Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 14.2

             (1)  In deciding which allocation of * places would best meet the needs of the aged care community in the * region, the Secretary must consider, in relation to each application:

                     (a)  whether the people who manage, or propose to manage, the * aged care service that is providing or would provide the care to which the places relate have the necessary expertise and experience to do so; and

                     (b)  if applicable, whether the premises used, or intended to be used, to provide the care to which the places relate are suitably planned and located for the provision of * aged care; and

                     (c)  the ability of the applicant to provide the appropriate level of care; and

                     (d)  if the applicant has been a provider of aged care--its conduct as such a provider, and its compliance with its responsibilities as such a provider and its obligations arising from the receipt of any payments from the Commonwealth for providing that aged care; and

                    (da)  if the applicant has relevant * key personnel in common with a person who is or has been an approved provider--the conduct of that person as a provider of aged care, and its compliance with its responsibilities as such a provider and its obligations arising from the receipt of any payments from the Commonwealth for providing that aged care; and

                     (e)  the measures to protect the rights of care recipients; and

                      (f)  the provision of appropriate care for care recipients who are * people with special needs; and

                     (g)  any matters set out in the Allocation Principles.

             (2)  The reference in paragraphs (1)(d) and (da) to aged care includes a reference to any care for the aged, whether provided before or after the commencement of this section, in respect of which any payment was or is payable under a law of the Commonwealth.

             (3)  For the purposes of paragraph (1)(da), the applicant has relevant key personnel in common with a person who is or has been an approved provider if:

                     (a)  at the time the person provided * aged care, another person was one of its * key personnel; and

                     (b)  that other person is one of the key personnel of the applicant.