Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 8.1

Approval as a provider of aged care

             (1)  The Secretary must, in writing, approve a person as a provider of * aged care if:

                     (a)  the person (the applicant ) makes an application under section 8-2; and

                     (b)  the Secretary is satisfied that the applicant is a * corporation; and

                     (c)  the Secretary is satisfied that the applicant is suitable to provide aged care (see section 8-3); and

                     (d)  the Secretary is satisfied that none of the applicant's * key personnel is a * disqualified individual.

Note 1:       Under Part 4.4, the Secretary may restrict a person's approval as a provider of * aged care to certain * aged care services, or to certain care recipients.

Note 2:       Rejections of applications are reviewable under Part 6.1.

             (2)  The approval is in respect of:

                     (a)  either:

                              (i)  all types of * aged care; or

                             (ii)  if the approval is specified to be in respect of one or more types of aged care--that type or those types of aged care; and

                     (b)  each residential care service or flexible care service in respect of which:

                              (i)  an allocation of a * place to the person in respect of the service is in effect (whether because the place was originally allocated to the person or because of a transfer); or

                             (ii)  a * provisional allocation of a place to the person in respect of the service is in force (whether because the place was originally allocated to the person but the allocation has not yet taken effect or because of a transfer); and

                     (c)  if the approval is in respect of home care--each home care service in relation to which the person notifies the Secretary of the information required by section 9-1A.

             (3)  The approval begins to be in force on the day stated, in accordance with paragraph 8-5(2)(aa), in the notice given to the person under subsection 8-5(1).

             (5)  The approval is not subject to any limitation relating to when it ceases to be in force, unless the instrument of approval specifies otherwise.



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