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AGED CARE ACT 1997 - SECT 32.4

Criteria to be considered by Secretary

             (1)  The Secretary must not grant an application unless the following criteria are satisfied:

                     (a)  granting the * extra service status sought would not unreasonably reduce access to residential care by people living in the State, Territory or region concerned who are included in a class of people specified in the Extra Service Principles;

                     (b)  the proposed standard of accommodation, services and food in respect of each * place that would be covered by the extra service status is, in the Secretary's opinion, at the time of the application, significantly higher than the average standard in residential care services that do not have extra service status;

                     (c)  if the applicant has been a provider of aged care--the applicant has a very good record of:

                              (i)  conduct as such a provider; and

                             (ii)  compliance with its responsibilities as such a provider, and meeting its obligations arising from the receipt of any payments from the Commonwealth for providing aged care;

                    (ca)  if the applicant has relevant * key personnel in common with a person who is or has been an approved provider--the person has a very good record of:

                              (i)  conduct as a provider of * aged care; and

                             (ii)  compliance with its responsibilities as such a provider, and meeting its obligations arising from the receipt of any payments from the Commonwealth for providing aged care;

                     (d)  if, at the time of the application, residential care is being provided through the residential care service--the service meets its * accreditation requirement (see section 42-4); and

                     (e)  any other matters specified in the Extra Service Principles.

             (2)  The Extra Service Principles may specify the matters to which the Secretary must have regard in considering, or how the Secretary is to determine:

                     (a)  whether granting * extra service status would unreasonably reduce access as mentioned in paragraph (1)(a); and

                     (b)  whether the proposed standard referred to in paragraph (1)(b) is significantly higher than the average standard referred to in that paragraph; and

                     (c)  whether an applicant has a very good record of conduct, compliance or meeting its obligations, for the purposes of paragraph (1)(c); and

                     (d)  whether a person with whom the applicant has relevant * key personnel in common and who is or has been an approved provider has a very good record of conduct, compliance or meeting its obligations, for the purposes of paragraph (1)(ca).

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

             (4)  For the purposes of paragraphs (1)(ca) and (2)(d), the applicant 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, another person was one of its * key personnel; and

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



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