(1) This section applies if, after receiving submissions in accordance with the invitation under paragraph 39‑3(2)(b), the Secretary is not satisfied as mentioned in paragraph 39‑3A(1)(c).
(2) The Secretary may, in writing, request further information from the approved provider in relation to the submissions.
(3) The request must be made within 28 days after the end of the period for making submissions in accordance with the invitation under paragraph 39‑3(2)(b).
(4) The further information must be provided within the time specified in the request.
(5) If, after receiving the further information, the Secretary is satisfied as mentioned in paragraph 39‑3A(1)(c), then:
(a) the Secretary must give a notice to the approved provider in accordance with subsection 39‑3A(3); and
(b) subsections 39‑3A(4) and (5) have effect.
(6) If:
(a) the approved provider does not provide the further information within the specified time; or
(b) after receiving the further information, the Secretary is not satisfied as mentioned in paragraph 39‑3A(1)(c);
the Secretary must:
(c) revoke the *certification of the approved provider’s residential care service; and
(d) give the approved provider written notice of the revocation.
(7) The notice must be given within 28 days after the end of the period for providing the further information.
51 Section 40‑1
Omit “*community”, substitute “*home”.
52 Subsection 42‑5(2)
Repeal the subsection.
53 At the end of section 44‑27 (before the note)
Add:
; (e) any other supplement set out in the Residential Care Subsidy Principles for the purposes of this paragraph.
54 Part 3.2 (heading)
Omit “Community”, substitute “Home”.
55 Section 45‑1
Omit “*community”, substitute “*home”.
56 Section 45‑1
Omit “community”, substitute “home”.
57 Section 45‑2 (heading)
Omit “Community”, substitute “Home”.
58 Section 45‑2
Omit “*Community”, substitute “*Home”.
59 Section 45‑2
Omit “Community Care”, substitute “Home Care”.
60 Section 45‑2 (note)
Omit “Community”, substitute “Home”.
61 Section 45‑3 (heading)
Omit “community”, substitute “home”.
62 Subsection 45‑3(1)
Omit “Community”, substitute “Home”.
63 Subsection 45‑3(2)
Omit “Community”, substitute “Home”.
64 Paragraphs 45‑3(2)(a) and (b)
Omit “community”, substitute “home”.
65 Division 46 (heading)
Omit “community”, substitute “home”.
66 Section 46‑1 (heading)
Omit “community”, substitute “home”.
67 Subsection 46‑1(1)
Omit “*community care subsidy”, substitute “*home care subsidy”.
(b) the approved provider:
(i) provides flexible care to a care recipient who is approved under Part 2.3 in respect of flexible care; or
(ii) provides flexible care to a care recipient who is included in a class of people who, under the Flexible Care Subsidy Principles, do not need approval under Part 2.3 in respect of flexible care; or
(iii) is taken to provide flexible care in the circumstances set out in the Flexible Care Subsidy Principles; and
Omit “administer an aged care service in respect of which the approved provider has not complied with its responsibilities”, substitute “assist the approved provider to comply with its responsibilities in relation to governance and business operations”.
144 Paragraph 66A‑1(2)(a)
Repeal the paragraph, substitute:
(a) the Secretary is satisfied that:
(i) the person has the skills and experience required to assist an approved provider to comply with its responsibilities under Parts 4.1, 4.2 and 4.3; and
(ii) if the person is an individual—the person is not a \*disqualified individual; and
(iii) if the person is a body corporate—no individuals who are responsible for the executive decisions of the body corporate are disqualified individuals; and
145 Subsection 66A‑1(2A)
Repeal the subsection.
146 Subsection 66A‑1(5)
Repeal the subsection, substitute:
(5) A person may resign an appointment by giving the Secretary a written resignation:
(a) signed by him or her; or
(b) if the person is a body corporate—signed by an officer of the body corporate.
147 Paragraph 66A‑2(1)(b)
Omit “revoked; and”, substitute “revoked.”.
148 Paragraph 66A‑2(1)(c)
Repeal the paragraph.
149 Paragraph 66A‑3(1)(b)
Omit “revoked; and”, substitute “revoked.”.
150 Paragraph 66A‑3(1)(c)
Repeal the paragraph.
151 Subsection 66A‑4(2)
After “under section”, insert “66A‑2 or”.
