117Deemed registration

117  Deemed registration

 (1) The System Governor may determine, in writing, that an entity in a class of entities prescribed by the rules is taken to be registered as a registered provider.

 (2) The determination must specify:

 (a) the name of the entity; and

 (b) the reasons for making the determination; and

 (c) the registration period, being 3 months or such longer period as is specified in the determination; and

 (d) the day on which the registration period starts; and

 (e) each provider registration category in which the entity is taken to be registered under subsection 105(1); and

 (f) if the entity is taken to be registered in the residential care category—each approved residential care home taken to be covered by the entity’s registration; and

 (g) the conditions to which the registration is subject under section 142; and

 (h) any other matter prescribed by the rules.

 (3) The System Governor must not make the determination unless the System Governor is satisfied that:

 (a) any of the following applies:

 (i) a situation of emergency exists that could result in, or has resulted in, another entity being unable to deliver funded aged care services;

 (ii) the determination would ensure that the delivery of certain funded aged care services does not cease, or will resume;

 (iii) the determination would prevent a significant shortfall in the number of funded aged care services delivered in a locality or region; and

 (b) any other requirements prescribed by the rules are met.

 (4) The System Governor must give notice of the determination to the entity and the Commissioner.

 (5) The Commissioner must record or update the details of the entity’s registration on the Provider Register as soon as practicable after receiving the notice.

 (6) A determination under subsection (1) is not a legislative instrument.

Subdivision B—Residential care home approval decisions