Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 54.1A

  (1)   This section applies to an approved provider if:

  (a)   the provider provides:

  (i)   residential care to care recipients in a residential facility; or

  (ii)   flexible care of a kind specified in the Quality of Care Principles to care recipients in a residential facility; and

  (b)   an exemption from this section has not been granted, in accordance with the Quality of Care Principles, to the provider in relation to the residential facility.

  (2)   The provider must, on and after 1   July 2023, ensure at least one registered nurse (within the meaning of the Health Insurance Act 1973 ) is on site, and on duty, at all times at the residential facility.

  (3)   The Quality of Care Principles may make provision for, or in relation to, the granting of an exemption from this section to an approved provider in relation to a residential facility.

  (4)   Without limiting subsection   (3), the Quality of Care Principles made for the purposes of that subsection must:

  (a)   provide for the circumstances in which an exemption from this section may be granted (on application or otherwise) to an approved provider in relation to a residential facility, including that:

  (i)   such an exemption may be granted by the Secretary; and

  (ii)   before granting such an exemption, the Secretary must be satisfied that the provider has taken reasonable steps to ensure that the clinical care needs of the care recipients in the facility will be met during the period for which the exemption is in force; and

  (b)   provide that such an exemption that is granted to an approved provider in relation to a residential facility must not be in force for more than 12 months; and

  (c)   provide that more than one such exemption may be granted to an approved provider in relation to a residential facility; and

  (d)   provide for the conditions that may apply to such an exemption that is granted to an approved provider in relation to a residential facility.

  (5)   If an exemption from this section is granted to an approved provider in relation to a residential facility, the Secretary must make publicly available information about the exemption, including:

  (a)   the name of the provider and the facility; and

  (b)   the period for which the exemption is in force; and

  (c)   any conditions that apply to the exemption; and

  (d)   any other information of a kind specified in the Quality of Care Principles.