Commonwealth Numbered Acts

HEALTH AND COMMUNITY SERVICES LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 192 of 1992 - SECT 15

15. After section 52 of the Principal Act the following Division is inserted:

"Division 2 - Approval-in-principle of an approval of
a grant in respect of a newly built nursing home Application for
approval-in-principle

"52A.(1) If:

   (a)  a person is building, or proposes to build, a nursing home; and

   (b)  the person proposes to become the proprietor of the proposed nursing
        home; the person may apply, in writing, to the Minister for an AIP of
        a grant of Commonwealth benefit under section 55 in respect of the
        proposed nursing home.

"(2) An application must:

   (a)  be in a form approved by the Minister; and

   (b)  be accompanied by such further information and documents (if any) as
        the Minister, in writing, requests the person to provide. Principles
        applicable to the grant of an approval-in-principle

"52B.(1) The Minister must set out, in writing, principles in accordance with
which an AIP may be granted.

"(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 grant the AIP to the person:

   (a)  the matters listed in paragraphs 54(2)(a), (b) and (c); and

   (b)  whether any grant for capital works costs in respect of the proposed
        nursing home has been made by the Commonwealth; and

   (c)  whether there is in force, in respect of the proposed nursing home, a
        certificate granted under section 39A or 39B.

"(3) The principles may state circumstances in which the Minister must not
approve the grant of an AIP in respect of a nursing home that a person is
building, or proposes to build, unless there is in force, in respect of the
proposed nursing home, a certificate granted under section 39A or 39B.

"(4) The principles may set out circumstances in which the funding of certain
proposed nursing homes is to be given a higher or lower priority than the
funding of other proposed nursing homes. Grant of an approval-in-principle

"52C.(1) Upon receiving an application under section 52A, the Minister may, in
writing, in accordance with principles set out under section 52B, approve the
grant of an AIP to the applicant.

"(2) The Minister's approval must:

   (a)  set out the conditions to which the grant of the AIP is subject; and

   (b)  state that if:

        (i)    within the application period, the applicant becomes eligible
               to apply under section 53 for a grant of Commonwealth benefit
               in respect of a newly built nursing home; and

        (ii)   the applicant so applies; and

        (iii)  the applicant has complied with the conditions (if any) set out
               in the AIP; the application for a grant of Commonwealth benefit
               will not be refused.

"(3) If the holder of an AIP applies in writing, the Minister may vary the
approval by extending the period referred to in subparagraph (2)(b)(i).

"(4) The Minister must revoke an AIP if the holder of the AIP applies, in
writing, to the Minister for the AIP to be revoked.

"(5) An AIP comes into force on the day on which the Minister approves it and
remains in force until the period specified in the AIP expires.

"(6) In this section:
'application period', in relation to an AIP means:

   (a)  the period of 12 months beginning immediately after the grant of the
        AIP; or

   (b)  if the Minister has varied the approval of the grant of the AIP under
        subsection (3) by extending the period referred to in subparagraph
        (2)(b)(i) - the extended period. Minister may revoke an AIP at any
        time before an approval of grant is given

"52D.(1) The Minister may revoke an AIP in respect of a proposed nursing home
if the Minister is satisfied that a condition of the AIP has not been complied
with.

"(2) Before revoking the AIP, the Minister must give written notice to the
holder of the AIP that:

   (a)  states that the Minister is considering revoking it; and

   (b)  sets out the condition of the AIP that, in the Minister's opinion, has
        not been complied with; and

   (c)  sets out the facts and reasons supporting the Minister's opinion.

"(3) The holder of the AIP may, within 14 days after receiving the notice,
make a written submission to the Minister stating reasons why the AIP should
not be revoked.

"(4) The Minister may revoke the AIP if:

   (a)  the holder of the AIP did not make a submission; or

   (b)  after considering any submission made by the holder of the AIP, the
        Minister still thinks that a condition of the AIP has not been
        complied with.

"(5) The Minister must comply with any relevant principles in force under
subsection (6).

"(6) The Minister may, in writing, set out principles to be complied with in
deciding whether to revoke an AIP.

"(7) If the Minister revokes an AIP, the Minister must notify the person who
held it accordingly.".