Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 16.3

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)  if the places were allocated to meet the needs of * people with special needs--whether those needs would continue to be met after the transfer;

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

                     (d)  if, after the transfer, the * places would relate to a different * aged care service:

                              (i)  the financial viability, if the transfer were to occur, of the aged care service in which the places are currently included; and

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

                            (iii)  the suitability of the premises being used, or proposed to be used, to provide care through that aged care service; and

                            (iv)  the adequacy of the standard of care, accommodation and other services provided, or proposed to be provided, by that aged care service; and

                             (v)  whether the proposals set out in the notice, for ensuring that care needs are appropriately met for care recipients who are being provided with care in respect of those places, are satisfactory;

                     (e)  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;

                      (f)  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;

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

             (2)  The reference in paragraphs (1)(e) and (f) 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)(f), 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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