Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 48.12

Revoking determinations of financial hardship

             (1)  The Secretary may, in accordance with the Subsidy Principles, revoke a determination under section 48-11.

Note:          Revocations of determinations are reviewable under Part 6.1.

             (2)   Before deciding to revoke the determination, the Secretary must notify the care recipient and the approved provider concerned that revocation is being considered.

             (3)  The notice must be in writing and must:

                     (a)  invite the care recipient and the approved provider to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and

                     (b)  inform them that if no submissions are made within that period, the revocation takes effect on the day after the last day for making submissions.

             (4)   In making the decision whether to revoke the determination, the Secretary must consider any submissions received within the period for making submissions. The Secretary must make the decision within 28 days after the end of that period.

             (5)  The Secretary must notify, in writing, the care recipient and the approved provider of the decision.

             (6)  The notice must be given to the care recipient and the approved provider within 28 days after the end of the period for making submissions.

             (7)  If the notice is not given within that period, the Secretary is taken to have decided not to revoke the determination.

             (8)   A revocation has effect:

                     (a)  if the care recipient and the approved provider received notice under subsection (5) on the same day--the day after that day; or

                     (b)  if they received the notice on different days--the day after the later of those days.



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