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 3   Specific information gathering requirements

17   Conditions of registration - Commission Act sanctions

(1) This item applies 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 was imposed on the entity under section 63N of the Commission Act before the transition time; and

(c) the sanction is of a kind mentioned in paragraph 63R(b) or (c) of the Commission Act; and

(d) the sanction is in effect immediately before the transition time.

(2) The sanction has effect (except for the purposes of section 556 of the new Act), and may be dealt with, after the transition time as if it were the following condition imposed by the Commissioner under section 143 of the new Act on the registered provider's registration:

(a) for a sanction of the kind mentioned in paragraph 63R(b) of the Commission Act - a condition restraining the registered provider from delivering funded aged care services other than through a service delivery branch, or approved residential care home, of the registered provider as at the transition time;

(b) for a sanction of the kind mentioned in paragraph 63R(c) of the Commission Act - a condition that the registered provider is not eligible for subsidy in relation to the delivery of funded aged care services to an individual if payment of subsidies under the old Act in relation to the individual was prohibited by the sanction.

(3) To avoid doubt, this item does not limit:

(a) the ability of the Commissioner to impose any other condition on the registration of the registered provider under section 143 of the new Act; or

(b) any other condition to which the registration of the registered provider is subject (whether because of the new Act or this Act).