Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 16.14

Consideration of notices

             (1)  If the Secretary receives a transfer notice, the Secretary must consider whether the Secretary is satisfied of the following:

                     (a)  whether the transfer would meet the objectives of the planning process set out in section 12-2;

                     (b)  the adequacy of the standard of care, accommodation and other services proposed to be provided by the * aged care service in which the places would be included if the transfer were to occur;

                     (c)  the suitability of the transferee to provide the * aged care to which the places to be transferred relate;

                     (d)  the suitability of the premises proposed to be used to provide care through the aged care service in which the places would be included if the transfer were to occur;

                     (e)  if the places were allocated to meet the needs of * people with special needs--whether those needs would be met once the allocation of the places to be transferred took effect;

                      (f)  if the transferee has been a provider of aged care--its satisfactory conduct as such a provider, and its compliance with its responsibilities as such a provider and its obligations arising from the receipt of any payments from the Commonwealth for providing that aged care;

                     (g)  if the transferee has relevant * key personnel in common with a person who is or has been an approved provider--the satisfactory conduct of that person as a provider of aged care, and its compliance with its responsibilities as such a provider and its obligations arising from the receipt of any payments from the Commonwealth for providing that aged care;

                     (h)  the financial viability, if the transfer were to occur, of the transferee and the aged care service in which the places would be included if the transfer were to occur;

                      (i)  the location in respect of which the place is provisionally allocated will not change as a result of the transfer;

                      (j)  any other matters set out in the Allocation Principles.

             (2)  The reference in paragraphs (1)(f) and (g) to aged care includes a reference to any care for the aged, whether provided before or after the commencement of this subsection, in respect of which any payment was or is payable under a law of the Commonwealth.

             (3)  For the purposes of paragraph (1)(g), the transferee has relevant key personnel in common with a person who is or has been an approved provider if:

                     (a)  at the time the person provided * aged care as an approved provider, another person was one of its * key personnel; and

                     (b)  that other person is one of the key personnel of the transferee.



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