Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 32.8

Conditions of grant of extra service status

             (1)  * Extra service status is subject to the terms and conditions set out in the notice given to the applicant under subsection 32-9(1).

             (2)  The conditions are taken to include any conditions set out in this Act and any conditions specified in the Extra Service Principles.

             (3)  Without limiting the conditions to which a grant of * extra service status in respect of a residential care service, or * distinct part, may be subject, such a grant is subject to the following conditions:

                     (a)  if the Extra Service Principles specify standards that must be met by a residential care service, or a distinct part of a residential care service, that has extra service status--the service, or distinct part, must meet those standards;

                     (b)  residential care may not be provided other than on an extra service basis through the residential care service, or distinct part, except to a care recipient who was being provided with residential care through the service, or distinct part, immediately before extra service status became effective.

Note:          Paragraph (b) is to protect residents already in a service when it is granted extra service status. See also paragraph 36-1(1)(b), which provides that an * extra service agreement is necessary in order for residential care to be provided on an extra service basis. A person cannot be forced to enter such an agreement, and section 36-4 contains additional protection for existing residents.

             (4)  A notice under subsection (1) must:

                     (a)  specify that the * extra service status granted is in respect of a particular location; and

                     (b)  specify that location.

             (6)  Conditions, other than those under this Act or the Extra Service Principles, may be varied, in accordance with any requirements set out in those Principles, by agreement between the Secretary and the approved provider.

Note:          Approved providers have a responsibility under Part 4.3 to comply with the conditions to which a grant of extra service status is subject. Failure to comply with a responsibility can result in a sanction being imposed under Part 4.4.

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