Commonwealth Numbered Acts

NATIONAL HEALTH AMENDMENT ACT 1976 No. 60, 1976 - SECT 10

10. Sections 41 to 45 (inclusive) of the Principal Act are repealed and the
following sections substituted:- Certificate of approval.
''41. (1) Upon the approval of premises as an approved nursing home, the
Permanent Head shall cause to be issued to the proprietor of the nursing home
a certificate of approval in the authorized form, being a certificate that, in
the case of a nursing home that is not a Government nursing home, specifies
the conditions applicable to the nursing home.

''(2) A certificate of approval may specify that the approval is to cease to
have effect on a date specified in the certificate.

''(3) The proprietor of an approved nursing home shall cause the certificate
of approval to be displayed in a prominent position in the nursing home.

''(4) The proprietor of an approved nursing home who applies to the Permanent
Head for revocation of the approval of the nursing home, or the proprietor, or
the legal personal representative of the proprietor, of an approved
nursing home who gives notice to the Permanent Head in accordance with
section 43, shall forward the certificate of approval of the nursing home with
the application or notice.

''(5) Where the approval of an approved nursing home is revoked, the
proprietor of the nursing home shall forward the certificate of approval to
the Permanent Head.

Penalty: $40. Inspection of nursing homes.
''42. (1) The Permanent Head may, by writing signed by him, authorize an
officer or other person to inspect approved nursing homes or any premises in
respect of which an application for approval under this Part has been made.

''(2) The proprietor of an approved nursing home or of premises in respect of
which an application for approval under this Part has been made shall permit
an officer or other person authorized under sub- section (1) to inspect the
nursing home or the premises, as the case may be, at any reasonable time.

Penalty: $40. Notice of retirement or death of the proprietor of an approved
nursing home.
''43. (1) If the proprietor of an approved nursing home ceases to be the
proprietor of the nursing home, he shall, by notice in writing, notify the
Permanent Head accordingly within 1 month after that cessation.

''(2) If the proprietor of an approved nursing home dies, his legal personal
representative shall, by notice in writing, notify the Permanent Head
accordingly within 1 month after the death.

Penalty: $40. Variation or revocation of approval by Permanent Head.
''44. (1) The Permanent Head may, at any time, review the approval of a
nursing home under this Division.

''(2) If the Permanent Head considers that-

   (a)  the nature of an approved nursing home has changed since the approval
        under review was given or deemed to have been given; or

   (b)  a condition applicable to the approved nursing home has not been
        complied with, he may vary the nature of the approval or revoke the
        approval as he considers justified in the circumstances of the case.

''(3) Upon receipt of-

   (a)  an application in writing by the proprietor of an approved
        nursing home for revocation of the approval of the nursing home; or

   (b)  a notice in writing given in accordance with section 43 in respect of
        an approved nursing home, the Permanent Head may revoke the approval
        of the nursing home. Review by Minister.
''45. (1) The proprietor of an approved nursing home may, at any time, by
writing signed by him, request the Minister to vary the nature of an approval
under this Division.

''(2) The proprietor of premises in respect of which-

   (a)  an application for approval as an approved nursing home has not been
        granted by the Permanent Head; or

   (b)  approval as an approved nursing home has been revoked by the Permanent
        Head, may, by writing signed by him, request the Minister to review
        the matter.

''(3) Upon receipt of a request under sub-section (1) or (2), the Minister
shall, after such investigation of the matter as he considers necessary,
either confirm the decision of the Permanent Head or grant such approval as he
considers justified in the circumstances of the case.''.