Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Aged Care (Living Longer Living Better) Amendment (Review) Bill 2016

Bill home page  


Download WordDownload Word


Download PDFDownload PDF

2016

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

AGED CARE (LIVING LONGER LIVING BETTER) AMENDMENT (REVIEW) BILL 2016

 

 

EXPLANATORY MEMORANDUM

AND

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

 

 

 

 

 

 

Circulated by authority of the Hon Julie Collins MP

Aged Care (Living Longer Living Better) Amendment (Review) Bill 2016

 

OUTLINE

This Bill amends the independent review provisions contained in the Aged Care (Living Longer Living Better) Bill 2013 to specifically include a review of the funding arrangements for residential aged care.

 

The changes arising from this Bill respond to the lack of certainty and sustainability of future residential aged care funding and the need to review the Aged Care Funding Instrument.

 

FINANCIAL IMPACT

The Bill will have no financial impact.

 

NOTES ON CLAUSES

 

Clause 1 - Short Title

This is a formal provision which provides that the Bill, once enacted, can be cited as the Aged Care (Living Longer Living Better) Amendment (Review) Act 2016 .

 

Clause 2 - Commencement

This clause provides that each provision of the Bill commences in accordance with the table. Provisions, Schedules and Parts of Schedules commence as follows:

ยท          The whole of this Bill - the day the Act receives Royal Assent.

 

Clause 3 - Schedule(s)

This clause provides that each Act that is specified in a Schedule to this Bill is amended or repealed as set out in the applicable item in the Schedule.

 

Schedule 1 - Amendments

Item 1

This item amends clause 4 of the Aged Care (Living Longer Living Better) Act 2013 .

 

Subclause (1) provides for the Minister to cause an independent review of the operation and amendments made by the Aged Care (Living Longer Living Better) Act 2013, the Aged Care (Bond Security) Amendment Act 2013 and the Aged Care (Bond Security) Levy Amendment Act 2013.

 

Subclause (2) describes the mandatory issues that the review described in subclause (1) must take into account.

 

A new subclause (2A) provides for the Minister to cause an independent review of the operation of Part 2.4 of the Aged Care Act 1997, the Classification Principles 2014 and the Aged Care Funding Instrument.

 

A new subclause (2B) describes the mandatory issues that the review described in subclause (2A) must take into account (when enacted).

 

 



 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Aged Care (Living Longer Living Better) Amendment (Review) Bill 2016

 

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

 

Overview of the Bill

 

This Bill amends the independent review provisions contained in the Aged Care (Living Longer Living Better) Bill 2013 to specifically include a review of the funding arrangements for residential aged care.

 

The changes arising from this Bill respond to the lack of certainty and sustainability of future residential aged care funding and the need to review the Aged Care Funding Instrument.

 

Human rights implications

 

The Bill promotes the human right to health contained in Article 12 of the International Covenant on Economic, Social and Cultural Rights.

 

The Bill introduces a review of the current funding arrangements for residential aged care . The review will be used to ensure that the funding of residential aged care is providing older Australians with a high standard of residential aged care.

 

Conclusion

 

This Bill is compatible with human rights because it promotes the human rights to the highest attainable standard of physical and mental health.

 

The Hon Julie Collins MP