152 Subsection 66A‑4(2)
Omit “administer the service”, substitute “assist the approved provider to comply with its responsibilities”.
153 Subsections 66A‑4(3) and (4)
Repeal the subsections.
154 Section 66A‑5
Repeal the section.
155 Section 69‑1
Omit “, with assessments or approvals related to *aged care or”, substitute “and”.
(2) The allocation must meet the criteria for allocations specified in the Residential Care Grant Principles.
160 Sections 72‑2 and 72‑3
Repeal the sections.
161 Subsection 73‑1(2)
Repeal the subsection, substitute:
(2) The grant is subject to:
(a) such conditions (if any) as the Secretary determines in writing; and
(b) such other conditions (if any) as are set out in the Residential Care Grant Principles.
162 Section 73‑2
Repeal the section.
163 Subsection 73‑5(4)
Repeal the subsection (including the note), substitute:
(4) If the Secretary needs further information to determine the application, the Secretary may give to the approved provider a notice requesting the approved provider to give the further information within 28 days after receiving the notice, or within such shorter period as is specified in the notice.
(5) The Secretary must make a variation or reject the application:
(a) within 28 days after receiving the application; or
(b) if the Secretary has requested further information under subsection (4)—within 28 days after receiving the information.
Note: Variations of allocations and rejections of applications are reviewable under Part 6.1.
(6) The Secretary must notify the approved provider in writing of the Secretary’s decision.
164 Subsection 74‑1(3)
Repeal the subsection.
165 Parts 5.2, 5.2A and 5.3
Repeal the Parts.
166 Subsection 80‑1(2)
Repeal the subsection.
167 Subsection 81‑3(1)
Omit “(1)”.
168 Subsection 81‑3(2)
Repeal the subsection.
169 Subsection 81‑4(1)
Omit “(1)”.
170 Subsection 81‑4(2)
Repeal the subsection.
171 Paragraph 82‑1(1)(a)
After “residential care”, insert “or home care”.
172 Subsection 82‑3(1)
Omit “(1)”.
173 Subsection 82‑3(2)
Repeal the subsection.
174 Subsection 82‑4(1)
Omit “(1)”.
175 Subsection 82‑4(2)
Repeal the subsection.
176 Section 85‑1 (table item 21)
Omit “a *low level of residential care”, substitute “one or more levels of care”.
177 Section 85‑1 (table item 35)
Omit “39‑3(1)”, substitute “39‑3(3A)”.
178 Section 85‑1 (table items 49A and 49B)
Omit “community”, substitute “home”.
179 Section 85‑1 (table items 57 and 58)
Omit “73‑5(4)”, substitute “73‑5(5)”.
180 Section 85‑1 (table items 59 to 64)
Repeal the items, substitute:
59
A decision under Principles made under section 96‑1 that is specified in the Principles concerned to be a decision reviewable under this section
the provision specified in the Principles as the provision under which the decision is made
180A Subsection 85‑6(1)
Omit “1239 of the Social Security Act 1991”, substitute “126 of the Social Security (Administration) Act 1999”.
180B Paragraph 85‑7(1)(a)
Omit “1240 of the Social Security Act 1991”, substitute “129 of the Social Security (Administration) Act 1999”.
180C Paragraph 85‑7(1)(b)
Omit “1243 of the Social Security Act 1991”, substitute “135 of the Social Security (Administration) Act 1999”.
180D Subsection 85‑7(2)
Omit “1240 of the Social Security Act 1991”, substitute “129 of the Social Security (Administration) Act 1999”.
181 Subsection 88‑2(2)
Repeal the subsection.
181A At the end of section 95A‑1
Add:
(3) If the *Aged Care Commissioner requests the Secretary to give the Commissioner information that the Commissioner requires for the purposes of the Commissioner’s functions, the Secretary must, if the information is available to the Secretary, give the information to the Commissioner.
(4) If, on and after 1 January 2014, the *Aged Care Commissioner requests the CEO of the Quality Agency to give the Commissioner information that the Commissioner requires for the purposes of the Commissioner’s functions, the CEO must, if the information is available to the CEO, give the information to the Commissioner.
181B After section 95A‑11
Insert:
Section 39‑3B Secretary may request further info - Aged Care (Living Longer Living Better) Act 2013 - 39‑3B Secretary may request further information | Zoe