commonwealth:

within the period prescribed by the rules after the cessation; and

in accordance with any other requirements prescribed by the rules.

immediately before the transition time:

the individual had a home care account under the old Act; and

the home care account balance of that account under the old Act was not zero; or

at the transition time, a registered provider holds an unspent Commonwealth portion for the individual under section 226A.

unless paragraph (b) applies—the day is on or after the start day specified in a start notification given by the registered provider for delivering ongoing or short-term funded aged care services to the individual for the service group at an approved residential care home of the provider; or

if the rules prescribe circumstances for the purposes of this paragraph—those circumstances apply.

for the ongoing classification type:

the accommodation supplement; and

the hotelling supplement; and

for the short-term classification type—the hotelling supplement; and

circumstances that include that the System Governor has made a determination about particular matters; and

characteristics of the approved residential care home in which the service was delivered (such as its location and number of beds);

the number of other individuals to whom the registered provider delivered funded aged care services at the approved residential care home during a particular period (whether or not that period includes the day, and whether or not the funded aged care services were provided during that period to the individual in relation to whom the supplement applies);

information provided to the System Governor in relation to the registered provider’s compliance with one or more of the following in relation to the approved residential care home for a particular period (whether or not that period includes the day):

a condition of the registered provider’s registration under Division 1 of Part 4 of Chapter 3;

an obligation of the registered provider under Division 2 of that Part.

a condition of registration under Division 1 of Part 4 of Chapter 3 that applies to those providers;

an obligation under Division 2 of that Part that applies to those providers.

the registered provider’s registration is in effect and covers the funded aged care service; and

the individual has an access approval that is in effect that covers the funded aged care service; and

the individual has been allocated a place for the classification type for the service group under section 92; and

the individual has a classification level in effect for the classification type ongoing or short-term for the service group; and

either:

the registered provider has given a start notification for delivering ongoing or short-term funded aged care services to the individual through the service group at an approved residential care home of the provider; or

circumstances prescribed by the rules apply; and

the funded aged care service is not being delivered to the individual under a specialist aged care program; and

the individual is not excluded (see subsection (5)).

the registered provider ceased delivering funded aged care services through the service group to the individual in an approved residential care home on that day (and that day is a different day to the day the provider started delivering those services); and

no other registered provider subsequently started delivering funded aged care services through the service group to the individual in another approved residential care home on that day.

the provider started delivering funded aged care services though the service group to the individual in an approved residential care home on the day; and

the provider was not the first registered provider to start delivering funded aged care services through the service group to the individual in an approved residential care home on the day.

(a) the number of individuals to whom the registered provider delivered funded aged care services through that service group in that home during that day exceeds the total number of beds covered by the registered provider’s registration for that home (as reduced by any offline beds for that home); and

the individual is in the group of one or more individuals who comprise the excess based on working back from the most recent individual to enter the approved residential care home.

whether to determine that the approved residential care home has specialised status; and

if determining that the approved residential care home has specialised status—the period, not exceeding the period referred to in paragraph (5)(c), for which the determination has effect.

the registered provider is eligible for subsidy under section 191, 201, 209 or 218 for a funded aged care service delivered to an individual on a day; and

the registered provider gives the System Governor a claim for that subsidy in accordance with section 251.

for person-centred subsidy for an ongoing funded aged care service delivered to an individual through the service group home support—a quarter; and

for provider-based subsidy for an ongoing funded aged care service delivered to an individual through the service group home support—a financial year; and

for subsidy for a short-term funded aged care service delivered to an individual through the service group home support—the maximum period of effect for the individual’s classification level for the classification type for the service group; and

for subsidy for ongoing funded aged care services delivered to an individual through the service group assistive technology—the period prescribed by the rules; and

for subsidy for short-term funded aged care services delivered to an individual through the service group assistive technology or home modifications—the maximum period of effect for the individual’s classification level for the classification type for the service group.

