103Pending applications for exemptions from section 54‑1A of the old Act under the old law

103 Pending applications for exemptions from section 54‑1A of the old Act under the old law

(1) This section applies if, before the transition time: (a) an entity was an approved provider; and (b) the entity made an application for an exemption from section 54‑1A of the old Act under section 15Q of the Quality of Care Principles in relation to a residential facility at which the entity provided residential care; and (c) the Secretary had not made a decision whether to grant the exemption or to refuse the exemption under section 15S of the Quality of Care Principles; and (d) at the transition time: (i) the entity is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and (ii) because of subitem 5(7) of Schedule 2 to the CTP Act, the place that is the residential facility is taken to be an approved residential care home in relation to the entity. (2) At the transition time, the entity is taken to have made an application under section 175‑15 of the new rules for an exemption from subsection 175(1) of the new Act in relation to the approved residential care home.