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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Aged Care Amendment (Red Tape
Reduction in Places Management) Bill
2015
No. , 2015
(Health)
A Bill for an Act to amend the law relating to aged
care, and for related purposes
No. , 2015
Aged Care Amendment (Red Tape Reduction in Places Management)
Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Transfer of places
3
Aged Care Act 1997
3
Schedule 2--Provisionally allocated places
18
Aged Care Act 1997
18
No. , 2015
Aged Care Amendment (Red Tape Reduction in Places Management)
Bill 2015
1
A Bill for an Act to amend the law relating to aged
1
care, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Aged Care Amendment (Red Tape
5
Reduction in Places Management) Act 2015.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Aged Care Amendment (Red Tape Reduction in Places Management)
Bill 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Transfer of places Schedule 1
No. , 2015
Aged Care Amendment (Red Tape Reduction in Places Management)
Bill 2015
3
Schedule 1--Transfer of places
1
2
Aged Care Act 1997
3
1 Division 16
4
Repeal the Division, substitute:
5
Division 16--How are allocated places transferred from
6
one person to another?
7
Subdivision 16-A--Transfer of places other than provisionally
8
allocated places
9
16-1 Application of this Subdivision
10
This Subdivision applies to an allocated
*
place, other than a
11
*
provisionally allocated place.
12
16-2 Transfer notice
13
(1) An approved provider to whom the
*
place has been allocated under
14
Division 14 may give the Secretary a notice (the transfer notice)
15
relating to the transfer of the place to another person.
16
(2) The notice must:
17
(a) be in a form approved by the Secretary; and
18
(b) include the information referred to in subsection (3); and
19
(c) be signed by the transferor and the transferee; and
20
(d) set out any variation of the conditions to which the allocation
21
is subject under section 14-5, for which approval is being
22
sought as part of the transfer; and
23
(e) if, after the transfer, the
*
place would relate to a different
24
*
aged care service--set out the proposals for ensuring that
25
care needs are appropriately met for care recipients who are
26
being provided with care in respect of a place of that kind.
27
(3) The information to be included in the notice is as follows:
28
(a) the transferor's name;
29
Schedule 1 Transfer of places
4
Aged Care Amendment (Red Tape Reduction in Places Management)
Bill 2015
No. , 2015
(b) the number of
*
places to be transferred;
1
(c) the
*
aged care service to which the places currently relate,
2
and its location;
3
(d) the proposed transfer day;
4
(e) the transferee's name;
5
(f) if, after the transfer, the places would relate to a different
6
aged care service--that aged care service, and its location;
7
(g) whether any of the places are places included in a residential
8
care service, or a
*
distinct part of a residential care service,
9
that has
*
extra service status;
10
(h) such other information as is specified in the Allocation
11
Principles.
12
(4) The notice must be given:
13
(a) if the transferee has been approved under section 8-1 as a
14
provider of
*
aged care (even if the approval has not yet begun
15
to be in force)--no later than 60 days, or such other period as
16
the Secretary determines under subsection (5), before the
17
proposed transfer day specified in the notice; or
18
(b) if the transferee has not been approved under section 8-1 as a
19
provider of aged care--no later than 90 days, or such other
20
period as the Secretary determines under subsection (5),
21
before the proposed transfer day specified in the notice.
22
(5) The Secretary may, at the request of the transferor and the
23
transferee, determine another period under paragraph (4)(a) or (b)
24
if the Secretary is satisfied that it is justified in the circumstances.
25
(6) In deciding whether to make a determination, and in determining
26
another period, the Secretary must consider any matters set out in
27
the Allocation Principles.
28
(7) The Secretary must give written notice of his or her decision under
29
subsection (5) to the transferor and the transferee.
30
(8) If the information included in a transfer notice changes, the notice
31
is taken not to have been given under this section unless the
32
transferor and the transferee give the Secretary written notice of the
33
changes.
