Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person may, on the person's own behalf or on behalf of another person, apply to the Minister, in accordance with the authorized form, for approval for the admission of the person or of the other person, as the case may be, to a Government nursing home.
(2) An application under subsection (1) may include a certificate, in accordance with the authorized form, by a medical practitioner that the person in respect of whose admission approval is sought, by reason of infirmity or illness, disease, incapacity or disability, has a continuing need for nursing care.
(2A) A certificate given under subsection (2) is to be taken into account by the Minister in considering an application.
(3) Subject to this section, where the Minister is satisfied, with respect to an application under subsection (1), that, by reason of infirmity or illness, disease, incapacity or disability, the patient requires such nursing care as would warrant admission to a Government nursing home, the Minister shall, by written instrument, approve the application.
(3A) An approval under subsection (3) remains in force for the period specified in the instrument of approval.
(3B) An approval under subsection (3) may be expressed to relate only to the admission of the person named in the approval to a particular Government nursing home, a class of Government nursing homes or a class of Government nursing homes situated in a particular region.
(4) For the purposes of subsection (3), a patient shall be deemed not to require such nursing care as would warrant admission to an approved nursing home if the Minister is satisfied that, having regard to the medical condition of the patient and to any other relevant circumstances, the needs of the patient would be adequately, and more suitably, provided for in accommodation in an institution other than an approved nursing home and that such accommodation is available to the patient.
(4AA) Where a determination by the Minister for the purposes of paragraph 40AA(6)(aa) of a special purpose in relation to a Government nursing home is in force or, immediately before the date on which application was made for approval of premises as an approved nursing home or for an alteration of the conditions applicable to the nursing home of the kind referred to in paragraph 39A(3)(b) or 39B, a certificate was in force under section 39A specifying a special purpose in relation to the nursing home, the Minister may refuse to approve an application for the admission of a person to the nursing home if the Minister is satisfied that the admission of the person would be inconsistent with that special purpose.
(4A) The Minister may refuse to approve an application for the admission of a person to a Government nursing home if the admission is to take place during a period of suspension of the approval of the nursing home.
(5) Where the Minister makes a decision under this section refusing to approve an application for the admission of a person to a Government nursing home, the Minister shall cause to be served on the applicant for that admission, a notice in writing setting out that decision.
(5A) Where a person ceases to be a short‑term respite care patient upon the death or discharge from a Government nursing home of the qualified nursing home patient or Repatriation nursing home patient whose bed in the nursing home the person was occupying, the person shall:
(a) immediately after the end of the day on which the person ceases to be a short‑term respite care patient, be taken to have been admitted to the nursing home as a qualified nursing home patient with the approval of the Minister under this section; and
(b) be taken to be, or to have been, a qualified nursing home patient for such period after that day as the Minister, by writing, determines.
(5B) Where the Minister makes a decision under paragraph (5A)(b) in relation to a person who, immediately before the period referred to in that paragraph, was a short‑term respite care patient, the Minister shall cause to be served on the person or the person who applied under section 40ABA on behalf of the first‑mentioned person for the admission of the first‑mentioned person to the nursing home, as the case requires, and on the proprietor of the nursing home, notice in writing setting out that decision.
(6) Without limiting the generality of directions that may be given under section 6 to a delegate of a power under this section or subsection 40AA(8), such a direction may make provision:
(a) requiring the delegate to exercise the delegated powers in accordance with the views of a group of persons;
(b) for the manner in which that group is to be constituted; and
(c) for the procedures to be followed in ascertaining the views of that group.
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