Commonwealth Numbered Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 No. 114 of 1997 - SECT 58

(1) Subject to subsection (2), paragraph 36-1(1)(b) of the new Act does not
apply in relation to *residential care that is *provided in respect of a
*place included in a *residential care facility if:

   (a)  the place corresponds to a bed in a nursing home (within the meaning
        of the 1953 Act) that was, immediately before the commencement day, an
        exempt bed (within the meaning of Part V of the 1953 Act); and

   (b)  the person to whom the residential care is provided has been
        continuously provided with residential care in respect of that place
        since the commencement day.

(2) However, if *residential care is *provided to a person in respect of a
*place included in a *residential care facility, and:

   (a)  the place corresponds to a bed in a nursing home (within the meaning
        of the 1953 Act) that was, immediately before the commencement day, an
        exempt bed (within the meaning of Part V of the 1953 Act); and

   (b)  the person had, before the commencement day, made an election under
        section 40ADB of the 1953 Act; and

   (c)  as at the commencement day, the person was not an exempt patient
        within the meaning of section 39AD of the 1953 Act; and

   (d)  the person to whom the residential care is provided has been
        continuously provided with residential care in respect of that place
        since the commencement day; then:

   (e)  the person is taken to have been an exempt patient (within the meaning
        of section 39AD of the 1954 Act) immediately before the commencement
        day; and

   (f)  paragraph 36-1(1)(b) of the new Act applies to *residential care that
        is *provided to the person in respect of the *place. Note: The effect
        of paragraph 36-1(1)(b) of the new Act applying is that an extra
        service agreement between the approved provider concerned and the
        person is necessary in order for residential care to be provided on an
        extra service basis. A person cannot be forced to enter such an
        agreement and, under section 36-4 of the new Act, an agreement with a
        person taken to be an exempt patient under paragraph 58(2)(e) will
        have to provide that the person can terminate the agreement within 3
        months of the date of effect of the agreement.

(3) This section does not affect any agreement between the person and the
proprietor (within the meaning of the 1953 Act) of the nursing home, relating
to exempt bed status in respect of the bed.