34
Transfer of places Schedule 1
No. , 2015
Aged Care Amendment (Red Tape Reduction in Places Management)
Bill 2015
5
16-3 Consideration of notices
1
(1) If the Secretary receives a transfer notice, the Secretary must
2
consider whether the Secretary is satisfied of the following:
3
(a) whether the transfer would meet the objectives of the
4
planning process set out in section 12-2;
5
(b) if the places were allocated to meet the needs of
*
people with
6
special needs--whether those needs would continue to be
7
met after the transfer;
8
(c) the suitability of the transferee to provide the aged care to
9
which the places to be transferred relate;
10
(d) if, after the transfer, the
*
places would relate to a different
11
*
aged care service:
12
(i) the financial viability, if the transfer were to occur, of
13
the aged care service in which the places are currently
14
included; and
15
(ii) the financial viability, if the transfer were to occur, of
16
the aged care service in which the places would be
17
included; and
18
(iii) the suitability of the premises being used, or proposed to
19
be used, to provide care through that aged care service;
20
and
21
(iv) the adequacy of the standard of care, accommodation
22
and other services provided, or proposed to be provided,
23
by that aged care service; and
24
(v) whether the proposals set out in the notice, for ensuring
25
that care needs are appropriately met for care recipients
26
who are being provided with care in respect of those
27
places, are satisfactory;
28
(e) if the transferee has been a provider of aged care--its
29
satisfactory conduct as such a provider, and its compliance
30
with its responsibilities as such a provider and its obligations
31
arising from the receipt of any payments from the
32
Commonwealth for providing that aged care;
33
(f) if the transferee has relevant
*
key personnel in common with
34
a person who is or has been an approved provider--the
35
satisfactory conduct of that person as a provider of aged care,
36
and its compliance with its responsibilities as such a provider
37
Schedule 1 Transfer of places
6
Aged Care Amendment (Red Tape Reduction in Places Management)
Bill 2015
No. , 2015
and its obligations arising from the receipt of any payments
1
from the Commonwealth for providing that aged care;
2
(g) any other matters set out in the Allocation Principles.
3
(2) The reference in paragraphs (1)(e) and (f) to aged care includes a
4
reference to any care for the aged, whether provided before or after
5
the commencement of this subsection, in respect of which any
6
payment was or is payable under a law of the Commonwealth.
7
(3) For the purposes of paragraph (1)(f), the transferee has relevant
8
key personnel in common with a person who is or has been an
9
approved provider if:
10
(a) at the time the person provided
*
aged care as an approved
11
provider, another person was one of its
*
key personnel; and
12
(b) that other person is one of the key personnel of the transferee.
13
16-4 Notice to resolve
14
(1) If the Secretary receives a transfer notice and any issues relating to
15
the transfer are of concern to the Secretary, then no more than 28
16
days after receiving the transfer notice the Secretary may issue the
17
transferor and transferee a notice to resolve.
18
(2) The notice to resolve must:
19
(a) be in writing; and
20
(b) specify the issue of concern to the Secretary; and
21
(c) specify the person who is to resolve the issue; and
22
(d) specify the action the Secretary requires the person to take to
23
resolve the issue; and
24
(e) invite the transferee and transferor to make submissions
25
addressing the matters, in writing, to the Secretary within 28
26
days after receiving the notice or such shorter period as is
27
specified in the notice; and
28
(f) state that, if any matters specified in that notice remain of
29
concern to the Secretary after the submissions (if any) have
30
been considered, the Secretary may issue a veto notice under
31
section 16-6.
32
Transfer of places Schedule 1
No. , 2015
Aged Care Amendment (Red Tape Reduction in Places Management)
Bill 2015
7
16-5 Change to proposed transfer day
1
(1) A proposed transfer day (the changing proposed transfer day)
2
becomes a later day if one of the following occurs:
3
(a) the Secretary is given a notice under subsection 16-2(8) no
4
more than 28 days before the changing proposed transfer day;
5
(b) the Secretary issues the transferor and transferee a notice to
6
resolve under section 16-4.
7
Note:
This section may operate multiple times in respect of one transfer.
8
(2) Subject to subsection (3), the proposed transfer day becomes the
9
29th day after the changing proposed transfer day.
10
(3) However, if before the end of the 28th day after the changing
11
proposed transfer day:
12
(a) the transferor and transferee agree, in writing, to another
13
proposed transfer day that is later than the 29th day after the
14
changing proposed transfer day; and
15
(b) the Secretary agrees, in writing, to the other proposed transfer
16
day;
17
the other proposed transfer day becomes the proposed transfer day.
18
16-6 Veto notice
19
(1) If the Secretary receives a transfer notice relating to a
*
place, the
20
Secretary may, at least 7 days before the proposed transfer day,
21
give the transferor and transferee a veto notice rejecting the
22
transfer if:
23
(a) a notice to resolve has been given in respect of the transfer
24
and issues specified in that notice remain of concern to the
25
Secretary; or
26
(b) the Secretary is not satisfied of the matters in section 16-3 in
27
relation to the transfer; or
28
(c) for cases where the transfer would result in residential care in
29
respect of the place being provided through a residential care
30
service in a different location where that residential care
31
service has, or a
*
distinct part of that service has,
*
extra
32
service status--neither subsection 16-7(1) nor (2) applies in
33
relation to the transfer; or
34
Schedule 1 Transfer of places
8
Aged Care Amendment (Red Tape Reduction in Places Management)
Bill 2015
No. , 2015
(d) the proposed transfer would result in the place being
1
transferred to another State or Territory; or
2
(e) circumstances specified in the Allocation Principles exist.
3
Note:
Decisions to give a veto notice are reviewable under Part 6.1.
4
(2) A veto notice must:
5
(a) be in writing; and
6
(b) contain a statement that it is a notice under this section; and
7
(c) state the reasons for giving the veto notice.
8
16-7 Transfer of places to service with extra service status
9
(1) This subsection applies in relation to a transfer if the Secretary is
10
satisfied that the
*
places other than the places to be transferred
11
could, after the allocation, form one or more distinct parts of the
12
residential care service.
13
(2) This subsection applies in relation to a transfer if the Secretary is
14
satisfied that:
15
(a) granting the transfer would be reasonable, having regard to
16
the criteria set out in section 32-4; and
17
(b) granting the transfer would not result in the maximum
18
proportion of
*
extra service places under section 32-7, for the
19
State, Territory or region concerned, being exceeded; and
20
(c) any other requirements set out in the Allocation Principles
21
are satisfied.
22
16-8 Transfer day
23
(1) Subject to this section, a transfer of a
*
place to which this
24
Subdivision applies from one person to another takes effect on the
25
transfer day.
26
(2) The transfer day is the day that is:
27
(a) the proposed transfer day specified in the transfer notice; or
28
(b) if another day is, by operation of this Act, the proposed
29
transfer day--that other day.
30
Transfer of places Schedule 1
No. , 2015
Aged Care Amendment (Red Tape Reduction in Places Management)
Bill 2015
9
(3) The transfer of a
*
place does not occur if a veto notice has been
1
given rejecting the transfer and the notice is in effect on the
2
transfer day.
3
(4) The transfer of a
*
place does not occur if the transferee is not an
4
approved provider on the transfer day.
5
16-9 Effect of transfer on certain matters
6
If a transfer of a
*
place takes effect under this Subdivision on the
7
transfer day:
8
(a) the transferee is taken, from the transfer day, to be the person
9
to whom the place is allocated; and
10
(b) any entitlement of the transferor to an amount of
*
subsidy, in
11
respect of the
*
place being transferred, that is payable but has
12
not been paid passes to the transferee; and
13
(c) any responsibilities under Part 4.2 that the transferor had,
14
immediately before that transfer day, in relation to a
15
*
refundable deposit balance or
*
accommodation bond balance
16
connected with the place become responsibilities of the
17
transferee under Part 4.2; and
18
(d) the transferee is subject to any obligations to which the
19
transferor was subject, immediately before that day, under a
20
*
resident agreement or
*
home care agreement entered into
21
with a care recipient provided with care in respect of the
22
place; and
23
(e) if, as part of the transfer, the transfer notice sought approval
24
for one or more variations of the conditions to which the
25
allocation is subject under section 14-5--the Secretary is
26
taken to have made the variations of the conditions, or such
27
other conditions as have been agreed to as the result of
28
matters relating to the issue of a notice to resolve.
29
16-10 Information to be given to transferee
30
(1) The Secretary may give to the transferee information specified in
31
the Allocation Principles at such times as are specified in those
32
Principles.
33
Schedule 1 Transfer of places
10
Aged Care Amendment (Red Tape Reduction in Places Management)
Bill 2015
No. , 2015
(2) The Allocation Principles must not specify information that would,
1
or would be likely to, disclose the identity of any care recipient.
2
16-11 Transferors to provide transferee with certain records
3
(1) If the transfer is completed, the transferor must give to the
4
transferee such records, or copies of such records, as are necessary
5
to ensure that the transferee can provide care in respect of the
6
*
places being transferred.
7
(2) These records must include the following:
8
(a) the assessment and classification records of care recipients
9
receiving care from the
*
aged care service to which the
10
*
places being transferred relate;
11
(b) the individual care plans of those care recipients;
12
(c) the medical records, progress notes and other clinical records
13
of those care recipients;
14
(d) the schedules of fees and charges for those care recipients;
15
(e) any agreements between those care recipients and the
16
transferor;
17
(f) the accounts of those care recipients;
18
(g) where applicable, the prudential requirements for
*
refundable
19
deposits and accommodation bonds for that aged care
20
service;
21
(h) the records specified in the Allocation Principles.
22
Note:
Approved providers have a responsibility under Part 4.3 to comply
23
with this obligation. Failure to comply with a responsibility can result
24
in a sanction being imposed under Part 4.4.
25
Subdivision 16-B--Transfer of provisionally allocated places
26
16-12 Application of this Subdivision
27
This Subdivision applies to a
*
provisionally allocated place.
28
16-13 Transfer notice
29
(1) An approved provider to whom the
*
place has been
*
provisionally
30
allocated under Division 14 may give the Secretary a notice (the
31
Transfer of places Schedule 1
No. , 2015
Aged Care Amendment (Red Tape Reduction in Places Management)
Bill 2015
11
transfer notice) relating to the transfer of the place to another
1
person.
2
(2) The notice must:
3
(a) be in a form approved by the Secretary; and
4
(b) include the information referred to in subsection (3); and
5
(c) be signed by the transferor and the transferee; and
6
(d) set out any variation of the conditions to which the
7
*
provisional allocation is subject under section 14-5, for
8
which approval is being sought as part of the transfer.
9
(3) The information to be included in the notice is as follows:
10
(a) the transferor's name;
11
(b) the number of
*
places to be transferred;
12
(c) the
*
aged care service to which the places currently relate,
13
and its location;
14
(d) the proposed transfer day;
15
(e) the transferee's name;
16
(f) if, after the transfer, the places would relate to a different
17
aged care service--that aged care service, and its location;
18
(g) the day on which, if the transfer were to take place, the
19
transferee would be in a position to provide care in respect of
20
a place of that kind;
21
(h) whether any of the places are places included in a residential
22
care service, or a
*
distinct part of a residential care service,
23
that has
*
extra service status;
24
(i) evidence of the progress made by the transferor towards
25
being in a position to provide care in respect of the places;
26
(j) such other information as is specified in the Allocation
27
Principles.
28
(4) The notice must be given:
29
(a) if the transferee has been approved under section 8-1 as a
30
provider of
*
aged care (even if the approval has not yet begun
31
to be in force)--no later than 60 days, or such other period as
32
the Secretary determines under subsection (5), before the
33
proposed transfer day specified in the notice; or
34
(b) if the transferee has not been approved under section 8-1 as a
35
provider of aged care--no later than 90 days, or such other
36
Schedule 1 Transfer of places
12
Aged Care Amendment (Red Tape Reduction in Places Management)
Bill 2015
No. , 2015
period as the Secretary determines under subsection (5),
1
before the proposed transfer day specified in the notice.
2
(5) The Secretary may, at the request of the transferor and the
3
transferee, determine another period under paragraph (4)(a) or (b)
4
if the Secretary is satisfied that it is justified in the circumstances.
5
(6) In deciding whether to make a determination, and in determining
6
another period, the Secretary must consider any matters set out in
7
the Allocation Principles.
8
(7) The Secretary must give written notice of his or her decision under
9
subsection (5) to the transferor and the transferee.
10
(8) If the information included in a transfer notice changes, the notice
11
is taken not to have been given under this section unless the
12
transferor and the transferee give the Secretary written notice of the
13
changes.
14
16-14 Consideration of notices
15
(1) If the Secretary receives a transfer notice, the Secretary must
16
consider whether the Secretary is satisfied of the following:
17
(a) whether the transfer would meet the objectives of the
18
planning process set out in section 12-2;
19
(b) the adequacy of the standard of care, accommodation and
20
other services proposed to be provided by the
*
aged care
21
service in which the places would be included if the transfer
22
were to occur;
23
(c) the suitability of the transferee to provide the
*
aged care to
24
which the places to be transferred relate;
25
(d) the suitability of the premises proposed to be used to provide
26
care through the aged care service in which the places would
27
be included if the transfer were to occur;
28
(e) if the places were allocated to meet the needs of
*
people with
29
special needs--whether those needs would be met once the
30
allocation of the places to be transferred took effect;
31
(f) if the transferee has been a provider of aged care--its
32
satisfactory conduct as such a provider, and its compliance
33
with its responsibilities as such a provider and its obligations
34
Transfer of places Schedule 1
No. , 2015
Aged Care Amendment (Red Tape Reduction in Places Management)
Bill 2015
13
arising from the receipt of any payments from the
1
Commonwealth for providing that aged care;
2
(g) if the transferee has relevant
*
key personnel in common with
3
a person who is or has been an approved provider--the
4
satisfactory conduct of that person as a provider of aged care,
5
and its compliance with its responsibilities as such a provider
6
and its obligations arising from the receipt of any payments
7
from the Commonwealth for providing that aged care;
8
(h) the financial viability, if the transfer were to occur, of the
9
transferee and the aged care service in which the places
10
would be included if the transfer were to occur;
11
(i) the location in respect of which the place is provisionally
12
allocated will not change as a result of the transfer;
13
(j) any other matters set out in the Allocation Principles.
14
(2) The reference in paragraphs (1)(f) and (g) to aged care includes a
15
reference to any care for the aged, whether provided before or after
16
the commencement of this subsection, in respect of which any
17
payment was or is payable under a law of the Commonwealth.
18
(3) For the purposes of paragraph (1)(g), the transferee has relevant
19
key personnel in common with a person who is or has been an
20
approved provider if:
21
(a) at the time the person provided
*
aged care as an approved
22
provider, another person was one of its
*
key personnel; and
23
(b) that other person is one of the key personnel of the transferee.
24
16-15 Notice to resolve
25
(1) If the Secretary receives a transfer notice and any issues relating to
26
the transfer are of concern to the Secretary, then no more than 28
27
days after receiving the transfer notice the Secretary may issue the
28
transferor and transferee a notice to resolve.
29
(2) The notice to resolve must:
30
(a) be in writing; and
31
(b) specify the issue of concern to the Secretary; and
32
(c) specify the person who is to resolve the issue; and
33
(d) specify the action the Secretary requires the person to take to
34
resolve the issue; and
35
Schedule 1 Transfer of places
14
Aged Care Amendment (Red Tape Reduction in Places Management)
Bill 2015
No. , 2015
(e) invite the transferee and transferor to make submissions
1
addressing the matters, in writing, to the Secretary within 28
2
days after receiving the notice or such shorter period as is
3
specified in the notice; and
4
(f) state that, if any matters specified in that notice remain of
5
concern to the Secretary after the submissions (if any) have
6
been considered, the Secretary may issue a veto notice under
7
section 16-17.
