Aged Care (Consequential and Transitional Provisions) Act 2024 (109 of 2024)

Schedule 2   Application, saving and transitional provisions

Part 3   Transitional provisions for Chapter 3 of the new Act

Division 1   Provider registration

10   Revocations of provider approvals

Pending notices of revocation of approval

(1) A notice given to a person by the Commissioner in accordance with section 63K of the Commission Act for which the Commissioner had not made a decision before the transition time is taken, after that time, to be a notice given to the person in accordance with section 132 of the new Act.

(2) For the purposes of subitem (1), the period within which the person may make submissions in relation to the matter for the purposes of paragraph 132(2)(b) of the new Act is taken to be the period within which the person was permitted to make submissions in relation to the matter in accordance with paragraph 63K(2)(b) of the Commission Act.

Pending requests for revocation of approval

(3) A request given to the Commissioner in accordance with section 63H of the Commission Act for which the Commissioner had not made a decision before the transition time is taken, after that time, to be a request given to the Commissioner in accordance with subsection 131(3) of the new Act.

Pending revocations of approval on request by provider

(4) If, before the transition time, the Commissioner has revoked the approval of an entity as an approved provider under subsection 63H(3) of the Commission Act but that revocation had not taken effect before the transition time, the Commissioner is taken to have decided to revoke the approval of the entity as a registered provider under subsection 131(3) of the new Act.

(5) For the purposes of subitem (4), if, before the transition time, a notice of the decision had been given under subsection 63H(4) of the Commission Act, the notice is taken to be a notice given under subsection 135(1) of the new Act which includes the same revocation day.

Pending revocations of approval on initiative of Commissioner

(6) If, before the transition time, the Commissioner had revoked the approval of an entity as an approved provider under subsection 63J(1) or (2) of the Commission Act but that revocation had not taken effect before the transition time, the Commissioner is taken to have revoked the approval of the entity as a registered provider under subsection 131(1) of the new Act.

(7) For the purposes of subitem (6), if, before the transition time, a notice of the decision had been given under subsection 63L(2) of the Commission Act, the notice is taken to be a notice given under subsection 134(4) of the new Act which includes the same revocation day.

Notices about revocation sanctions

(8) If:

(a) an entity is, because of subitem 5(1) of this Schedule, taken to be a registered provider under paragraph 105(1)(a) of the new Act; and

(b) a non-compliance notice (within the meaning of the Commission Act) notifying the entity that the Commissioner is considering imposing a sanction revoking the approval of the entity as an approved provider (whether or not the notice also notifies the entity of other kinds of sanctions the Commissioner is considering imposing) was given to the entity before the transition time; and

(c) the period for making submissions in relation to the notice had not expired before the transition time;

the notice is taken, after the transition time, to be a notice given to the entity under subsection 132(1) of the new Act.

(9) For the purposes of subitem (8), the period within which the entity may make submissions in relation to the matter for the purposes of paragraph 132(2)(b) of the new Act is taken to be the period within which the entity was permitted to make submissions in relation to the matter in accordance with paragraph 63S(3)(e) of the Commission Act.

Revocation sanctions that have not come into effect

(10) If:

(a) an entity is, because of subitem 5(1) of this Schedule, taken to be a registered provider under paragraph 105(1)(a) of the new Act; and

(b) a sanction revoking the approval of the entity as an approved provider was imposed on the entity under section 63N of the Commission Act before the transition time; and

(c) the day specified for the purposes of paragraph 63N(5)(f) of the Commission Act in relation to the sanction is the day of the transition time or a later day;

the notice is taken, after the transition time, to be a notice of revocation given to the entity in accordance with section 134 of the new Act that specifies as the revocation day the day that was specified for the purposes of paragraph 63N(5)(f) of the Commission Act.