Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 16.16

             (1)  In considering whether the needs of the aged care community in the region for which the * places were allocated are best met by the transfer, the Secretary must consider each of the following matters:

                     (a)  whether the transfer would meet the objectives of the planning process set out in section 12‑2;

                     (b)  whether the transferor has made such significant progress towards being in a position to provide care, in respect of the places, that it would be contrary to the interests of the aged care community in the region not to permit the transfer;

                     (c)  whether the transferee is likely to be in a position to provide care in respect of the places within a short time after the transfer;

                     (d)  the standard of care, accommodation and other services proposed to be provided by the * aged care service in which the places would be included if the transfer were to occur;

                     (e)  the suitability of the transferee to provide the * aged care to which the places to be transferred relate;

                      (f)  the suitability of the premises proposed to be used to provide care through the aged care service in which the places would be included if the transfer were to occur;

                     (g)  if the places were allocated to meet the needs of * people with special needs--whether those needs would be met once the allocation of the places to be transferred took effect;

                     (h)  if the places were allocated to provide a particular type of aged care--whether that type of aged care would be provided once the allocation of the places to be transferred took effect;

                      (i)  if the transferee 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;

                      (j)  if the transferee 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;

                     (k)  the financial viability, if the transfer were to occur, of the transferee and the aged care service in which the places would be included if the transfer were to occur;

                      (l)  the measures to be adopted by the transferee to protect the rights of care recipients;

                    (m)  any matters set out 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)).

             (2)  The reference in paragraphs (1)(i) and (j) 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)(j), the transferee 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 transferee.