Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 40AE

             (1)  If, after the commencement of this subsection, the Secretary, under section 51A, makes a decision:

                     (a)  authorising the payment to the proprietor of a nursing home of an advance or advances in respect of a Commonwealth benefit that is or may become payable to the proprietor; or

                     (b)  refusing to authorise such a payment;

the proprietor of the nursing home may request the Minister to review the Secretary's decision.

          (1A)  If the Secretary makes a determination under subsection 46E(1) relating to an approved nursing home, the proprietor of the nursing home may request the Minister to review the Secretary's decision.

             (2)  Where, on or after a day fixed by the Minister by notice published in the Gazette , the Secretary:

                     (a)  redetermines, under subsection 40AD(1BH), the respective reference fees applying in relation to each classification of approved nursing home patient occupying an exempt bed in a nursing home, without an application by the proprietor of the nursing home under that subsection;

                     (b)  on application, under subsection 40AD(1BH), by the proprietor of a nursing home containing exempt beds:

                              (i)  redetermines the respective reference fees applying in relation to each classification of approved nursing home patient occupying an exempt bed in the nursing home; or

                             (ii)  refuses that application; or

                     (c)  refuses, under subsection 40AD(1BD), a request under subsection 40AD(1BC) by the proprietor of a nursing home containing exempt beds to approve a proposed redetermination of an additional exempt bed fee in respect of each of those beds;

the proprietor of the nursing home may request the Minister to review the decision of the Secretary.

             (3)  A request to the Minister for a review:

                     (a)  shall be made only on the appropriate authorised form;

                     (b)  shall be made within 42 days after the day on which notice of the Secretary's decision is served on the proprietor; and

                     (c)  shall be made only by the person who is the proprietor of the nursing home at the time the request is made.

             (4)  If the proprietor has not, in the request, authorised the deduction of:

                     (a)  the lodgment fee of $500 or, if the Minister has, by notice, fixed another amount, that other amount; and

                     (b)  the Committee processing fee, being the fee referred to in subsection 40AED(2);

from any payment or payments of benefits under Part VA payable to the proprietor, the request shall be taken not to have been made.

             (5)  Where a proprietor has, in a request, authorised the deduction of the lodgment fee payable by the proprietor from any payment or payments of benefits under Part VA payable to the proprietor, the amount of the lodgment fee may be deducted from any payment or payments of those benefits.

             (6)  A notice under paragraph (4)(a) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

             (7)  Without prejudice to the effect of the repeal of section 40AD on a decision of the Secretary of a kind referred to in subsection (2) of this section, that repeal does not affect the conduct of a review of that decision under this section.