Today the Commonwealth Government announced that the Dementia and Severe Behaviours Supplement will be abolished from 31 July 2014.

A media release regarding the abolition of the Dementia Supplement can be viewed here: http://mitchfifield.dss.gov.au/media-releases/121

Applications for the next Aged Care Approvals Round (ACAR) will be open from May 2014.

Assistant Minister for Social Services, Senator the Hon Mitch Fifield, released details of the upcoming ACAR last month.

Home Care Packages and residential aged care places will be made available and applicants are encouraged to consider the aged care needs in their area when applying.

Details will be made available by the Department in May 2014.

If you require advice or assistance in relation to an application for places, please contact us.

For a link to Senator the Hon Mitch Fifield’s official media release regarding the 2014 Aged Care Approvals Round please click below:

http://mitchfifield.dss.gov.au/media-releases/67

 

All aged care approved providers should note that the Department of Social Services (“the Department”) has announced that as of 19 May 2014 all approved providers will be required to publish their aged care accommodation prices and provide detailed descriptions of key features for each type of room they offer.

This information will be published on the MyAgedCare website and must also be available on the approved provider’s website. The information must also be included in material provided to residents, their families and carers.

This is a legislative requirement under the Fees and Payments Principles 2014 and the Department anticipates that the publishing of such information will provide greater transparency and support to prospective residents; assisting them and their families to make informed choices in respect of their care options.  The Department also anticipates to provide a venue through which aged care providers can promote their services.

Approved providers will be expected to publish their maximum accommodation prices from 1 July 2014 onwards as a refundable deposit, a daily payment and a combination payment.  If the maximum price and relevant information for a type of room has not been listed, an approved provider will not be able to charge a resident an accommodation payment.

In addition, if an approved provider wishes to publish an accommodation price above a refundable deposit of $550,000 it will require, and need to apply for, approval from the Aged Care Pricing Commissioner prior to publication.

Healthdirect Australia will be contacting approved providers before the end of March 2014 to confirm organisations’ details, a contact person and to provide a pre-populated template which must be completed.  This template is to be returned to Healthdirect Australia by the end of April 2014 in anticipation for publication of the necessary information on the MyAgedCare website on 19 May 2014. A copy of the Department’s fact sheet can be found here: http://www.dss.gov.au/sites/default/files/documents/03_2014/information_sheet_accommodation_payments.pdf 

Fraser Barrett Baird has extensive experience in the aged care sector, particularly with assisting approved providers in dealing with the Department.  If you have any questions, would like to discuss and find out more about these new requirements or simply would like assistance with your Healthdirect Australia template and/or application to the Aged Care Pricing Commissioner please call us on (03) 8689 0016.

The introduction of the Personal Properties Securities Act (“PPSA”) in January 2012 created a new legal concept of the ‘PPS Lease’ in Australia.

Under the PPSA, a ‘PPS Lease’ is a lease or bailment of goods for an indefinite period or for a period of more than one year. However, for serial numbered goods (assets that may or must have a serial number including motor vehicles, boats and aircraft), the lease or bailment need only be for a term of 90 days or more to create a PPS Lease. All PPS Leases must be registered on the Personal Property Securities Register or the lessor’s interest in the goods may be “trumped” by other parties (such as liquidators or secured creditors).

On 19 March 2014, the Personal Property Securities Amendment (Deregulatory Measures) Bill 2014 (Cth) was introduced into the House of Representatives.

The intent of the Bill is to amend the PPSA so that leases of serial numbered goods for less than twelve months will no longer be deemed ‘PPS Leases’ for the purposes of the PPSA.  The effect of the amendment will be to simplify the deeming provisions of the PPSA by removing section 13(1)(e) of the PPSA and minimising the need for small and medium hire businesses to register short-term leases (and to reduce the associated costs).

Importantly, the proposed changes to the PPSA will apply only to transactions entered into after enactment of the amendments.

Further amendments to the PPSA are expected to be proposed following an extensive review of the PPSA due to be completed by 31 January 2015.

 

If you have leased, loaned, or otherwise given custody of goods to a third party (whether or not those goods are identified by serial number) you may have created a PPS Lease. Failure to register the PPS Lease could result in you losing the right to reclaim those goods. Call us on (03) 8689 0016 if you have any questions about PPS Leases or the PPSA.