Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act:
"accommodation bond" has the meaning given by the Dictionary in Schedule 1 to the Aged Care Act 1997 .
"accommodation bond balance" has the meaning given by the Dictionary in Schedule 1 to the Aged Care Act 1997 .
"accommodation payment balance" means:
(a) a refundable deposit balance; or
(b) an accommodation bond balance; or
(c) an entry contribution balance; or
(d) an unregulated lump sum balance.
"administrative costs" , in relation to a default event declaration, means costs incurred by the Commonwealth in relation to, and as the result of, the making of the default event declaration and includes, but is not limited to, costs incurred by the Commonwealth as a result of:
(a) making any insolvency event declaration under section 7 that enabled the making of the default event declaration; and
(b) giving notice of such an insolvency event declaration under section 8; and
(c) giving notice of the default event declaration under section 11; and
(d) determining matters under section 12 that were required to be determined as a result of the making of the default event declaration; and
(e) making any refund declarations under section 13 that were required to be made as a result of the making of the default event declaration; and
(ea) making any refund declarations under section 13A that were permitted to be made as a result of the making of the default event declaration; and
(f) giving notice of those refund declarations under section 14; and
(g) attempting to recover amounts that the Commonwealth gained the right to recover under section 15 as a result of the making of those refund declarations; and
(h) making refund costs recoupment determinations under section 18 relating to those refund declarations; and
(i) recovering levy that the Commonwealth was enabled, as a result of the making of those refund costs recoupment determinations, to impose by regulations made under section 6 of the Aged Care ( Accommodation Payment Security) Levy Act 200 6 .
"administrative costs recoupment determination" means a determination made under section 19.
"aged care" service has the meaning given by the Dictionary in Schedule 1 to the Aged Care Act 1997 .
"approved provider" has the same meaning as in the Aged Care Quality and Safety Commission Act 2018 .
"Australia" , when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
"corporation" means a trading or financial corporation within the meaning of paragraph 51(xx) of the Constitution.
"default event declaration" means a declaration made under section 10.
"entry" , in relation to a person and an aged care service, has the meaning given by the Dictionary in Schedule 1 to the Aged Care Act 1997 .
"entry contribution" has the meaning given by the Dictionary in Schedule 1 to the Aged Care Act 1997 .
"entry contribution balance" has the meaning given by the Dictionary in Schedule 1 to the Aged Care Act 1997 .
"Finance Minister" means the Minister who administers the Public Governance, Performance and Accountability Act 2013 .
"flexible care" has the meaning given by the Dictionary in Schedule 1 to the Aged Care Act 1997 .
"flexible care" service has the meaning given by the Dictionary in Schedule 1 to the Aged Care Act 1997 .
"formal agreement" has the meaning given by the Dictionary in Schedule 1 to the Aged Care Act 1997 .
"insolvency event" : each of the following events is an insolvency event that may occur in relation to a person who is or has been an approved provider (the approved provider or former approved provider ) :
(a) a CGT event G3 (within the meaning of the Income Tax Assessment Act 1997 ) in respect of shares or financial instruments of the approved provider or former approved provider ;
(b) the making of an order:
(i) under section 459A or 459B of the Corporations Act 2001 ; or
(ii) under a provision of the law of a State, or Territory, which deals with the incorporation of associations;
that the approved provider or former approved provider be wound up in insolvency;
(c) the passing of a special resolution:
(i) under section 491 of the Corporations Act 2001 ; or
(ii) under a provision of the law of a State, or Territory, which deals with the incorporation of associations;
that the approved provider or former approved provider be wound up voluntarily;
(d) the passing of a resolution under paragraph 439C(c) of the Corporations Act 2001 by the creditors of the approved provider or former approved provider that the approved provider or former approved provider be wound up;
(e) the making of a sequestration order against the estate of the approved provider or former approved provider ;
(f) the acceptance of a debtor's petition (within the meaning of the Bankruptcy Act 1966 ) against the approved provider or former approved provider by an Official Receiver (within the meaning of that Act);
(g) the making of an insolvency event declaration in relation to the approved provider or former approved provider (see section 7).
