Aged Care and Other Legislation Amendment Act 2025 (45 of 2025)

Schedule 2   Amendment of the Aged Care (Consequential and Transitional Provisions) Act 2024

Part 1   Amendments commencing immediately after transition time

Aged Care (Consequential and Transitional Provisions) Act 2024

15   At the end of item 3 of Schedule 2

Add:

(4) The System Governor may, by legislative instrument, determine that individuals included in a specified class are in a transitional cohort for the purposes of this item if:

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

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

(ii) care provided in a residential setting under a Commonwealth program; and

(b) 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.

(5) A determination under subitem (4) may be made after the transition time.