Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may, by written notice served on a person who is an approved nursing home patient and on the proprietor of the Government nursing home in which the person is a patient, declare that the person is no longer an approved nursing home patient if the Minister is satisfied:
(a) that the person is no longer a person who, because of infirmity, illness, disease, incapacity or disability, requires such nursing care as warrants the person continuing as a patient in a nursing home; and
(b) that, having regard to the medical condition of the person and to any other relevant circumstances, the needs of the person would be adequately, and more suitably, provided for in accommodation in a place other than an approved nursing home and that such accommodation is available to the person.
(2) Subject to subsection (3), a declaration under subsection (1) takes effect at the end of the period, or further period, allowed under subsection 105AAB(2) for the making of a request under that subsection.
(3) Where:
(a) a request is made under subsection 105AAB(2) for the reconsideration of a declaration under subsection (1); and
(b) the Minister affirms or varies the declaration;
the declaration, or the declaration as varied, as the case may be, takes effect on the day following the day on which notice of the decision of the Minister on the reconsideration is served for the purpose of subsection 105AAB(6).
(4) Without limiting the generality of the directions that may be given under section 6 to a delegate of the power under subsection (1), such a direction may make provision:
(a) requiring the delegate to exercise the power 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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