Aged Care Legislation Amendment (New Commissioner Functions) Act 2019 (116 of 2019)

Schedule 4   Transitional, application, saving and other provisions

Part 2   Approval of providers of aged care

3   Pending applications for approval as provider of aged care

(1) This item applies in relation to an application made under subsection 8-2(1) of the Aged Care Act if:

(a) the application was made before the transition time; and

(b) immediately before that time, the Secretary has not made a decision on the application.

(2) The application is taken, after the transition time, to have been made to the Commissioner under subsection 63B(1) of the Commission Act and may be dealt with, or may continue to be dealt with, under Part 7A of that Act.

(3) If paragraph 8-6(3)(a) of the Aged Care Act applied in relation to the application, then, after the transition time, paragraph 63F(3)(d) of the Commission Act is taken to apply in relation to the application.

(4) If, before the transition time, a thing was done in relation to the application by the Secretary under, or for the purposes of, Division 8 of the Aged Care Act, then the thing has effect, after that time, as if it had been done by the Commissioner under, or for the purposes of, Part 7A of the Commission Act.