Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 8.3

             (1)  In deciding whether the applicant is suitable to provide * aged care, the Secretary must consider:

                     (a)  the suitability and experience of the applicant's * key personnel; and

                     (b)  the applicant's ability to provide, and its experience (if any) in providing, aged care; and

                     (c)  the applicant's ability to meet (and, if the applicant has been a provider of aged care, its record of meeting) relevant standards for the provision of aged care (see Part 4.1); and

                     (d)  the applicant's commitment to (and, if the applicant has been a provider of aged care, its record of commitment to) the rights of the recipients of aged care; and

                     (e)  the applicant's record of financial management, and the methods that the applicant uses, or proposes to use, in order to ensure sound financial management; and

                      (f)  if the applicant has been a provider of aged care--its record of financial management relating to the provision of that aged care; and

                     (g)  if the applicant has been a provider of aged care--its conduct as a provider, and its compliance with its responsibilities as a provider and its obligations arising from the receipt of any payments from the Commonwealth for providing that aged care; and

                    (ga)  if the applicant has relevant key personnel in common with a person who is or has been an approved provider:

                              (i)  the person's record of meeting relevant standards for the provision of aged care (see Part 4.1); and

                             (ii)  the person's record of commitment to the rights of the recipients of aged care; and

                            (iii)  the person's record of financial management, and the methods that the person uses or used in order to ensure sound financial management; and

                            (iv)  the person's record of financial management relating to the provision of aged care; and

                             (v)  the conduct of the 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; and

                     (h)  any other matters specified in the Approved Provider Principles.

             (2)  In considering a matter referred to in paragraphs (1)(b) to (h), the Secretary may also consider the matter in relation to any or all of the applicant's * key personnel.

             (5)  The Approved Provider Principles may specify the matters to which the Secretary must have regard in considering any of the matters set out in paragraphs (1)(a) to (h).

             (6)  The references in paragraphs (1)(b), (c), (d), (f), (g) and (ga) to aged care include references 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.

          (6A)  For the purposes of paragraph (1)(ga), the applicant 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 as an approved provider, another person was one of its * key personnel; and

                     (b)  that other person is one of the key personnel of the applicant.

             (7)  Paragraph 8‑1(1)(d) and sections 10A‑2, 10A‑3 and 63‑1A do not limit this section.