Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 42.3

Working out periods of leave

             (1)  In working out the days on which a care recipient is on * leave under section 42-2:

                     (a)  include the day on which the period commenced; and

                     (b)  do not include the day on which the approved provider recommenced, or commenced, providing residential care to the care recipient.

Note:          Absences that do not include an overnight absence from a residential care service are not counted as * leave because of paragraph (b).

             (2)  Subject to subsection (3), a care recipient cannot be on * leave under section 42-2 from a residential care service before he or she * enters the service.

             (3)  A care recipient may be on leave (the pre-entry leave ) under section 42-2 on the days during the period starting on the later of:

                     (a)  the day on which he or she was notified that there was a vacancy in the residential care service in question; or

                    (aa)  the day on which he or she accepted a place in the residential care service; or

                     (b)  the day that is 7 days, or such other period as is specified in the Subsidy Principles, before the day on which the person * enters the residential care service;

and ending at the end of the day before the day the person enters the residential care service.



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