Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 22.5

Date of effect of approval

             (1)   An approval takes effect on the day on which the Secretary approves the person as a care recipient.

             (2)   However, an approval of a person who is provided with care before being approved as a recipient of that type of * aged care is taken to have had effect from the day on which the care started if:

                     (a)  the application for approval is made within 5 business days (or that period as extended under subsection (3)) after the day on which the care started; and

                     (b)  the Secretary is satisfied, in accordance with the Approval of Care Recipients Principles, that the person urgently needed the care when it started, and that it was not practicable to apply for approval beforehand.

Note:          Decisions about when a person urgently needed care are reviewable under Part 6.1.

             (3)   A person may apply in writing to the Secretary for an extension of the period referred to in subsection (2). The Secretary must, by written notice given to the person:

                     (a)  grant an extension of a duration determined by the Secretary; or

                     (b)  reject the application.

Note:          Determinations of periods and rejections of applications are reviewable under Part 6.1.

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