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

6   Deemed registered providers

(1) The System Governor may determine, in writing, that an entity is taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act.

(2) The determination must specify:

(a) the name of the entity; and

(b) the reasons for making the determination; and

(c) the registration period, being 3 months or such longer period as is specified in the determination; and

(d) the day on which the registration period starts; and

(e) each provider registration category in which the entity is taken to be registered under paragraph 105(1)(a) of the new Act; and

(f) if the entity is taken to be registered in the residential care category - each approved residential care home taken to be covered by the entity's registration; and

(g) the conditions to which the registration is subject under section 142 of the new Act; and

(h) any other matter prescribed by the transitional rules.

(3) The System Governor must not make a determination under subitem (1) unless the System Governor is satisfied that:

(a) the determination will ensure that the provision of certain types of care under the old Act, or services delivered under an agreement between the entity and the Commonwealth, may continue as funded aged care services under the new Act that correspond as nearly as possible to those types of care or services; and

(b) any other requirements prescribed by the transitional rules are met.

(4) The System Governor must give notice of the determination to the entity and the Commissioner.

(5) The Commissioner must record or update the details of the entity's registration on the Provider Register as soon as practicable after receiving the notice.

(6) A determination under subitem (1) is not a legislative instrument.