Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 40AF

             (1)  The proprietor of an approved nursing home may apply, in the authorized form, to the Secretary for approval of a person as a person requiring extensive care.

          (1A)  On and after 1 July 1988, approved nursing home , in subsection (1), means:

                     (a)  a Government nursing home; or

                     (b)  a nursing home for disabled people.

             (2)  An application under subsection (1) in respect of a person shall be accompanied by a certificate of a medical practitioner, in the authorized form, as to the need of the person for extensive care.

             (3)  Where the Secretary is satisfied that:

                     (a)  the person in respect of whom the application is made requires extensive care; and

                     (b)  the approved nursing home is adequately fitted, furnished and staffed for the purpose of providing persons with extensive care;

he or she may, for such period as he or she thinks proper, approve the person, in relation to that nursing home, as a person requiring extensive care.

             (4)  An approval under this section ceases to be in force at the expiration of the period specified in the approval but the Secretary may, at any time before the expiration of that period, review the approval and, if he or she considers that the person to whom the approval relates no longer requires or is not receiving extensive care, he or she may revoke the approval.

          (4A)  Where the Secretary makes a decision under this section refusing to approve a person as a person requiring extensive care or revoking such an approval, he or she shall cause to be served on the proprietor of the approved nursing home concerned, a notice in writing setting out that decision.

          (4B)  Without limiting the generality of directions that may be given under section 6 to a delegate of a power under this section, 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.

             (5)  In this section, extensive care means nursing home care required by a person:

                     (a)  who, by reason of infirmity, or any illness, disease, incapacity or disability, is bedridden or virtually bedridden and is wholly or substantially dependent on nursing care; or

                     (b)  who is undergoing treatment for any illness, disease, incapacity or disability and, for the purposes of that treatment, is wholly or substantially dependent on nursing care.