Commonwealth Numbered Acts

HEALTH AND COMMUNITY SERVICES LEGISLATION AMENDMENT ACT 1991 No. 211 of 1991 - SECT 8

8. After section 10A of the Principal Act, the following sections are
inserted: Approved operators in relation to approved hostels

"10AB.(1) An organisation may apply for approval by the Minister as an
approved operator of hostels.

"(2) An application must be in writing in a form approved by the Minister.

"(3) Where the Minister is satisfied that the applicant is a suitable
organisation to operate hostels, the Minister must approve the organisation as
an approved operator of hostels.

"(4) The Minister, in exercising his or her powers under subsection (3), must
comply with any relevant principles in force under subsection (5).

"(5) The Minister may set out in writing principles to be complied with by the
Minister with respect to his or her powers under subsection (3). Note: See
section 10HA for the time when principles come into force.

"(6) If the Minister does not grant an approval in accordance with an
application under this section, the Minister must refuse the application and
notify the applicant, in writing, of the refusal and the reason for the
refusal.

"(7) An organisation that, immediately before the commencement of this
section:

   (a)  operated an approved hostel; or

   (b)  was the holder of a certificate in force under subsection 9AB(3), (6),
        (8) or (10); is taken to be approved under this section as an operator
        of hostels. Revocation of approval

"10AC.(1) If the Minister:

   (a)  is of the opinion that an organisation that is an approved operator is
        no longer a suitable organisation to operate hostels; and

   (b)  is considering revoking the approval of the organisation as an
        approved operator; the Minister may, by notice in writing to the
        organisation, inform it of those facts and the reason why the Minister
        has formed that opinion.

"(2) The organisation may, within 14 days after receiving the notice, make a
written submission to the Minister stating reasons why the approval should not
be revoked.

"(3) The Minister may revoke an organisation's approval if:

   (a)  the organisation does not make a submission under subsection (2); or

   (b)  after considering any submission made by the organisation, the
        Minister is still of the opinion that it is no longer a suitable
        organisation to operate hostels.

"(4) The Minister, in exercising powers under this section, must comply with
any relevant principles in force under subsection (5).

"(5) The Minister may set out in writing principles to be complied with by the
Minister with respect to his or her powers under this section. Note: See
section 10HA for the time when principles come into force.

"(6) Where the Minister revokes the approval of an organisation under this
section, the Minister is to notify the organisation, in writing,
accordingly.".