Aged Care Act 2024

The Minister may determine for a financial year:

for the Transition Care Program:

the number of places available to be allocated to entities for delivering funded aged care services through a service group under the program; and

how many of those places must be used to deliver funded aged care services in a specified State or Territory; and

for the Multi‑Purpose Service Program:

the number of places available to be allocated to entities for delivering funded aged care services through a service group under the program; and

how many of those places are for a residential care home or home or community setting.

For variation of a determination made under this section: see subsection 33(3) of the Acts Interpretation Act 1901.

Before making a determination under paragraph (1)(a), the Minister must consider:

relative community needs across the States and Territories; and

any other matters prescribed by the rules.

If the Minister determines under paragraph (1)(a) that places are available to be allocated for use in:

Western Australia—those places are available to also be allocated for use within Christmas Island and the Territory of Cocos (Keeling) Islands; or

Queensland—those places are available to also be allocated for use within Norfolk Island.

A determination under subsection (1) for a financial year must be made before the end of the financial year and may be made before the start of the financial year.

A determination made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.