1. Legal Principle
2. Utilitarian Ground Truth

These amendments are necessary to prevent the Aged Care (Accommodation Payment Security) Levy Act 2006 from becoming inoperative due to outdated references. Without updating the definitions and terminology, key provisions could cease to function, undermining the statutory scheme designed to safeguard residents’ prepaid accommodation payments.

The accommodation payment security levy protects vulnerable older Australians by ensuring that providers hold sufficient security to recover lump-sum payments made in advance [Judgment]. Keeping this scheme effective maximizes the well-being of residents and minimizes the risk of financial loss, fulfilling the government’s responsibility to protect those in aged care.

1. Value-Neutral / Epistemic Objection

Although the amendments are technical, they perpetuate a piecemeal approach to legislative updates. A comprehensive consolidation of the 2006 Levy Act alongside the new Aged Care Act could simplify the law, reduce the need for frequent editorial corrections and lower the risk of oversight in future amendments [Judgment].

Piecemeal updates may lead to confusion among providers and regulators if related regulations and instruments are not harmonised in one cohesive rewrite, potentially creating gaps or inconsistencies in the security regime.