8
16-16 Change to proposed transfer day
9
(1) A proposed transfer day (the changing proposed transfer day)
10
becomes a later day if one of the following occurs:
11
(a) the Secretary is given a notice under subsection 16-13(8) no
12
more than 28 days before the changing proposed transfer day;
13
(b) the Secretary issues the transferor and transferee a notice to
14
resolve under section 16-15.
15
Note:
This section may operate multiple times in respect of one transfer.
16
(2) Subject to subsection (3), the proposed transfer day becomes the
17
29th day after the changing proposed transfer day.
18
(3) However, if before the end of the 28th day after the changing
19
proposed transfer day:
20
(a) the transferor and transferee agree, in writing, to another
21
proposed transfer day that is later than the 29th day after the
22
changing proposed transfer day; and
23
(b) the Secretary agrees, in writing, to the other proposed transfer
24
day;
25
the other proposed transfer day becomes the proposed transfer day.
26
16-17 Veto notice
27
(1) If the Secretary receives a transfer notice relating to a
28
*
provisionally allocated place, the Secretary may, at least 7 days
29
before the proposed transfer day, give the transferor and transferee
30
a veto notice rejecting the transfer if:
31
(a) a notice to resolve has been given in respect of the transfer
32
and issues specified in that notice remain of concern to the
33
Secretary; or
34
Transfer of places Schedule 1
No. , 2015
Aged Care Amendment (Red Tape Reduction in Places Management)
Bill 2015
15
(b) the Secretary is not satisfied of the matters in section 16-14 in
1
relation to the transfer; or
2
(c) for cases where the transfer would result in residential care in
3
respect of the place being provided through a different
4
residential care service where that residential care service
5
has, or a
*
distinct part of that service has,
*
extra service
6
status--neither subsection 16-18(1) nor (2) applies in relation
7
to the transfer; or
8
(d) the proposed transfer would result in the place being
9
transferred to another State or Territory; or
10
(e) circumstances specified in the Allocation Principles exist.
11
Note:
Decisions to give a veto notice are reviewable under Part 6.1.
12
(2) A veto notice must:
13
(a) be in writing; and
14
(b) contain a statement that it is a notice under this section; and
15
(c) state the reasons for giving the veto notice.
16
16-18 Transfer of places to service with extra service status
17
(1) This subsection applies in relation to a transfer if the Secretary is
18
satisfied that the provisionally allocated places other than the
19
places to be transferred could, after the allocation, form one or
20
more distinct parts of the residential care service.
21
(2) This subsection applies in relation to a transfer if the Secretary is
22
satisfied that:
23
(a) granting the transfer would be reasonable, having regard to
24
the criteria set out in section 32-4; and
25
(b) granting the transfer would not result in the maximum
26
proportion of
*
extra service places under section 32-7, for the
27
State, Territory or region concerned, being exceeded; and
28
(c) any other requirements set out in the Allocation Principles
29
are satisfied.
30
Schedule 1 Transfer of places
16
Aged Care Amendment (Red Tape Reduction in Places Management)
Bill 2015
No. , 2015
16-19 Transfer day
1
(1) Subject to this section, a transfer of a
*
provisionally allocated place
2
to which this Subdivision applies from one person to another takes
3
effect on the transfer day.
4
(2) The transfer day is the day that is:
5
(a) the proposed transfer day specified in the transfer notice; or
6
(b) if another day is, by operation of this Act, the proposed
7
transfer day--that other day.
8
(3) The transfer of a
*
place does not occur if a veto notice has been
9
given rejecting the transfer and the notice is in effect on the
10
transfer day.
11
(4) The transfer of a
*
place does not occur if the transferee is not an
12
approved provider on the transfer day.
13
16-20 Effect of transfer on certain matters
14
If a transfer of a
*
provisionally allocated place takes effect under
15
this Subdivision on the transfer day the transferee is taken, from
16
the transfer day, to be the person to whom the place is allocated.
17
16-21 Information to be given to transferee
18
The Secretary may give to the transferee information specified in
19
the Allocation Principles at such times as are specified in those
20
Principles.
21
2 Paragraph 31-3(1)(b)
22
Omit ", 16-8(2) or 16-20(2)", substitute "or Division 16".
