Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 8.5

Notification of Secretary's determination

             (1)  The Secretary must notify the applicant, in writing, whether or not the applicant is approved as a provider of * aged care. The notice must be given:

                     (a)  within 90 days after receiving the application; or

                     (b)  if the Secretary has requested further information under section 8-4--within 90 days after receiving the information.

             (2)  If the applicant is approved, the notice must include statements setting out the following matters:

                    (aa)  the day the applicant was approved as a provider of * aged care;

                     (a)  the applicant's obligations under Division 9;

                     (b)  the types of aged care in respect of which the approval is given;

                     (c)  the circumstances in which the approval may be restricted under Part 4.4 and the effect of such a restriction (see section 7-2);

                     (d)  that the approval is in respect of 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);

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

                   (db)  if the approval specifies that it will cease to be in force on a particular day--the day on which it will cease to be in force;

                      (f)  the circumstances in which the approval may be suspended or revoked (see section 10-3 and Part 4.4).

             (3)  If the applicant is approved as a provider of * aged care, the Secretary may, by written notice given to the applicant at the time the applicant is notified of the approval under subsection (1), specify any circumstance that the Secretary is satisfied materially affects the applicant's suitability to provide aged care.

             (4)  The notice may specify the steps to be taken by the applicant to notify the Secretary and obtain his or her agreement before there is any change to that circumstance.

             (5)  A notice given to the applicant under subsection (3) is not a legislative instrument.



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