whichever of the following periods ends first:

the period of 60 days after the end of the relevant period;

the period of 60 days after an event prescribed by the rules occurs; or

if the System Governor determines a longer period for the claim than would otherwise apply under paragraph (a)—that longer period.

multiple claims can be made for a single relevant period; and

claims for multiple days in the same relevant period can be included in a single claim; and

a further claim may be made for an unpaid amount referred to in subsection 250(3).

the available balance of the individual’s notional ongoing home support account or notional short-term home support account (as applicable) for the quarter or account period (as applicable) in which the day occurs; or

if there is an excess amount—the excess amount (as reduced (but not below zero) by the sum of any reduction amounts referred to in Step 2 of the method statement in subsection 192(1) or 192(2) and the available balance of any unspent Commonwealth portion held by the provider for the individual) does not exceed the available balance of any notional home care account for the individual.

does not exceed the available balance of any notional home care account for the individual; or

if there is an excess amount—the excess amount (as reduced (but not below zero) by the sum of any reduction amounts referred to in step 2 of the method statement in section 210 or 219) does not exceed the available balance of the individual’s notional assistive technology account or notional home modifications account.

the individual’s notional ongoing home support account or notional short-term home support account for the quarter or account period in which the day occurs;

any unspent Commonwealth portion held by the provider for the individual;

the individual’s notional home care account (if any).

any unspent Commonwealth portion held by the provider for the individual;

the individual’s notional home care account (if any);

the individual’s notional assistive technology account or notional home modifications account.

the registered provider has a made a claim under section 251 for subsidy for the delivery of a funded aged care service to an individual on a day; and

the registered provider has made a claim under section 257 for subsidy in relation to an individual; and

the consolidation of the notional service delivery branch accounts for those branches;

any other rights, obligations or responsibilities of the registered provider in relation to each of those service delivery branches under this Chapter as they exist immediately before the merger takes effect;

any other matter that is reasonably necessary to deal with the matter specified in paragraph (a) or (b).

the entering of agreements for, and the charging, payment or use of, an accommodation bond for the delivery of those services;

the retention of, deduction of amounts from, transfer of, refund of, or payment of interest in relation to the refund of, an accommodation bond balance;

the entering of agreements for, and the charging or payment of, an accommodation charge for the delivery of those services;

the transfer of, or the payment of interest in relation to the refund of, an entry contribution balance.

an approved residential care home of the provider, including a home that is being, or is proposed to be, refurbished; or

a distinct part of an approved residential care home of the provider, including a distinct part that is being, or is proposed to be, constructed or refurbished; or

a residential care home, or a proposed residential care home, that the provider has applied, or intends to apply, for approval of under section 111; or

a distinct part of a residential care home, or a proposed residential care home, that the provider has applied, or intends to apply, for approval of under section 111.

consider an application made in accordance with subsection (3), and any further information given in accordance with the rules or a notice given under subsection (4); and

make a decision to approve or not approve the higher maximum accommodation payment amount specified in the application; and

notify the registered provider, in writing, of the decision.

prescribe the period within which the Pricing Authority must make, and give notice of, a decision in relation to an application made under this section; and

prescribe conditions, relating to particular circumstances, that must be met for an approval of a higher maximum accommodation payment amount to take effect; and

make provision for and in relation to the time when, or the period during which, a decision of the Pricing Authority in relation to an approval of a higher maximum accommodation payment amount is to have effect.