"insolvency event declaration" means a declaration made under section 7.
"national newspaper" means a newspaper circulating generally throughout Australia.
"outstanding accommodation payment balance" has the meaning given by subsection ( 2).
"provisional allocation" has the meaning given by the Dictionary in Schedule 1 to the Aged Care Act 1997 .
"refundable deposit balance" has the meaning given by the Dictionary in Schedule 1 to the Aged Care Act 1997 .
"refund amount" , in relation to a refund declaration, means the amount that the refund declaration declares is to be paid by the Commonwealth.
"refund costs recoupment determination" means a determination made under section 18.
"refund declaration" means a declaration made under section 13 or 13A .
"refund recipient" , in relation to a refund declaration, means the person that the refund declaration declares is to be paid an amount by the Commonwealth.
"residential care" has the meaning given by the Dictionary in Schedule 1 to the Aged Care Act 1997 .
"residential care service" has the meaning given by the Dictionary in Schedule 1 to the Aged Care Act 1997 .
"respite care" has the meaning given by the Dictionary in Schedule 1 to the Aged Care Act 1997 .
"Secretary" means the Secretary of the Department.
"unregulated lump sum" has the meaning given by subsection ( 3).
"unregulated lump sum balance" , in relation to an unregulated lump sum is, at a particular time, an amount equal to the difference between:
(a) the amount of the unregulated lump sum; and
(b) any amounts that have been, or are permitted to be, deducted at that time under the agreement under which the unregulated lump sum was paid.
Outstanding accommodation payment balance
(2) For the purposes of this Act, an accommodation payment balance is an outstanding accommodation payment balance at a particular time of a person who is or has been an approved provider if:
(a) at that time all, or part, of the accommodation payment balance has not been refunded; and
(aa) in relation to a refundable deposit balance--that time is later than the time required for payment of the balance to be refunded by the person under Division 52P of the Aged Care Act 1997 ; and
(b) in relation to an accommodation bond balance or entry contribution balance--that time is later than the time required for the balance to be refunded by the person under:
(i) Subdivision 57 - G of the Aged Care (Transitional Provisions) Act 1997 ; or
(ii) the Aged Care (Transitional Provisions) Principles made under section 96 - 1 of the Aged Care (Transitional Provisions) Act 1997 ; or
(iii) a formal agreement applying in respect of the balance; and
(c) in relation to an unregulated lump sum--that time is later than the earlier of the following:
(i) the start of the first day on which the person (the unregulated lump sum holder ) to whom the amount was paid is obliged, under the agreement under which it was paid, to refund the amount or part of the amount;
(ii) the end of a period of 14 days beginning immediately after the day on which the care recipient in relation to whose entry to a residential care service or flexible care service the amount was paid ceased to be provided with care by the unregulated lump sum holder through that service.
What is an unregulated lump sum?
(3) An unregulated lump sum is an amount of money paid to a person (the unregulated lump sum holder ) in the following circumstances:
(a) the amount is paid to the unregulated lump sum holder by a care recipient under a written agreement for the care recipient's entry to:
(i) a residential care service through which residential care other than respite care is, or is to be, provided by the unregulated lump sum holder; or
(ii) a flexible care service through which flexible care is, or is to be, provided by the unregulated lump sum holder;
(b) the amount does not accrue daily;
(c) under the agreement, the amount, or part of the amount, must be refunded to the care recipient if the unregulated lump sum holder ceases to provide residential care or flexible care (as the case requires) to the care recipient;
(d) the unregulated lump sum holder is an approved provider immediately before 1 January 2009;
(e) the amount was paid to the unregulated lump sum holder before 1 January 2009 and before the unregulated lump sum holder began to be an approved provider;
(f) the amount is not an entry contribution;
(g) the care recipient did not cease to be provided with residential care through the residential care service, or flexible care through the flexible care service (as the case requires), after the amount was paid but before the unregulated lump sum holder began to be an approved provider.