AGED CARE ACT 1997 - SECT 42.2A Determining situations of emergency to enable additional leave
AGED CARE ACT 1997 - SECT 42.2A
Determining situations of emergency to enable additional leave(1) The Minister may determine in writing that there is a situation of emergency for a specified day for a residential care service, or a class of residential care services, if the Minister is satisfied that an emergency is affecting or has affected:
(a) the service or services for that day; or
(b) the community in which the service or services are located for that day.
Note: An emergency affecting a residential care service or community may include a disaster (whether natural or otherwise), an epidemic or a pandemic.
(2) For the purposes of subsection (1):
(a) a class of residential care services may include all residential care services in Australia; and
(b) a day for which a situation of emergency is determined may be a day that is before, on or after the day the determination is made.
(3) A determination made under subsection (1) for a class of residential care services is a legislative instrument.
(4) A determination made under subsection (1) for a particular residential care service is not a legislative instrument, but must be published on the Department's website.
(5) The Minister may, in writing, delegate to the Secretary the
power to make a determination under subsection (1). In exercising the
power, the Secretary must comply with any directions of the Minister.