Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 40AEH

             (1)  Where the Minister has, under section 40AE, been requested to review a decision of the Secretary, the Minister may, in writing, at any time before the Committee has commenced consideration of the matter, require the proprietor of the nursing home to which the request relates to notify the Minister whether there has been a change in proprietorship of the nursing home since the request was made and the proprietor of the nursing home shall, by notice in writing, notify the Minister accordingly not later than 28 days after being required to so notify the Minister.

             (2)  Where the Minister is not notified in accordance with subsection (1) the request shall be taken to have been withdrawn.

             (3)  Where:

                     (a)  a proprietor has, under subsection 40AE(1), (1A) or (2), requested the Minister to review a decision; and

                     (b)  after making the request but before the Committee has commenced consideration of the matter the proprietor ceases to be the proprietor of the nursing home and another person becomes the proprietor (in this section called the new proprietor ) of the nursing home;

the Minister shall, as soon as practicable after the Minister becomes aware of the change of proprietor, by notice in writing:

                     (c)  provide details of the request to the new proprietor; and

                     (d)  inform the new proprietor that unless the new proprietor, not later than 28 days, or such longer period as the Minister specifies in writing given to the proprietor, after receipt of the Minister's notice, authorises the Minister to proceed, or to continue to proceed, with the request, the request shall be taken to have been withdrawn;

and the Minister shall take no further action in relation to the request before the Minister receives that authorisation, or before the end of that period of 28 days or that longer period, as the case may be, whichever first occurs.

             (4)  Where the new proprietor authorises the Minister to proceed, or to continue to proceed, with the request as required by paragraph (3)(d), the new proprietor shall be taken to have authorised the deduction of the Committee processing fee from any payment or payments of benefits under Part VA payable to the new proprietor.

             (5)  Where the new proprietor does not authorise the Minister to proceed, or to continue to proceed, with the request as required by paragraph (3)(d), the request shall be taken to have been withdrawn.

             (6)  Where a request is taken to have been withdrawn under subsection (2) or (5):

                     (a)  if the lodgment fee has been deducted in accordance with subsection 40AE(5)--the fee shall not be refunded; and

                     (b)  if the lodgment fee has not been so deducted--the fee shall be so deducted.