14‑2 Competitive assessment of applicati14‑2 Competitive assessment of applications for allocations

#### 14‑2 Competitive assessment of applications for allocations In deciding which allocation of \*places would best meet the needs of the aged care community in the \*region, the Secretary must consider, in relation to each application, the matters set out in the Allocation Principles. 11 At the end of subsection 14‑5(1) Add: > Note: Approved providers have a responsibility under Part 4.3 to comply with the conditions to which the allocation is subject. Failure to comply with a responsibility can result in a sanction being imposed under Part 4.4. 12 Subsection 14‑5(4) Repeal the subsection. 13 Subsection 15‑7(7) Repeal the subsection. 14 Subsection 16‑9(2) Repeal the subsection. 15 Paragraph 16‑11(c) Omit “\*community”, substitute “\*home”. 16 Subsection 17‑2(3) Repeal the subsection. 17 At the end of subsection 18‑2(2) Add: ; (f) the approved provider’s proposals for ensuring that the provider meets the provider’s responsibilities for any: (i) \*accommodation bond balance; or (ii) \*entry contribution balance; held by the provider in respect of the places to be relinquished. 18 Paragraph 18‑5(1)(b) Omit “community” (wherever occurring), substitute “home”. 19 Section 19‑1 Omit “community”, substitute “home”. 20 Section 19‑1 Omit “\*community”, substitute “\*home”. 21 Subsection 20‑1(2) Omit “community” (wherever occurring), substitute “home”. 22 Subsection 20‑1(4) Omit “community” (wherever occurring), substitute “home”. 23 Paragraph 21‑1(b) Omit “community”, substitute “home”. 24 Section 21‑3 (heading) Omit “community”, substitute “home”. 25 Section 21‑3 Omit “community”, substitute “home”. 26 Paragraph 21‑3(c) Omit “community”, substitute “home”. 27 Paragraph 22‑1(1)(b) Omit “community”, substitute “home”. 28 Subsection 22‑2(3) Repeal the subsection, substitute: (3) The Secretary may limit the approval to one or more levels of care. > Note: Limitations of approvals to one or more levels of care are reviewable under Part 6.1. 29 Paragraph 22‑4(2)(b) Repeal the paragraph, substitute: (b) the person’s eligibility to receive a specified level or levels of care. 30 Paragraph 22‑6(2)(c) Repeal the paragraph, substitute: (c) whether the approval is limited to a level or levels of care (see subsection 22‑2(3)); 31 Section 23‑1 Omit “community”, substitute “home”. 32 Paragraph 23‑3(2)(c) Omit “community”, substitute “home”. 33 Section 24‑1 (note) Omit “community”, substitute “home”. 34 Subsection 25‑2(5) Repeal the subsection. 35 Subsection 25‑4(1) After “27‑4”, insert “at one or more \*aged care services operated by the approved provider”. 36 Paragraph 25‑4(1)(a) Omit “a substantial number of appraisals or reappraisals connected with classifications”, substitute “an appraisal or reappraisal connected with a classification”. 37 Paragraph 25‑4(1)(b) Omit “classifications made in connection with those appraisals or reappraisals were”, substitute “classification was”. 38 Paragraph 25‑4(1)(c) Repeal the paragraph, substitute: (c) the Secretary is satisfied that, after the classification was changed, the approved provider gave false, misleading or inaccurate information in another appraisal or reappraisal. 39 Subsection 25‑4(2) Repeal the subsection. 40 Paragraph 27‑3(1)(a) Omit “a substantial number of appraisals or reappraisals connected with classifications”, substitute “an appraisal or reappraisal connected with a classification”. 41 Paragraph 27‑3(1)(b) Omit “classifications made in connection with those appraisals or reappraisals were”, substitute “classification was”. 42 Paragraph 27‑3(1)(c) Repeal the paragraph, substitute: (c) the Secretary is satisfied that, after the classification was changed, the approved provider gave false, misleading or inaccurate information in another appraisal or reappraisal; 43 Subsection 27‑3(2) Repeal the subsection. 44 Subsection 32‑7(2) Omit “in the Gazette”, substitute “on the Department’s website”. 45 Subsection 32‑8(5) Repeal the subsection. 46 Section 39‑2 Before “The”, insert “(1)”. 47 At the end of section 39‑2 Add: (2) Subsection (1) does not apply in relation to a temporary change in location if the Secretary is satisfied that exceptional circumstances exist. 48 Subsections 39‑3(1) and (2) Repeal the subsections, substitute: (1) If: (a) the Secretary is satisfied that an approved provider’s residential care service has ceased to be suitable for \*certification; or (b) the Secretary is satisfied that the approved provider’s application for certification of the service contained information that was false or misleading in a material particular; the Secretary must notify the approved provider that the Secretary is considering revoking the certification. > Note: Certification may also be revoked as a sanction under Part 4.4. (2) The notice must be in writing and must: (a) include the Secretary’s reasons for considering the revocation; and (b) invite the approved provider to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and (c) inform the approved provider that if no submission is made within that period, any revocation will take effect on the day after the last day for making submissions. 49 After subsection 39‑3(3) Insert: (3A) Unless the Secretary decides to take action under section 39‑3A or 39‑3B, the Secretary must revoke the \*certification if the Secretary remains satisfied that: (a) the residential care service has ceased to be suitable for certification; or (b) the approved provider’s application for certification of the service contained information that was false or misleading in a material particular. > Note: Revocations of certifications are reviewable under Part 6.1. 50 After section 39‑3 Insert: