6Approval of additional services

6 Approval of additional services

(1) The proprietor of a nursing home to which this Act applies may apply, in accordance with the authorized form, for approval for this Act to apply in relation to specified services provided, or proposed to be provided, for a specified class of persons by the proprietor at the nursing home or other specified premises, or at the nursing home and other specified premises, in association with the provision of nursing home care at the nursing home. (2) Where application is made under subsection (1) and the Minister is satisfied: (a) that the proprietor of the nursing home is able to provide, in association with the provision of nursing home care at the home, adequate services of the kind specified in the application for the class of persons so specified; and (b) that the premises or each of the premises at which the services are being or are to be provided are or will be adequately fitted, furnished and staffed for the purposes of providing those services; the Minister, shall, except as provided in subsection (3) and subject to subsection (3A), approve the application but, if not so satisfied, shall refuse to approve the application and, in either case, shall notify the applicant, in writing, accordingly. (3) Where application is made under subsection (1) for approval for this Act to apply in relation to services that the applicant is providing or proposes to provide for a class of persons at particular premises and the Minister is satisfied that the services of that kind available for that class of persons in the locality in which those premises are situated (being services made available by persons or bodies other than the applicant) together with the services of that kind in relation to which the Minister proposes to approve the application of this Act (being services that are proposed to be made available by persons or bodies other than the applicant) will be adequate to meet the needs of that class of persons, the Minister may refuse to approve the application unless the applicant has, within a period of 12 months, or within such longer period as the Minister allowed, before the making of the application, informed the Minister, in writing, that the applicant proposed to make the application and the Minister had informed the applicant, in writing, that the application would not be refused. (3A) Subject to subsections (3B) and (3C), the Minister shall not, on or after 21 August 1985, approve an application made under subsection (1). (3B) The Minister may, on or after 21 August 1985, approve an application made under subsection (1) if the Minister had, before that date, informed the applicant under subsection (3) that the application would not be refused. (3C) The Minister may, on or after 21 August 1985, approve an application made under subsection (1) by a proprietor of a nursing home in relation to particular services in relation to a particular class of persons in relation to particular premises if there was in force immediately before that day, or there is in force at any time on or after that day, an approval under subsection (2) in relation to a proprietor of the nursing home in relation to those services in relation to that class of persons in relation to those premises. (4) An approval under subsection (2) for this Act to apply in relation to services is subject to the following conditions: (a) a condition that this Act will apply only to the provision of those services for persons included in such class of persons as is determined from time to time by the Minister; and (b) any other conditions determined by the Minister for the purpose of ensuring: (i) that the needs of persons of that class who seek the services are satisfactorily provided for; or (ii) that, to the extent that the principles and objectives formulated by the Minister under section 5 of the Disability Services Act 1986 are applicable to the provision of those services for persons of that class, the services are provided in a manner that furthers those principles and objectives. (5) A class of persons determined in relation to services provided by the proprietor of an approved nursing home shall not be constituted solely by, but may include, the persons who are qualified nursing home patients at the nursing home. (6) Where the Minister approves an application under this section by the proprietor of a nursing home, he or she shall determine the period, which may be a period commencing before the date on which he or she grants the approval but not before the date as from which the agreement entered into between the Commonwealth and that proprietor for the purposes of this Act is to operate, in respect of which the approval shall, subject to this Act, be in force. (7) At the end of 30 June 1992, any approval then in force under this section ceases to be in force.