Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 16.13

             (1)  A transfer of a * provisionally allocated * place from one person to another is of no effect unless it is approved by the Secretary.

             (2)  The Secretary must not approve the transfer of a * provisionally allocated * place unless:

                     (a)  an application for the transfer is made under section 16‑14; and

                     (b)  the Secretary is satisfied that, because of the needs of the aged care community in the region for which the places were provisionally allocated, there are exceptional circumstances justifying the transfer; and

                     (c)  the Secretary is satisfied, having regard to the matters mentioned in section 16‑16, that the needs of the aged care community in the region for which the places were provisionally allocated are best met by the transfer; and

                     (d)  the Secretary is satisfied that the transferee will be an approved provider when the transfer is completed in respect of the * aged care service to which the places will relate after transfer; and

                     (e)  the location in respect of which the place is provisionally allocated will not change as a result of the transfer; and

                      (f)  the provisional allocation is in respect of residential care subsidy.

             (3)  If the transfer is approved:

                     (a)  the transferee is taken, from the transfer day (see section 16‑19), to be the person to whom the * place is * provisionally allocated under this Subdivision; and

                     (b)  if, as part of the transfer, approval is sought for one or more variations of the conditions to which the allocation is subject under section 14‑5--the Secretary is taken to have made such variation of the conditions as is specified in the instrument of approval.