120Deemed approval

120  Deemed approval

 (1) The System Governor may determine, in writing, that a residential care home is taken to be approved in relation to a registered provider.

 (2) The determination must specify:

 (a) the name of the registered provider; and

 (b) the name and address of the residential care home; and

 (c) the total number of beds to be covered by the approval; and

 (d) the reasons for making the determination; and

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

 (f) the day on which the approval period starts; and

 (g) any other matter prescribed by the rules.

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

 (a) both of the following apply:

 (i) the home meets the definition of a residential care home in section 10;

 (ii) the provider and the home meet any other requirements prescribed by the rules; and

 (b) either of the following applies:

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

 (ii) the provider is taken to be registered in the residential care category under section 117 and the approval is necessary for the provider to deliver a service type that is in that category; and

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

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

 (5) The Commissioner must update the details of the registered provider’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 C—Refusal decisions