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

Schedule 1   Amendment of the Aged Care Act 2024

Part 1   Amendments commencing immediately after the commencement of the Aged Care Act 2024

Aged Care Act 2024

23   Subsection 11(7)

Repeal the subsection, substitute:

11A Delivery of funded aged care services

Delivery not affected by involvement of associated providers

(1) To avoid doubt, a registered provider delivers a funded aged care service for the purposes of this Act even if some or all of the work involved in delivering the service to an individual is done by one or more associated providers of the registered provider.

Circumstances when non-delivery of funded aged care services is taken to be delivery of funded aged care services

(2) A service is taken to have been delivered by a registered provider to an individual for the purposes of this Act if:

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

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

(c) 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

(d) subsection (3) applies to the service.

(3) This subsection applies to the service if:

(a) both:

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

(ii) 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

(b) the circumstances prescribed by the rules apply.

(4) If subsection (2) applies in relation to a service:

(a) 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

(b) 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.

(5) Subsection (2) does not apply:

(a) in circumstances prescribed by the rules; or

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

Certain reimbursements taken to be delivery of funded aged care services

(6) If:

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

(b) 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

(c) 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

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

the reimbursement is taken, for the purposes of this Act, to be the delivery of the service by the registered provider to the individual.

(7) Subsection (6) does not apply:

(a) in circumstances prescribed by the rules; or

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