(ca) that, if the individual pays an accommodation payment because of subparagraph (b)(iii) in the period (the interim period) between the individual’s start day and the day the individual’s daily means tested amount at the individual’s start day is determined, the following will apply:

the amount of accommodation payment charged by the registered provider for a day in the interim period must be equal to, or less than, the agreed accommodation payment amount, as expressed as a daily accommodation payment amount;

any accommodation payment paid during the interim period must be paid by daily payments;

the individual is to be refunded the amount (if any) by which the accommodation payment paid during the interim period exceeds the amount that would have been payable if the individual’s daily means tested amount for the individual’s start day had been determined at the start day;

circumstances in which an amount of daily payment may be refunded; and

circumstances in which an amount of refundable deposit may be refunded; and

any other matters relating to the payment or refund of refundable deposits.

on a daily basis; and

applied to the refundable deposit balance each day.

on the day, a registered provider delivers ongoing funded aged care services to the individual through the service group residential care in an approved residential home; and

the individual has paid a refundable deposit in relation to the delivery of those services in the approved residential care home (regardless of whether the refundable deposit balance is nil on the day).

is absent from the approved residential care home on the day; and

is not on leave from the approved residential care home on the day (see section 244); and

would have been on social leave from the approved residential care home on the day except that the individual has previously been on social leave during the current financial year for 52 days.

the System Governor determines that the individual has that status in accordance with subsection (2); or

following the making of certain social security decisions (see section 317); and

if an event or a change in the individual’s circumstances occurs (see section 318).

an individual contribution rate determination is in force for an individual; and

(b) a decision under the social security law (within the meaning of the Social Security Act 1991) has been made; and

any requirements prescribed by the rules are met.

an individual contribution rate determination is in force for an individual; and

the System Governor is notified of the occurrence of an event or a change in an individual’s circumstances in accordance with rules made for the purposes of subsection 315(1).

an individual contribution rate determination is in force for an individual; and

the System Governor is satisfied that the determination is no longer correct; and

any requirements prescribed by the rules are met.

if the new determination results in an increase to the individual contribution rate—at the start of the day after the end of the quarter in which it is made; or

if the new determination results in a decrease to the individual contribution rate—at the start of the day on which it is made.

the System Governor determines that the individual has that status in accordance with subsection (2) or (2A); or

the individual’s income determination (if any) has been revoked under section 324 and a new income determination has not been made for the individual; or

the individual’s asset determination (if any) has been revoked under section 331 and a new asset determination has not been made for the individual.

the amount of subsidy, payable to a registered provider for the individual, worked out under Division 4 or Division 4A of Part 2; or

the amount of fees or contributions that may be charged by a registered provider to the individual under Division 2 or Division 2A of Part 3.

the amount of subsidy, payable to a registered provider for the individual, worked out under Division 4 or Division 4A of Part 2; or

the amount of fees or contributions that may be charged by a registered provider to the individual under Division 2 or Division 2A of Part 3.

satisfy the requirements prescribed by the rules; and

contain a photograph that is no more than 5 years old of the approved needs assessor.

the person has been issued with an identity card under subsection (1); and

the person ceases to be an approved needs assessor; and

the person does not return the identity card to the System Governor within 14 days after ceasing to be an approved needs assessor.

subsections 165A(3) and 166(6) (failure to give or publish reports);

APS employees in Services Australia; or

the entity was required to return the available balance to the Commonwealth in accordance with section 226B, 226C or 226D; and

the entity failed to comply with that requirement.

circumstances described in section 522, 523 or 524 apply to each recoverable amount in the class; or

circumstances described in section 524A apply to the class.

any conditions to be met before the System Governor exercises the power to waive the recoverable amounts; and

any limits on the amounts of the recoverable amounts to be waived.

the relevant information relates to fire safety; and

the use or disclosure is for the purposes of assisting the State or Territory fire authority to perform its functions.

the quality of those services;

action taken under this Act:

to ensure the quality of those services; or

to ensure compliance with this Act in relation to the delivery of those services; or

because of a failure to comply with this Act in relation to the delivery of those services;

any other matter prescribed by the rules relating to:

those services; or

registered providers in their delivery of those services.

creating information for publication under subsection (2); or

calculating star ratings for approved residential care homes.

a Commonwealth entity; or

an organisation that performs services for a Commonwealth entity.

