Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 16.14

             (1)  A person to whom a * place has been * provisionally allocated under Division 14 may apply in writing to the Secretary for approval to transfer the place to another person.

             (2)  The application must:

                     (a)  be in a form approved by the Secretary; and

                     (b)  include the information referred to in subsection (3); and

                     (c)  be signed by the transferor and the transferee; and

                     (d)  set out any variation of the conditions to which the * provisional allocation is subject under section 14‑5, for which approval is being sought as part of the transfer .

             (3)  The information to be included in the application is as follows:

                     (a)  the transferor's name;

                     (b)  the number of * places to be transferred;

                     (c)  the * aged care service to which the places currently relate, and its location;

                     (d)  the proposed transfer day;

                     (e)  the transferee's name;

                      (f)  if, after the transfer, the places would relate to a different aged care service--that aged care service;

                     (g)  whether any of the places are:

                              (i)  places included in a residential care service, or a * distinct part of a residential care service, that has * extra service status; or

                             (ii)  places in respect of which one or more * residential care grants have been paid;

                     (h)  if the places are included in a residential care service and, after the transfer, the places would relate to a different residential care service--whether that service, or a distinct part of that service, has extra service status;

                      (i)  evidence of the progress made by the transferor towards being in a position to provide care in respect of the places;

                      (j)  the day on which, if the transfer were to take place, the transferee would be in a position to provide care in respect of the places;

                     (k)  such other information as is specified in the Allocation Principles.

Note:          The Secretary must not approve the transfer if the location in respect of which the place is provisionally allocated will change as a result of the transfer (see paragraph 16‑13(2)(e)).

             (4)  The application must be made:

                     (a)  if the transferee has been approved under section 8‑1 as a provider of * aged care (even if the approval has not yet begun to be in force)--no later than 60 days, or such other period as the Secretary determines under subsection (5), before the proposed transfer day; or

                     (b)  if the transferee has not been approved under section 8‑1 as a provider of aged care--no later than 90 days, or such other period as the Secretary determines under subsection (5), before the proposed transfer day.

             (5)  The Secretary may, at the request of the transferor and the transferee, determine another period under paragraph (4)(a) or (b) if the Secretary is satisfied that it is justified in the circumstances.

             (6)  In deciding whether to make a determination, and in determining another period, the Secretary must consider any matters set out in the Allocation Principles.

             (7)  The Secretary must give written notice of his or her decision under subsection (5) to the transferor and the transferee. The notice is not a legislative instrument.

             (8)  If the information included in an application changes, the application is taken not to have been made under this section unless the transferor and the transferee give the Secretary written notice of the changes.