Commonwealth Numbered Acts

HEALTH AND COMMUNITY SERVICES LEGISLATION AMENDMENT ACT 1991 No. 211 of 1991 - SECT 41

41. After Part VA of the Principal Act the following Part is inserted:

"PART VAB - COMMONWEALTH BENEFIT IN RESPECT OF NEWLY BUILT NURSING HOMES
Interpretation

"52. In this Part:

"eligible premises" means newly built premises approved as an approved nursing
home on or after 1 November 1991. Application for Commonwealth benefit

"53. The proprietor of eligible premises may apply, in writing, to the
Minister for the grant of a Commonwealth benefit in respect of the premises.
Principles applicable for grant of Commonwealth benefit

"54.(1) The Minister must formulate in writing:

   (a)  principles in accordance with which the grant of a Commonwealth
        benefit under this Part may be approved; and

   (b)  principles for determining the amount of the benefit.

"(2) Without limiting the matters to which the principles may refer, the
principles must require the Minister to take into account in deciding whether
to approve the grant of a Commonwealth benefit to the proprietor of the
nursing home:

   (a)  the honesty of the applicant; and

   (b)  the likely efficiency of the applicant as proprietor of the nursing
        home; and

   (c)  if the applicant has, at any time, been the proprietor orco-proprietor
        of a nursing home or has, at any time, had a substantial role in the
        control of a nursing home:
    (i)   the extent to which the standards determined under
section 45D for the provision of nursing home care were then met in the
nursing home; and

        (ii)   the extent to which patients in the nursing home were then
               properly classified; and

        (iii)  the extent to which agreements, substantially complying with
               the form of agreement formulated by the Minister under section
               40ABB, were then entered into between the proprietor of the
               nursing home and approved nursing home patients in the nursing
               home; and

        (iv)   the extent to which the applicant complied with requests for
               information under paragraph 40AA(6)(ce) or section 60B or 61B;
               and

   (d)  whether any grant for capital works costs in respect of the nursing
        home has been made by the Commonwealth under any other Act. Approval
        of grant

"55.(1) On receiving an application under section 53 for the grant of a
Commonwealth benefit in respect of eligible premises, the Minister may, in
accordance with the principles, approve the grant of a Commonwealth benefit to
the applicant.

"(2) The approval of the Minister must be in writing and set out:

   (a)  the total amount of the benefit; and

   (b)  the rate at which the benefit will be paid; and

   (c)  the period over which the benefit will be paid; and

   (d)  any conditions subject to which the benefit is payable. Entitlement to
        benefit

"56. Where the grant of a Commonwealth benefit to the proprietor of eligible
premises has been approved by the Minister, the Commonwealth benefit is
payable to the proprietor in accordance with the approval of the Minister.
Appropriation

"57.(1) Subject to subsection (2), payments of Commonwealth benefit under this
Part before 1 July 1992 are to be made out of the Consolidated Revenue Fund,
which is appropriated accordingly.

"(2) Payments out of the Consolidated Revenue Fund under subsection (1) may
not exceed $180,000.

"(3) Payments of Commonwealth benefit under this Part on or after 1 July 1992
are to be made out of money appropriated by Parliament for that purpose.".