Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 23.4

  (1)   The Secretary may revoke a person's approval if, after ensuring that the person's care needs have been assessed, the Secretary is satisfied that the person has ceased to be eligible to receive a type of * aged care in respect of which he or she is approved.

Note 1:   Revocations of approval are reviewable under Part   6.1.

Note 2:   For eligibility to receive types of * aged care, see Division   21.

  (2)   In deciding whether to revoke the person's approval, the Secretary must consider the availability of such alternative care arrangements as the person may need if the care currently being provided to the person ceases.

  (3)   Before deciding to revoke the approval, the Secretary must notify the person, and the approved provider (if any) providing care to the person, that revocation is being considered. The notice must be in writing and must:

  (a)   include the Secretary's reasons for considering the revocation; and

  (b)   invite the person and the approved provider (if any) to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and

  (c)   inform them that if no submissions are made within that period, any revocation will take effect on the day after the last day for making submissions.

  (4)   In deciding whether to revoke the approval, the Secretary must consider any submissions given to the Secretary within that period.

  (5)   The Secretary must notify, in writing, the person and the approved provider (if any) of the decision.

  (6)   The notice must be given to the person and the approved provider (if any) within 28 days after the end of the period for making submissions. If the notice is not given within this period, the Secretary is taken to have decided not to revoke the approval.

  (7)   A revocation has effect:

  (a)   if no submission was made under subsection   (3)--on the day after the last day for making submissions; or

  (b)   if such a submission was made, and the person and the approved provider (if any) received notice under subsection   (5) on the same day--the day after that day; or

  (c)   if such a submission was made, and they received the notice on different days--the day after the later of those days.