QLDIn ForceAct
Hospital and Health Boards Act 2011
sec.138JTemporary exemptions
Start here
Get a plain-English read of sec.138J
Turn the raw legal text into a practical explanation grounded in Hospital and Health Boards Act 2011.
### sec.138J Temporary exemptions
The Minister may, by written notice given to a Service and published on the department’s website, grant a temporary exemption from compliance with a State aged care facility regulation.
A temporary exemption may—
exempt a Service from compliance with all or part of a State aged care facility regulation; or
vary the application of a State aged care facility regulation to a Service so it imposes a lesser requirement.
A temporary exemption may be granted on conditions.
A temporary exemption has effect for the period, of not more than 3 months, stated in the Minister’s notice.
The Minister may, under subsection (1) , extend a temporary exemption for a further period of not more than 3 months.
However, the Minister may not extend a temporary exemption, or grant a further temporary exemption to a Service, if as a result the Service would be the subject of a temporary exemption for a continuous period of more than 6 months.
s 138J ins 2019 No. 38 s 69
(sec.138J-ssec.1) The Minister may, by written notice given to a Service and published on the department’s website, grant a temporary exemption from compliance with a State aged care facility regulation.
(sec.138J-ssec.2) A temporary exemption may— exempt a Service from compliance with all or part of a State aged care facility regulation; or vary the application of a State aged care facility regulation to a Service so it imposes a lesser requirement.
(sec.138J-ssec.3) A temporary exemption may be granted on conditions.
(sec.138J-ssec.4) A temporary exemption has effect for the period, of not more than 3 months, stated in the Minister’s notice.
(sec.138J-ssec.5) The Minister may, under subsection (1) , extend a temporary exemption for a further period of not more than 3 months.
(sec.138J-ssec.6) However, the Minister may not extend a temporary exemption, or grant a further temporary exemption to a Service, if as a result the Service would be the subject of a temporary exemption for a continuous period of more than 6 months.
- (a) exempt a Service from compliance with all or part of a State aged care facility regulation; or
- (b) vary the application of a State aged care facility regulation to a Service so it imposes a lesser requirement.