the System Governor’s powers and functions under Subdivision A of Division 2 of Part 4 of Chapter 3 (obligations relating to reporting, notifications and information); or

making, or refusing or failing to make, a decision under a provision mentioned in subsection (2A);

exercising, or refusing or failing to exercise, a power under a provision mentioned in subsection (2A);

performing, or refusing or failing to perform, a function or duty under a provision mentioned in subsection (2A);

doing, or refusing or failing to do, anything (including giving a notice) related to making a decision, exercising a power or performing a function or duty under a provision mentioned in subsection (2A).

subsection 78(1) (which deals with classification levels);

subsection 86(1) (which deals with priority category decisions);

subsection 92(1) (which deals with allocation of places to individuals);

subsection 93(1) (which deals with deciding the order of allocation of places to individuals);

Parts 2 to 5 of Chapter 4 (which deal with funding of aged care services);

section 541 (which deals with star ratings);

a provision of this Act prescribed by the rules.

words in a provision; or

part of a provision; or

a whole provision; or

a series or group of provisions.

the new Act;

an instrument made under the new Act.

the old Act;

the Commission Act;

the old Transitional Provisions Act;

an instrument made under the old Act, the Commission Act or the old Transitional Provisions Act.

subitem (3) applies in relation to the individual and:

the individual was accessing flexible care provided in a residential setting through a multi-purpose service (within the meaning of the old Principles); or

the individual was party to a written agreement with an approved provider (within the meaning of the old Act) of a multi-purpose service (within the meaning of the old Principles) which provides for the individual to commence accessing flexible care provided in a residential setting through that service within the period of 3 months beginning at the transition time; or

the individual had, at any time in the previous 12 months, received services under the National Aboriginal and Torres Strait Islander Flexible Aged Care Program.

the individual has, by reason of sickness (within the meaning of the new Act), a continuing need for funded aged care services (including nursing services) in the service group; or

the individual is an Aboriginal or Torres Strait Islander person.

the individuals in that class were eligible to access, at any time in the 12 month period ending at the transition time:

residential care, or flexible care provided in a residential setting, under the old Act; or

care provided in a residential setting under a Commonwealth program; and

the System Governor considers it reasonably necessary to make the determination to ensure continuity of funded aged care services through the service group residential care for those individuals.

if circumstances specified by the determination apply in relation to the individuals in the class and a classification type for the service group residential care—the priority category that each of those individuals is taken to have been assigned for the classification type for the service group under subsection 86(1) of the new Act at the transition time;

the amount is taken, after the transition time, to be a recoverable amount for the purposes of the new Act; and

the entity is a debtor in relation to the recoverable amount for the purposes of the new Act.

an entity is, because of subitem 5(1) of this Schedule, taken to be a registered provider under paragraph 105(1)(a) of the new Act; and

a home care service is, because of subitem 5(8) of this Schedule, taken to be a service delivery branch of the registered provider.

(a) User Rights Principles 2014 applied to the Commonwealth portion of a care recipient’s unspent home care amount; andsection 21F or section 21JB of the

the time at which the Commonwealth portion becomes due and payable to the Commonwealth had not occurred; and

the Commonwealth portion had not been paid to the Commonwealth.

(a) the Commonwealth portion is taken to be a recoverable amount under section 514 of the new Act; and

(b) the registered provider is taken to be a debtor under section 514 of the new Act in relation to the recoverable amount.

subitem (2) of this item applies in relation to the Commonwealth portion; and

the person who was, immediately before the transition time, the approved provider in relation to the Commonwealth portion is not, at the transition time, taken to be a registered provider because of subitem 5(1) of this Schedule.

immediately before the transition time, the individual was a care recipient with an unspent home care amount; and

(b) at a time (the post-transition time) after the transition time:

(i) a person (whether or not a registered provider) pays the Commonwealth portion of the care recipient’s unspent home care amount to the Commonwealth in accordance with User Rights Principles 2014 (as that section continues to apply because of subitem (2) of this item); orsection 21F or 21JB of the

the Commonwealth recovers the Commonwealth portion of the care recipient’s unspent home care amount (whether under Part 13 of Chapter 6 of the new Act or under Division 95 of the old Act as that Division continues to apply because of subitem (4) of this item); and

at the post-transition time, the individual has a home care account in accordance with section 226E of the new Act.

(a) User Rights Principles 2014 applied to the care recipient portion of a care recipient’s unspent home care amount; andsection 21F of the

the period within which the care recipient portion must be paid in accordance with that section had not ended; and

the care recipient portion had not been paid in accordance with that section.

the amount is taken, after the transition time, to be a recoverable amount for the purposes of the new Act; and

the entity is a debtor in relation to the recoverable amount for the purposes of the new Act.

an entity is, because of subitem 5(1) of this Schedule, taken to be a registered provider under paragraph 105(1)(a) of the new Act; and

because of subitem 5(7) of this Schedule, a place through which a residential care service is provided is taken to be an approved residential care home in relation to the entity.

the amount is taken, after the transition time, to be a recoverable amount for the purposes of the new Act; and

the entity is a debtor in relation to the recoverable amount for the purposes of the new Act.

(c) information that was obtained or generated before the transition time for the purposes of the aged care programs under any of the following items in the Financial Framework (Supplementary Powers) Regulations 1997:

Item 415.018 – Schedule 1AA – Residential and flexible care;

Item 163 – Schedule 1AB – Commonwealth Home Support Programme.

section 86-3, 86-4 or 86-4A of the old Act;

section 61 of the Commission Act.

a reconsideration of the reviewable decision under any of the following, as continued in operation by item 58 of this Schedule:

Part 6.1 of the old Act;

Part 6.1 of the old Transitional Provisions Act;

Part 8B of the Commission Act;

Part 7 of the Commission Rules; or

(b) a review of the reviewable decision under the Administrative Review Tribunal Act 2024.

provides for matters relating to the application of the old law, the new Act, or both the old law and the new Act, to an entity or an individual affected by the reconsidered decision, being matters that the System Governor is satisfied are necessary or convenient having regard to the reconsidered decision;

specifies that a state of affairs specified in the determination is taken to exist before, on or after the transition time in respect of an entity or an individual affected by the reconsidered decision, being a state of affairs that the System Governor is satisfied would have existed if the reconsidered decision had been in force at a specified time before the transition time;

provides for or in relation to any other matters that the System Governor is satisfied are necessary or convenient to give effect to the reconsidered decision.

specify that the entity is taken to have become a registered provider at a specified time that is on or after the transition time;

provide for or in relation to any of the matters set out in Part 3 of Schedule 2 to this Act with respect to the registered provider including, but not limited to, the following:

the registration period of the registered provider;

the provider registration categories in which the registered provider is taken to be, registered;

the approved residential care homes covered by the registration;

provide for or in relation to any other matters that the System governor is satisfied are necessary or convenient to give effect to the reconsidered decision.

specify that the individual requires access to funded aged care services at a specified time that is on or after the transition time;

provide for or in relation to any of the matters set out in Part 2 of this Schedule in relation to the individual including, but not limited to, in relation to the following:

matters of a kind mentioned in item 2 or 3 of this Schedule (which deal with access approvals);

matters of a kind mentioned in item 4 of this Schedule (which deals with classification levels, priority category and place allocation decisions);

provide for or in relation to any other matters that the System Governor is satisfied are necessary or convenient to give effect to the reconsidered decision.

