Commonwealth Consolidated Acts

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 8

(1)

A grant to an eligible organization under section 7 may be made upon such conditions, not inconsistent with this Act, as the Minister thinks fit.

(2)

Where the Minister makes a payment of financial assistance to an organisation by way of grant under subsection 7(1), the financial assistance is not payable to the organisation unless the organisation has entered into an agreement with the Minister that specifies the conditions on which the financial assistance is granted and under which the organisation agrees to comply with those conditions.

(2A)

Where:

(a)

an organisation has entered into an agreement specifying the conditions on which financial assistance under subsection 7(1) was granted; and

(b)

the Minister, with the consent of the organisation, varies those conditions;

the agreement shall be taken to be varied accordingly.

(3)

The conditions upon which a grant may be made under subsection (1) include, but are not limited to, conditions with respect to:

(a)

the repayment of financial assistance;

(b)

the giving of security for the repayment of financial assistance or the payment to the Commonwealth of amounts (whether or not exceeding the amount of financial assistance) that under the conditions are to be taken as representing the Commonwealth's interest in:

(i)

land acquired (with or without buildings);

(ii)

buildings acquired, erected, altered or extended; and

(iii)

equipment acquired, altered or extended;

as a result of the application of the financial assistance or of the financial assistance and other money; and

(c)

the use and disposal of, and the recovery of amounts (whether or not exceeding the amount of financial assistance) that under the conditions are to be taken as representing the Commonwealth's interest in:

(i)

land acquired (with or without buildings);

(ii)

buildings acquired, erected, altered or extended; and

(iii)

equipment acquired, altered or installed;

as a result of the application of the financial assistance or of the financial assistance and other money.

(4)

If:

(a)

immediately before the commencement day, a grant of financial assistance in respect of a nursing home was payable under section 7; and

(b)

on or after the commencement day, the residential care service that corresponds to the nursing home is granted extra service status under Division 32 of the Aged Care Act 1997 ;

the financial assistance ceases to be payable.

(5)

If:

(a)

immediately before the commencement day, a grant of financial assistance in respect of a nursing home was payable under section 7; and

(b)

on or after the commencement day, a distinct part of the residential care service that corresponds to the nursing home is granted extra service status under Division 32 of the Aged Care Act 1997 ; and

(c)

when the distinct part was granted extra service status, some or all of the financial assistance (the remaining amount ) had not been paid;

the remaining amount is to be reduced in accordance with subsection (6).

(6)

The remaining amount is to be reduced by an amount worked out using the formula:

Example: Assume the amount of the grant is $500,000, and the remaining amount is $200,000. Assume the distinct part of the residential care service that is granted extra service status contains 20 places, and the total number of places in the service is 40. The remaining amount is to be reduced by:

(7)

In this section: