36Approvals for admission to a nursing home

#### 36 Approvals for admission to a nursing home (1) A person is taken, for the purposes of the new Act, to be approved under Part 2.3 of the new Act as a recipient of \*residential care if, immediately before the commencement day, an approval was in force under subsection 40AA(8) or section 40AB of the 1953 Act in respect of the person. (2) For the purposes of the new Act, if, under subsection (1), a person is taken to be so approved: (a) the approval lapses if the person is not, or has not been, provided with \*residential care within the period specified in the instrument of approval relating to the person’s approval under subsection 40AA(8) or section 40AB of the 1953 Act; and (b) the reference in paragraph 23-1(b) of the new Act to section 23-3 of the new Act is taken, in relation to the person, to be a reference to paragraph (a) of this subsection; and (c) section 23-3 of the new Act does not apply in relation to the person. (3) The Approval of Care Recipient Principles made for the purposes of Part 2.3 of the new Act may specify a \*classification level that applies to each approval referred to in subsection (1). > Note: The approval of Care Recipients are made by the Minister under section 96-1 of the new Act. (4) If those Principles specify a \*classification level, each of the approvals is taken to be limited, under subsection 22-2(3) of the new Act, to a level of care corresponding to that classification level. (5) If the approval in force under subsection 40AA(8) or section 40AB of the 1953 Act in respect of the person contained a limitation that the Secretary could have imposed under subsection 22-2(1) of the new Act, the approval is taken, for the purposes of the new Act, to be so limited.