Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 40AEC

             (1)  Subject to section 40AEH, where a request under subsection 40AE(1), (1A) or (2) by the proprietor of a nursing home has not been withdrawn under section 40AEA, the Minister shall, not earlier than the end of the period of 42 days commencing on the expiration of the last day on which such a request could have been made, refer the matter to a Nursing Homes Fees Review Committee of Inquiry established for that State under Division 3A of Part VIII (in this section and in sections 40AED, 40AEE, 40AEF and 40AEH called the Committee ) for examination and report to the Minister, and shall not take any further action in the matter until the Minister has received the report of the Committee.

             (2)  The Minister shall not refer the matter to the Committee unless the proprietor has provided the Minister with:

                     (a)  a statement which sets out fully and in detail the reasons for the request;

                     (b)  a copy of such accounts, books, documents and records that are relevant to the review of the decision by the Minister; and

                     (c)  such information or documents as the Minister specifies under subsection (3).

             (3)  The Minister may, by notice published in the Gazette , specify information or documents that are to be provided to the Minister for the purposes of a review.

             (4)  The Minister may, by notice in writing given to the proprietor, require the proprietor to furnish to the Minister such further information or documents as the Minister considers necessary for the purpose of deciding the request and the Minister may refuse to refer the matter to the Committee until that information or those documents, as the case requires, are furnished to the Minister.