Commonwealth Consolidated Acts Commonwealth Consolidated ActsNote: Section 1 - 3 describes how asterisks are used to identify terms that are defined in this Act.
In this Act, unless the contrary intention appears:
"accommodation bond" has the same meaning as in the Aged Care Act 1997 .
"accommodation bond agreement" has the meaning given in section 57 - 9.
"accommodation bond balance" has the same meaning as in the Aged Care Act 1997 .
"accommodation charge" has the same meaning as in the Aged Care Act 1997 .
"accommodation charge agreement" has the meaning given by section 57A - 3.
"accreditation requirement" has the same meaning as in the Aged Care Act 1997 .
"aged care" means care of one or more of the following types:
(a) residential care;
(b) home care;
(c) flexible care.
"aged care service" means an undertaking through which * aged care is provided.
"approved provider" has the same meaning as in the * Quality and Safety Commission Act.
"assisted resident" has the meaning given by section 44 - 8.
"Australia" , when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
"authority of a State or Territory" means a body established for a public purpose by or under a law of a State or Territory.
"basic age pension amount" means the annual maximum basic rate under point 1064 - B1 of the Social Security Act 1991 that applies to a person who is not a member of a couple within the meaning of that section.
"capital repayment deduction" is an amount deducted, in accordance with section 43 - 6, from an amount of * residential care subsidy otherwise payable under Division 43.
"care" means services, or accommodation and services, provided to a person whose physical, mental or social functioning is affected to such a degree that the person cannot maintain himself or herself independently.
"Chief Executive Centrelink" has the same meaning as in the Human Services (Centrelink) Act 1997 .
"Chief Executive Medicare" has the same meaning as in the Human Services (Medicare) Act 1973 .
"classification level" has the same meaning as in the Aged Care Act 1997 .
"close relation" has the meaning given in section 44 - 11.
"concessional resident" has the meaning given by section 44 - 7.
"continuing care recipient" has the same meaning as in the Aged Care Act 1997 .
"daily income tested reduction" has the meaning given in step 4 of the income tested reduction calculator in section 44 - 21. However, section 44 - 22 or 44 - 23 may affect the meaning of this term in certain cases.
"dependent child" has the meaning given in section 44 - 11.
"distinct part" has the same meaning as in the Aged Care Act 1997 .
"entry" , in relation to a person and an * aged care service, means the commencement of the provision of care to the person through that aged care service.
"entry contribution" , relating to a care recipient, means any payment, made before 1 October 1997, of money or other valuable consideration required by an * operator to be given or loaned in return for, or in contemplation of, * entry of the care recipient to a hostel (within the meaning of the Aged or Disabled Persons Care Act 1954 ).
"extended hospital leave" , in relation to a care recipient provided with residential care, means:
(a) leave taken by the care recipient under subsection 42 - 2(2) for a continuous period of 30 days or more; and
(b) leave taken by the care recipient for a continuous period of 30 days or more, first under subsection 42 - 2(2) and later under subsection 42 - 2(3A).
"extra service agreement" has the same meaning as in the Aged Care Act 1997 .
"extra service place" has the same meaning as in the Aged Care Act 1997 .
"extra service status" has the same meaning as in the Aged Care Act 1997 .
"flexible care" has the meaning given by section 49 - 3.
"flexible care service" means an undertaking through which flexible care is provided.
"flexible care subsidy" means a subsidy payable under Part 3.3.
"home care" has the meaning given by section 45 - 3.
"home care agreement" has the same meaning as in the Aged Care Act 1997 .
"home care service" means an undertaking through which home care is provided.
"home care subsidy" means a subsidy payable under Part 3.2.
"homeowner" has the meaning given in section 44 - 11.
"income support payment" means:
(a) an income support payment within the meaning of subsection 23(1) of the Social Security Act 1991 ; or
(c) a payment of farm household support, or a drought relief payment, under the Farm Household Support Act 1992 .
"income support supplement" means an income support supplement under Part IIIA of the Veterans' Entitlements Act 1986 .
"leave" , in relation to a care recipient provided with residential care, has the meaning given by section 42 - 2.
"local government authority" means a body established for the purposes of local government by or under a law of a State or Territory.
"member of a couple" has the meaning given in section 44 - 11.
"partner" has the meaning given in section 44 - 11.
"payment period" :
(a) in relation to residential care: see section 43 - 2; and
(b) in relation to home care: see section 47 - 2.
"pensioner supplement" is the supplement referred to in section 44 - 28.
"people with special needs" has the same meaning as in the Aged Care Act 1997 .
"permitted" has the same meaning as in the Aged Care Act 1997 .
"place" means a capacity within an * aged care service for provision of residential care or flexible care to an individual.
"post-2008 reform resident" has the meaning given in section 44 - 5C.
"post-September 2009 resident" has the meaning given by section 58 - 3A.
"pre-2008 reform resident" has the meaning given in section 44 - 5D.
"pre-entry leave" has the meaning given in section 44 - 5E.
"pre-September 2009 resident" has the meaning given by section 58 - 3A.
"prioritised home care recipient" has the same meaning as in the Aged Care Act 1997 .
"protected resident" has the meaning given by section 58 - 3B.
"provide" , in relation to care, includes the meaning given by section 96 - 4.
"provisional allocation" has the same meaning as in the Aged Care Act 1997 .
"Quality and Safety Commission Act" means the Aged Care Quality and Safety Commission Act 2018 .
"Repatriation Commission" means the Repatriation Commission continued in existence by section 179 of the Veterans' Entitlements Act 1986 .
"resident agreement" has the same meaning as in the Aged Care Act 1997 .
"residential care" has the meaning given by section 41 - 3.
"residential care service" means an undertaking through which residential care is provided.
"residential care subsidy" means a subsidy payable under Part 3.1.
"respite care" means residential care or flexible care (as the case requires) provided as an alternative care arrangement with the primary purpose of giving a carer or a care recipient a short - term break from their usual care arrangement. However, it does not include residential care provided through a residential care service while the care recipient in question is on * leave under section 42 - 2 from another residential care service.
"reviewable decision" has the meaning given in section 85 - 1.
"Secretary" means the Secretary of the Department.
"service pension" has the same meaning as in subsection 5Q(1) of the Veterans' Entitlements Act 1986.
"standard resident contribution" means an amount referred to in section 58 - 3, 58 - 3B or 58 - 3C (whichever is applicable).
"supported resident" has the meaning given in section 44 - 5B.
"total assessable income" has the meaning given in section 44 - 24.
"total assessable income free area" has the meaning given in section 44 - 26.
"unspent home care amount" of a care recipient has the meaning given by the User Rights Principles.
"veteran payment" means a veteran payment made under an instrument made under section 45SB of the Veterans' Entitlements Act 1986 .