Commonwealth Consolidated Acts

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 9

(1)

Subject to this section, the amount of a grant under section 7 in respect of a nursing home shall be an amount not exceeding:

(a)

in a case to which paragraph (b) does not apply—80% of the capital works costs in respect of the home or 4 times the amount of the funds of the eligible organisation available for expenditure toward the capital works costs in respect of the home, whichever is the less; or

(b)

in a case where the Secretary certifies, in writing, that the Secretary is satisfied that the nursing home is intended to be used exclusively or almost exclusively for the accommodation of financially disadvantaged persons—the capital works costs in respect of the home.

(1A)

Subject to subsection (1B), the amount of the funds of an eligible organization available for expenditure towards the capital works costs in respect of a nursing home shall be deemed to be the sum of such part (if any) of the notional amount to be taken into account under subsection (1B) as the Minister, in his or her discretion, determines, the moneys (if any) expended, and the moneys presently available for expenditure, by the organization toward the capital works costs in respect of the home.

(1B)

The notional amount to be taken into account in a calculation under subsection (1A) is the market value, at the time at which the calculation is made, of the eligible organisation's estate or interest in the land to be used in connection with an application under section 6 or the market value of the organisation's estate or interest in the land immediately after acquisition, whichever is the greater.

(1C)

The Minister may, in his or her discretion, determine in writing that all land or particular land donated to the eligible organisation:

(a)

by the Commonwealth; or

(b)

by an authority established by or under a law of the Commonwealth;

shall not be taken into account for the purposes of subsection (1B).

(1D)

Moneys expended in acquiring land taken into account for the purposes of subsection (1B) shall not be taken into account, for the purposes of subsection (1A), as moneys expended.

(2)

The Minister shall not make, or agree to make, a grant under section 7 to an eligible organization in respect of a nursing home unless the Minister is satisfied that the sum of the moneys (if any) expended, and the moneys presently available for expenditure, by the organization towards the capital works costs in respect of the home, together with the amount of the grant, will be not less than the capital works costs in respect of the home.

(3)

The Minister may determine, in writing, that a class of persons specified in the determination is a class of financially disadvantaged persons for the purposes of this section.

(4)

In this section, financially disadvantaged person means an aged or disabled person included in a class of persons determined by the Minister, under subsection (3), to be a class of financially disadvantaged persons.