96Application for administration decision

96 Application for administration decision

96 Application for administration decision

(1) This section applies if—

(a) the person has made a final request, and

(b) the person or the person’s agent advises the relevant entity that the person wishes to make an application for an administration decision, and

(c) the entity does not provide, to persons to whom relevant services are provided at the residential facility, access to a person’s coordinating practitioner to enable the application to be made.

(2) If the person is a permanent resident at the residential facility—

(a) the relevant entity and any other entity that owns or occupies the facility must allow reasonable access to the person at the facility by the person’s coordinating practitioner for the practitioner to consult with and assess the person in relation to the application, and

(b) if the coordinating practitioner is not available to attend—the relevant entity must take reasonable steps to facilitate the transfer of the person to and from a place where consultation and assessment of the person can occur in relation to the application in consultation with, and on the advice of—

(i) the coordinating practitioner, or

(ii) another medical practitioner who is eligible and willing to act as the person’s coordinating practitioner.

(3) If the person is not a permanent resident at the residential facility—

(a) the relevant entity must take reasonable steps to facilitate the transfer of the person to and from the place where the person’s coordinating practitioner can consult with and assess the person in relation to the application, or

(b) if, in the deciding practitioner’s opinion, transfer of the person as described in paragraph (a) would not be reasonable in the circumstances—the relevant entity and any other entity that owns or occupies the residential facility must allow reasonable access to the person at the facility by the person’s coordinating practitioner to consult with and assess the person in relation to the application.

(4) In making a decision for subsection (3)(b), the deciding practitioner must have regard to the following—