Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 43.8

Non-compliance deductions

             (1)  Subject to subsection (2), non-compliance deductions apply in respect of a residential care service if conditions specified in the Subsidy Principles, to which the allocation of the * places included in the service are subject under section 14-5 or 14-6, have not been met.

             (2)  The Subsidy Principles may specify circumstances in which non-compliance deductions do not apply even if the conditions referred to in subsection (1) have not been met.

             (3)  The Secretary must notify the approved provider conducting a residential care service if, in respect of a * payment period, non-compliance deductions apply in respect of the residential care service. The notice must be in writing and must set out why non-compliance deductions apply.

          (3A)  A notice given under subsection (3) is not a legislative instrument.

             (4)  The amount of a non-compliance deduction is the amount worked out in accordance with the Subsidy Principles.

Note:          Non-compliance deductions do not affect the maximum fees payable by residents (see Division 58).

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