Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 42.5

Determinations allowing for exceptional circumstances

             (1)  The Secretary may determine, in accordance with the Subsidy Principles, that a residential care service is taken, for the purposes of this Division, to meet its * accreditation requirement. However, the Secretary must first be satisfied that exceptional circumstances apply to the service.

Note:          Refusals to make determinations are reviewable under Part 6.1.

             (3)  The Secretary must not make a determination if:

                     (a)  there is an immediate or severe risk to the safety or well-being of care recipients to whom residential care is being provided through the residential care service; or

                     (b)  the approved provider has not applied for accreditation of the service; or

                     (c)  a determination under this section has previously been made in relation to the service and the service has not subsequently met its * accreditation requirement as set out in section 42-4; or

                     (d)  any circumstances specified in the Subsidy Principles for the purposes of this paragraph apply.

             (4)  A determination ceases to be in force on the earlier of:

                     (a)  the end of 6 months, or such shorter period as is specified in the determination, after the determination is made; or

                     (b)  the occurrence of a specified event, if the determination so provides.

Note:          Determinations specifying periods or events are reviewable under Part 6.1.

          (4A)  A determination made under subsection (1) is not a legislative instrument.

             (5)  If the Secretary needs further information to determine the application, the Secretary may give to the applicant a notice requesting the applicant to give the further information within 28 days after receiving the notice.

             (6)  The application is taken to be withdrawn if the applicant does not give the further information within 28 days.

Note:          The period for giving the further information can be extended--see section 96-7.

             (7)  The notice must contain a statement setting out the effect of subsection (6).

             (8)  The Secretary must notify the approved provider, in writing, of the Secretary's decision on whether to make the determination. If the Secretary makes the determination, the notice must inform the approved provider of:

                     (a)  the period at the end of which; and

                     (b)  any event on the occurrence of which;

the determination will cease to be in force.

             (9)  A notice under subsection (8) must be given to the approved provider:

                     (a)  within 28 days after receiving the application; or

                     (b)  if the Secretary has requested further information under subsection (5)--within 28 days after receiving the information.

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