(a) the Aged Care Act 1997;

(b) the Aged Care Quality and Safety Commission Act 2018;

(c) the Aged Care (Transitional Provisions) Act 1997;

an instrument made under any of those Acts.

whether the performance of the function or duty, the exercise of the power or the doing of the thing is under, for the purposes of or in connection with the old law or the new law; and

whether the performance of the function or duty, the exercise of the power or the doing of the thing is before, on or after the transition time.

in preparation for the performance of a function or duty, the exercise of a power or the doing of a thing under, for the purposes of or in connection with the new law; or

under, for the purposes of, or in connection with:

a savings, transitional or application provision (however described); or

(iii) the application of the Acts Interpretation Act in relation to the interaction between the old law and the new law.

protected information within the meaning of any of the following:

(i) the Aged Care Act 1997;

(ii) the Aged Care Quality and Safety Commission Act 2018;

(iii) the Social Security Act 1991;

(iv) the Social Security (Administration) Act 1999;

(b) information that was obtained or generated before the transition time for the purposes of the aged care programs under any of the following items in the Financial Framework (Supplementary Powers) Regulations 1997:

Item 415.018 – Schedule 1AA – Residential and flexible care;

Item 163 – Schedule 1AB – Commonwealth Home Support Programme.

performing a function or duty, exercising a power or doing a thing for a transitional purpose; or

assisting another person to perform a function or duty, exercise a power or do a thing for a transitional purpose.

(a) beginning on the day the Aged Care Act 2024 received the Royal Assent; and

ending at the transition time.

give the System Governor any information; or

produce to the System Governor any documents (or copies of documents);

the person is required to give information, or produce documents or copies of documents, in accordance with a notice given to the person under subitem 5(1); and

the person fails to comply with the requirement.

the person is required to give information, or produce documents or copies of documents, in accordance with a notice given to the person under subitem 5(1); and

the person fails to comply with the requirement.

this Act; or

legislative instruments made under this Act.

making, or refusing or failing to make, a decision under a provision mentioned in subitem (3);

exercising, or refusing or failing to exercise, a power under a provision mentioned in subitem (3);

performing, or refusing or failing to perform, a function or duty under a provision mentioned in subitem (3);

doing, or refusing or failing to do, anything (including giving a notice) related to making a decision, exercising a power or performing a function or duty under a provision mentioned in subitem (3).

a provision of this Act prescribed by rules made under subitem (11);

a provision of a legislative instrument made under this Act prescribed by rules made under subitem (11).

if the System Governor specifies the day on which the substituted action takes effect (which may be earlier than the day the substituted action is taken)—that specified day; or

otherwise—the day of the administrative action taken by the operation of the computer program.

required or permitted by this Schedule to be prescribed by the rules; or

necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.

this Act; or

a legislative instrument made under this Act.

to the effect that the System Governor has made such an arrangement; and

setting out those particular provisions.

the total number of substituted actions taken by the System Governor under subitem 2(5) of this Schedule in that period;

the kinds of substituted actions so taken;

the kinds of administrative action taken by the operation of the computer program that the System Governor was satisfied were not correct.

words in a provision; or

part of a provision; or

a whole provision; or

a series or group of provisions.

(a) the Aged Care Act 1997;

(b) the Aged Care Quality and Safety Commission Act 2018;

(c) the Aged Care (Transitional Provisions) Act 1997;

an instrument made under any of those Acts.

modifying the operation of the provisions of the new Act, this Act (other than this Schedule) or any other Act or instrument; or

saving (with or without modifications) specified provisions of the old law.

generally; or

in relation to a specified person or class of persons.

at the end of the period of 12 months beginning on the day after the rules are made; or

if the rules specify an earlier time—at the specified earlier time.

(a) rules made under subitem (1) are expressed to take effect from a date before the rules are registered under the Legislation Act 2003; and

a person engaged in conduct before the registration date; and

but for the retrospective effect of the rules, the conduct would not have contravened a provision of an Act;

section 602 of the new Act;

anything in this Act.

begin a review of any rules made under subitem (1) within 3 months after the day the rules are tabled in the Senate; and

report the Committee’s findings to the Senate as soon as practicable after completing each review.

