Treatment Principles
90 Treatment Principles
The Commission may, in writing, determine principles setting out circumstances in which, and conditions subject to which, treatment of a particular kind, or included in a particular class of treatment, may be provided under this Part for, or in respect of, eligible persons:
at a hospital or other institution in respect of which the Commission has entered into arrangements under paragraph 89(1)(b) or (c); or
otherwise under this Part.
For eligible person, see subsection (8).
A determination under subsection (1) may also include provisions dealing with the following matters in relation to treatment to be provided to an eligible person:
whether approval by the Commission of the treatment is required;
if approval by the Commission of the treatment is required—the exercise of the Commission’s power to approve the treatment, whether before or after the treatment is given or begins to be given;
where the treatment may be provided.
A determination under subsection (1) may also include provisions:
specifying kinds of treatment for the purposes of paragraph 84(3A)(b); and
specifying the circumstances in which, and the extent to which, the Commission may accept financial responsibility for particular costs relating to that treatment (including amounts of subsidy payable under Part 2 of Chapter 4 of the Aged Care Act 2024).
Without limiting the generality of subsection (1), a determination under that subsection may specify kinds or classes of treatment that will not be provided for, or in respect of, eligible persons under this Part, or will not be so provided at places, or in circumstances, specified or described in the determination.
Determination must be approved by the Minister
A determination under subsection (1) has no effect unless the Minister has approved it in writing.
A determination under subsection (1) approved by the Minister and as in force from time to time is the Treatment Principles.
Variation or revocation of Treatment Principles
The Commission may, by written determination, vary or revoke the Treatment Principles.
A determination under subsection (5) has no effect unless the Minister has approved it in writing.
Legislative instruments
A determination under subsection (1) or (5) made by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved.
Incorporation of other instruments
Despite subsection 14(2) of the Legislation Act 2003:
a determination under subsection (1); or
a determination under subsection (5) varying the Treatment Principles;
may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
Treatment Principles are binding on the Commission
The Treatment Principles are binding on the Commission in the exercise of its powers and discretions under this Part.
Eligible person
In this section eligible person means a person eligible under section 85, 86, 88A or 88B to be provided with treatment.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.