23
3 Paragraph 63-1(1)(e)
24
Omit "section 16-10", substitute "section 16-11".
25
4 Section 85-1 (table items 10 to 12C)
26
Repeal the items, substitute:
27
28
10
To give a veto notice rejecting the transfer of an
subsection 16-6(1)
Transfer of places Schedule 1
No. , 2015
Aged Care Amendment (Red Tape Reduction in Places Management)
Bill 2015
17
allocated place, other than a provisionally
allocated place
11
To give a veto notice rejecting the transfer of a
provisionally allocated place
subsection 16-17(1)
5 At the end of subsection 85-2(1)
1
Add:
2
Note:
This subsection cannot apply to decisions under Division 16 (How are
3
allocated places transferred from one person to another?).
4
6 Subsection 89-1(2)
5
Omit "section 16-10", substitute "section 16-11".
6
7 Application and saving provisions
7
(1)
Division 16 of the Aged Care Act 1997, as repealed and substituted by
8
this Schedule, applies in relation to allocated places, or provisionally
9
allocated places, whether the allocation occurred before, on and after,
10
the commencement of this Schedule.
11
(2)
Division 16 of the Aged Care Act 1997, as in force immediately before
12
the commencement of this Schedule, continues to apply on and after
13
that commencement in relation to applications for transfers of places,
14
and applications for transfers of provisionally allocated places, where
15
those applications were made before that commencement.
16
Schedule 2 Provisionally allocated places
18
Aged Care Amendment (Red Tape Reduction in Places Management)
Bill 2015
No. , 2015
Schedule 2--Provisionally allocated places
1
2
Aged Care Act 1997
3
1 Subsection 15-7(1)
4
Omit "2 years", substitute "4 years".
5
2 Paragraph 15-7(2)(b)
6
Omit "2 years" (wherever occurring), substitute "4 years".
7
3 Paragraphs 15-7(3)(b) and (c)
8
Repeal the paragraphs, substitute:
9
(b) one of the following applies:
10
(i) the applicant has not previously sought an extension and
11
the Secretary is satisfied that the extension is justified in
12
the circumstances;
13
(ii) the applicant has been granted an extension once
14
previously and the Secretary is satisfied that the further
15
extension is justified in the circumstances;
16
(iii) the applicant has been granted an extension more than
17
once previously and the Secretary is satisfied that
18
exceptional circumstances justify the granting of a
19
further extension; and
20
4 After subsection 15-7(3)
21
Insert:
22
(3A) The Allocation Principles may specify matters to which the
23
Secretary must have regard in considering whether exceptional
24
circumstances justify the granting of a further extension.
25
5 Paragraph 15-7(5)(b)
26
Omit "application;", substitute "application.".
27
6 Subsection 15-7(5)
28
Omit "and, within that period, notify the person accordingly.".
29
Provisionally allocated places Schedule 2
No. , 2015
Aged Care Amendment (Red Tape Reduction in Places Management)
Bill 2015
19
7 After subsection 15-7(5)
1
Insert:
2
(5A) The Secretary must notify the person of the decision to grant an
3
extension or reject the application by a time that is:
4
(a) 14 days or more before the end of the
*
provisional allocation
5
period; and
6
(b) within 28 days after receiving the application for the
7
extension.
8
8 Subsection 15-7(6)
9
Omit "unless the Secretary is satisfied that the applicant meets the
10
criteria in the Allocation Principles for increasing or decreasing the
11
period of the extension".
12
9 At the end of section 15-7
13
Add:
14
(7) Despite this section, if the Secretary rejects an application for an
15
extension, the
*
provisional allocation period ends at the later of:
16
(a) the end of the day that is 28 days after the person is notified
17
of the decision; or
18
(b) the time when there is no further reconsideration or review of
19
the decision pending.
20
10 Application provision
21
The amendments made to section 15-7 of the Aged Care Act 1997 by
22
this Schedule apply in relation to:
23
(a) allocations made before the commencement of this Schedule
24
where the provisional allocation period had not ended before
25
that commencement; and
26
(b) allocations made on or after the commencement of this
27
Schedule.
28