Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 8.1

             (1)   The Secretary must, in writing, approve a person as a provider of * aged care if:

                     (a)  the person (the applicant ) makes an application under section 8‑2; and

                     (b)  the Secretary is satisfied that the applicant is a * corporation; and

                     (c)  the Secretary is satisfied that the applicant is suitable to provide aged care (see section 8‑3); and

                     (d)  the Secretary is satisfied that none of the applicant's * key personnel is a * disqualified individual.

Note 1:       Under Part 4.4, the Secretary may restrict a person's approval as a provider of * aged care to certain * aged care services, or to certain care recipients.

Note 2:       Rejections of applications are reviewable under Part 6.1.

             (2)  The approval is in respect of:

                     (a)  either:

                              (i)  all types of * aged care; or

                             (ii)  if the approval is specified to be in respect of one or more types of aged care--that type or those types of aged care; and

                     (b)  each * aged care service in respect of which:

                              (i)  an allocation of a * place to the person in respect of the aged care service is in effect (whether because the place was originally allocated to the person or because of a transfer); or

                             (ii)  a * provisional allocation of a place to the person in respect of the aged care service is in force (whether because the place was originally allocated to the person but the allocation has not yet taken effect or because of a transfer).

             (3)  The approval in respect of an * aged care service begins to be in force on the first day on which:

                     (a)  an allocation of a * place to the person in respect of the aged care service takes effect; or

                     (b)  a * provisional allocation of a place to the person in respect of the aged care service begins to be in force; or

                     (c)  a transfer day occurs for the transfer under Division 16 of a place to the person for the provision of * aged care through the aged care service.

             (4)  However, the approval does not come into force in respect of any * aged care service through which the person provides * aged care unless one of those events occurs in respect of one of the aged care services through which the person provides aged care within a period of 2 years, or such longer period as is specified in the Approved Provider Principles, beginning on the day on which the instrument of approval is made.

             (5)  The approval is not subject to any limitation relating to when it ceases to be in force, unless the instrument of approval specifies otherwise.