77Start notifications—classification type ongoing

77 Start notifications—classification type ongoing

(1) This section applies if: (a) an 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 (b) the entity gives a notice (the original notice) under subsection 63‑1B(2) of the old Act in relation to a care recipient and a residential care service (whether that notice is given before the transition time, or after the transition time in accordance with section 73 of this instrument); and (c) if the original notice was given before the transition time, the care recipient had not, as at the transition time, ceased to be provided with residential care through the residential care service. (2) The original notice is taken to be a start notification about an individual given to the System Governor and the Commissioner in accordance with Subdivision B of Division 4 of Part 4 of Chapter 4 of the new rules. (3) The start notification is taken: (a) to be given: (i) for an original notice given before the transition time—on the day of the transition time; or (ii) for an original notice given after the transition time—on the day the original notice is given; and (b) to specify the day of the transition time as the start day for the individual for the classification type ongoing for the service group residential care; and (c) to specify the residential care service as the approved residential care home in which funded aged care services will be delivered to the individual.

Note: Because of subitem 5(7) of Schedule 2 to the CTP Act, each place through which an entity provided a residential care service as at immediately before the transition time is taken to be, or be part of, an approved residential care home in relation to the entity for the purposes of the new Act.