Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 16.20

             (1)  The Secretary must not approve the transfer of a * provisionally allocated * place from one person to another if:

                     (a)  the transfer would result in residential care in respect of the place being provided by a different residential care service; and

                     (b)  that residential care service has, or a * distinct part of that service has, * extra service status;

unless subsection (2) or (3) applies to the transfer.

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 Secretary may approve the transfer if satisfied that the * places other than the transferred places could, after the allocation has taken effect, form one or more * distinct parts of the residential care service concerned.

Note:          The transferred places would not have * extra service status because of the operation of section 31‑3.

             (3)  The Secretary may approve the transfer if satisfied that:

                     (a)  granting the transfer would be reasonable, having regard to the criteria set out in section 32‑4; and

                     (b)  granting the transfer would not result in the maximum proportion of * extra service places under section 32‑7, for the State, Territory or * region concerned, being exceeded; and

                     (c)  any other requirements set out in the Allocation Principles are satisfied.

Note:          The places would have * extra service status because of the operation of section 31‑1. (Section 31‑3 would not apply.)