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

7   Deemed approval of residential care homes

(1) For the purposes of paragraph 6(2)(f) of this Schedule, the System Governor may determine, in writing, that a place, or one or more places, are taken to be approved as a residential care home in relation to a registered provider for the purposes of paragraph 105(1)(b) and section 112 of the new Act.

(2) The determination must specify:

(a) the name of the registered provider; and

(b) the name and address of the residential care home; and

(c) the total number of beds to be covered by the approval; and

(d) the reasons for making the determination; and

(e) the day on which the approval period starts; and

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

(3) The System Governor must not make the determination unless the System Governor is satisfied that both of the following apply:

(a) the place or combination of places meets the definition of residential care home in section 10 of the new Act;

(b) the registered provider and those places meet any other requirements prescribed by the transitional rules.

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

(5) The Commissioner must update the details of the registered provider'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.