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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Aged Care Legislation Amendment
(Emergency Leave) Bill 2020
No. , 2020
(Health)
A Bill for an Act to amend the law in relation to
leave from residential care services, and for related
purposes
No. , 2020
Aged Care Legislation Amendment (Emergency Leave) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
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
No. , 2020
Aged Care Legislation Amendment (Emergency Leave) Bill 2020
1
A Bill for an Act to amend the law in relation to
1
leave from residential care services, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Aged Care Legislation Amendment (Emergency
6
Leave) Act 2020
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2
Aged Care Legislation Amendment (Emergency Leave) Bill 2020
No. , 2020
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.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
Amendments
Part 1
No. , 2020
Aged Care Legislation Amendment (Emergency Leave) Bill 2020
3
Schedule 1--Amendments
1
Part 1--Amendments
2
Aged Care Act 1997
3
1 After paragraph 42-2(3)(b)
4
Insert:
5
(ba) the care recipient is not on leave under subsection (3B) on
6
that day; and
7
2 After subsection 42-2(3A)
8
Insert:
9
(3B) A care recipient is on
*
leave under this section from a residential
10
care service (the
affected service
) on a day if:
11
(a) during the whole of that day, the care recipient is absent from
12
the affected service; and
13
(b) either:
14
(i) the care recipient does not, during that day, attend a
15
hospital for the purpose of receiving hospital treatment;
16
or
17
(ii) the care recipient does, during that day, attend a hospital
18
for that purpose and the day is before the day on which
19
the care recipient
*
enters the affected service; and
20
(c) the Minister determines under subsection 42-2A(1) that there
21
is a situation of emergency for that day for the affected
22
service or a class of residential care services that includes the
23
affected service.
24
3 Subsection 42-2(4)
25
Omit "and (3A)", substitute ", (3A) and (3B)".
26
4 After section 42-2
27
Insert:
28
Schedule 1
Amendments
Part 1
Amendments
4
Aged Care Legislation Amendment (Emergency Leave) Bill 2020
No. , 2020
42-2A Determining situations of emergency to enable additional
1
leave
2
(1) The Minister
may determine in writing that there is a situation of
3
emergency for a specified day for a residential care service, or a
4
class of residential care services, if the Minister is satisfied that an
5
emergency is affecting or has affected:
6
(a) the service or services for that day; or
7
(b) the community in which the service or services are located
8
for that day.
9
Note:
An emergency affecting a residential care service or community may
10
include a disaster (whether natural or otherwise), an epidemic or a
11
pandemic.
12
(2) For the purposes of subsection (1):
13
(a) a class of residential care services may include all residential
14
care services in Australia; and
15
(b) a day for which a situation of emergency is determined may
16
be a day that is before, on or after the day the determination
17
is made.
18
(3) A determination made under subsection (1) for a class of
19
residential care services is a legislative instrument.
20
(4) A determination made under subsection (1) for a particular
21
residential care service is not a legislative instrument, but must be
22
published on the Department's website.
23
(5) The Minister may, in writing, delegate to the Secretary the power
24
to make a determination under subsection (1). In exercising the
25
power, the Secretary must comply with any directions of the
26
Minister.
27
5 Paragraph 52C-5(b)
28
Repeal the paragraph, substitute:
29
(b) the care recipient is not on
*
leave from the residential care
30
service on that day; and
31
(ba) the care recipient would have been on leave from the
32
residential care service on that day under subsection 42-2(3)
33
except that the care recipient had previously been on leave
34
under that subsection, during the current financial year, for
35
52 days;
36
Amendments
Schedule 1
Amendments
Part 1
No. , 2020
Aged Care Legislation Amendment (Emergency Leave) Bill 2020
5
Aged Care (Transitional Provisions) Act 1997
1
6 After paragraph 42-2(3)(b)
2
Insert:
3
(ba) the care recipient is not on leave under subsection (3B) on
4
that day; and
5
7 After subsection 42-2(3A)
6
Insert:
7
(3B) A care recipient is on
*
leave under this section from a residential
8
care service (the
affected service
) on a day if:
9
(a) during the whole of that day, the care recipient is absent from
10
the affected service; and
11
(b) either:
12
(i) the care recipient does not, during that day, attend a
13
hospital for the purpose of receiving hospital treatment;
14
or
15
(ii) the care recipient does, during that day, attend a hospital
16
for that purpose and the day is before the day on which
17
the care recipient
*
enters the affected service; and
18
(c) the Minister determines under subsection 42-2A(1) of the
19
Aged Care Act 1997
that there is a situation of emergency for
20
that day for the affected service or a class of residential care
21
services that includes the affected service.
22
8 Subsection 42-2(4)
23
Omit "and (3A)", substitute ", (3A) and (3B)".
24
9 Paragraph 58-6(b)
25
Repeal the paragraph, substitute:
26
(b) the care recipient is not on
*
leave from the residential care
27
service on that day; and
28
(ba) the care recipient would have been on leave from the
29
residential care service on that day under subsection 42-2(3)
30
except that the care recipient had previously been on leave
31
under that subsection, during the current financial year, for
32
52 days;
33
Schedule 1
Amendments
Part 2
Application of amendments
6
Aged Care Legislation Amendment (Emergency Leave) Bill 2020
No. , 2020
Part 2--Application of amendments
1
10 Emergency determinations for days occurring before
2
commencement
3
A determination may be made under subsection 42-2A(1) of the
Aged
4
Care Act 1997
for a day that occurs before the commencement of this
5
item, provided the day does not occur before 1 April 2020.
6