11Applications, assessments and approval decisions—individuals who accessed aged care under old law without first being approved

11 Applications, assessments and approval decisions—individuals who accessed aged care under old law without first being approved

(1) This section applies to an individual if: (a) immediately before the transition time, the individual was provided with aged care before being approved as a recipient of that type of aged care under section 22‑1(2) of the old Act; and (b) before the transition time, a decision had not been made under that subsection to approve the individual, or to reject an application to approve the individual, as a recipient of one or more types of aged care. (2) After the transition time: (a) if the individual had not applied to the Secretary under section 22‑3 of the old Act to be approved as a recipient of one or more types of aged care—the individual must do so and the care needs of the individual may be assessed under section 22‑4 of the old Act; or (b) if the individual had applied to the Secretary under section 22‑3 of the old Act to be approved as a recipient of one or more types of aged care but the care needs of the individual had not been assessed under section 22‑4 of the old Act—that assessment may be carried out. (3) If the individual applies, or had applied, as mentioned in paragraph (2)(a) or (b), a decision must be made under subsection 22‑1(2) of the old Act (in accordance with Division 22 of Part 2.3 of Chapter 2 of the old Act) to approve the individual, or to reject an application to approve the individual, as a recipient of one or more types of aged care. (4) Despite the repeal of the old Act, Division 22 of Part 2.3 of Chapter 2 of the old Act, and any provision necessary for the effectual operation of that Division, continue to apply in relation to the individual and the application, on and after the transition time, as if that repeal had not happened. (5) Despite the repeal of the Approval of Care Recipients Principles, sections 12 and 13 of those Principles, and any provision necessary for the effectual operation of those sections, continue to apply in relation to the individual and the application, on and after the transition time, as if that repeal had not happened. (6) Subsection 58(1) of Schedule 2 to the CTP Act applies in relation to the individual and the application as if the following were inserted after paragraph (a) of that subsection: ‘(aa) a decision of the Secretary made after the transition time under Division 22 of Part 2.3 of Chapter 2 of the old Act in accordance with the transitional rules;’