247Power to enter into agreements for delivery of funded aged care services under specialist aged care programs

247  Power to enter into agreements for delivery of funded aged care services under specialist aged care programs

 (1) The System Governor may, on behalf of the Commonwealth, enter into a written agreement with:

 (a) for the Multi‑Purpose Service Program—an entity for the entity (once registered as a registered provider) to deliver funded aged care services to individuals through one or more specified service groups under the program; or

 (b) for the Transition Care Program—a State or Territory to cover the arrangement in the State or Territory for the delivery of funded aged care services to individuals through one or more specified service groups under the program.

 (1A) To avoid doubt, paragraph (1)(a) does not prevent there being one or more other parties to the agreement.

 (2) The agreement is to be entered into by the System Governor on behalf of the Commonwealth.

 (3) The System Governor must not enter an agreement under subsection (1)(a) unless circumstances prescribed by the rules apply.

 (4) An agreement under subsection (1):

 (a) may include terms and conditions relating to the registered provider’s or State or Territory’s involvement in the specialist aged care program; and

 (b) must meet any other requirements prescribed by the rules.

 (5) To avoid doubt, if a term or condition included in a written agreement under subsection (1) is inconsistent with a provision of this Act, the provision prevails and the term or condition, to the extent of the inconsistency, is of no effect.