(i) the execution of a personal insolvency agreement (within the meaning of the Bankruptcy Act 1966) by the registered provider or former registered provider in the capacity of a debtor.

(i) for accommodation bond balances—the rules made under the Aged Care Act 2024; or

for entry contribution balances—a formal agreement applying in respect of the balance; and

the end of a period of 14 days beginning immediately after the day on which the individual in relation to whose entry to a residential care service or flexible care service the amount of the unregulated lump sum was paid ceased accessing relevant funded aged care services for the unregulated lump sum (see subsection 2A).

delivered by the registered provider that holds the unregulated lump sum; and

(b) delivered in an approved residential care home, being the approved residential care home that was, immediately before the commencement of the Aged Care Act 2024, the place of the residential care service or flexible care service in relation to which the unregulated lump sum was paid.

(a) the person is a Chapter 5 body corporate (within the meaning of the Corporations Act 2001); and

supplied before 31 October 2026; and

(b) covered by Schedule 1 to the Quality of Care Principles 2014 (as in force before the commencement of the Aged Care Act 2024) when the extra service agreement concerned was entered into.

an *approved residential care home;

business or administrative support to assist in the delivery of healthcare, support services or health administration;

provides:

healthcare; or

a support service; and

(b) does not, in the ordinary course of business, employ an individual employee who satisfies subsection 9(2) or paragraph 9A(1)(a), (b) or (c).

an identified healthcare provider organisation; or

an identified healthcare support service provider; or

an identified individual healthcare provider.

paragraph 9(1)(a) on the basis of subsection 9A(1) (which deals with healthcare identifiers assigned to individuals by the service operator); or

subsection 9(2) (which deals with healthcare identifiers assigned to individuals by a national registration authority).

for a healthcare provider organisation—has the meaning given by subsection 9A(8); and

for a healthcare support service provider—has the meaning given by subsection 9BA(3).

is a separate legal entity under a law of the Commonwealth or a State or Territory; and

has all of the following characteristics:

represents members or individuals to whom it provides credentials (or both);

has enough members, or provides credentials for enough individuals, to be considered representative of the healthcare profession practised by the individuals it represents;

sets and publishes standards of practice and ethical conduct for, and aims to maintain the standing of, the healthcare profession practised by the individuals it represents.

for a healthcare provider organisation—has the meaning given by subsection 9A(7); and

for a healthcare support service provider—has the meaning given by subsection 9BA(2).

a funded aged care service;

a support or service provided by a registered NDIS provider under the NDIS Act;

a support or service, or a support or service included in a class of supports or services, prescribed by the regulations.

the creation and maintenance of a record about healthcare or support services provided to a healthcare recipient;

assessing a healthcare recipient’s level of, need for or access to healthcare or support services;

monitoring an individual’s level of, need for or access to healthcare or health programs or support services;

reporting on an individual’s level of, need for or access to healthcare or health programs or support services;

verifying healthcare identifiers;

the creation and maintenance of a record about any of the following:

a healthcare recipient’s participation in health related programs;

support services that are being, are to be, or have been provided to a healthcare recipient;

the governance and operation of health and health related programs and registries, including oversight, reporting, administration, complaints handling, billing and payment of costs or claims associated with the provision of healthcare and support services;

health surveillance activities including, but not limited to, contact tracing, and monitoring, analysing and disseminating data for the purposes of implementing public health responses;

monitoring or analysis (or both) of individual or system-wide healthcare or support services needs, demands, performance and outcomes, including, but not limited to the following:

by means of statistical research, data and reporting services;

to inform health workforce planning and management;

for other population health purposes;

linking or connecting data about healthcare recipients and or healthcare providers across different data sets.

the Secretary of the Department; or

an SES employee, or acting SES employee, in the Department.

an identifier that is assigned to a healthcare support service provider; and

the individual healthcare provider is represented by a professional body through which the individual healthcare provider is:

(i) provided with the credentials required to practice the healthcare profession, having regard to the admission requirements and tertiary qualifications set by the professional body, which must be a qualification at level 7 or above of the Australian Qualifications Framework (within the meaning of the Higher Education Support Act 2003) or at an equivalent level prescribed by the regulations; and

regulated and subject to oversight by the professional body that satisfies the requirements of subsection (11); or

the individual healthcare provider is included in a class of individual healthcare providers prescribed by the regulations.

has been assigned an individual healthcare provider identifier:

under paragraph 9(1)(a) on the basis of subsection 9A(1); or

under subsection 9(2); and

requirements for such individuals to comply with the standards of practice and ethical conduct set by the professional body and expected of such individuals;

requirements for such individuals to comply with any written constitution, rules, articles of association, by-laws or codes of conduct;

requirements for such individuals to maintain professional skills and knowledge by continuing professional development;

the ability for the professional body to impose sanctions on such individuals for a contravention of a requirement mentioned in paragraph (a), (b) or (c).

the healthcare support service provider is not otherwise eligible to be assigned a healthcare provider identifier under that paragraph on the basis of subsection 9A(2), (3) or (9); and

the healthcare support service provider has a responsible officer; and

the healthcare support service provider meets any other requirements that are prescribed by the regulations.

nominating the organisation maintenance officer or officers for the healthcare support service provider to the service operator;

requesting the assignment, retirement, merger or reconfiguration of a healthcare identifier for the healthcare support service provider;

any other duties of a responsible officer for the healthcare support service provider.

nominating to the service operator at least one additional person to be an organisation maintenance officer of the healthcare support service provider, if required;

maintaining information that is held by the service operator about the healthcare support service provider;

providing current details to the service operator about the healthcare support service provider for inclusion in the Healthcare Provider Directory;

providing any other information requested by the service operator about the healthcare support service provider for which the organisation maintenance officer is responsible.

facilitate the assignment of healthcare identifiers for individual healthcare providers who are provided with credentials by the professional body; and

assist the service operator to establish and maintain a record of a kind mentioned in section 10.

specifying requirements in relation to obtaining the consent of individual healthcare providers in relation to that facilitation, and ensuring the maintenance of that consent;

specifying requirements relating to ensuring that information held by the service operator is accurate.

a health administration entity; or”.

communicating or managing health information, or information about support services, as part of providing healthcare or support services to a healthcare recipient; or

health administration.

the healthcare support service provider is required to give the accurate, up-to-date and complete information to any of the following:

the National Disability Insurance Agency;

the Aged Care Department;

an entity prescribed by regulations made for the purposes of item 6 of the table in section 21; and

the healthcare support service provider complies with the requirement.

(da) whether a healthcare support service provider is a registered provider within the meaning of the Aged Care Act 2024 or an NDIS provider within the meaning of the NDIS Act;

(iv) the Aged Care Act 2024; or

(aa) an arrangement made under Aged Care Act 2024;section 264 or 265 of the

(aa) a provision of the Aged Care Act 2024;

(i) a registered provider (within the meaning of the Aged Care Act 2024); or

(c) if the review relates to the exercise of powers, or the performance of functions or duties, of an Appointed Commissioner under a provision of the Aged Care Act 2024—the Commissioner of the Aged Care Quality and Safety Commission;

(c) is necessary to lessen or prevent a serious threat to the safety, health or well-being of an individual seeking to access, or accessing, funded aged care services (within the meaning of the Aged Care Act 2024); or

(d) is for the purpose of, or in relation to, reporting a past threat to an individual’s life, health or safety to an entity (within the meaning of the Aged Care Act 2024) that has regulatory, compliance or law enforcement functions.

(a) the healthcare provider organisation is an identified healthcare provider organisation within the meaning of the Healthcare Identifiers Act 2010; and