Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 45DC

             (1)  The Secretary may make available to the public, in any way that the Secretary thinks fit, any or all of the relevant information in relation to:

                     (a)  an approved nursing home; or

                     (b)  premises that were an approved nursing home at any time during the period of 5 years before the information is made available to the public.

             (2)  The following is relevant information for the purposes of subsection (1):

                     (a)  details of action taken by the Minister, whether before or after the commencement of this section, in relation to the nursing home under section 40AA, 40AD, 43A, 44, 44A, 45A, 45E or 45EA;

                     (b)  details of any action the Minister intends to take in relation to the nursing home under section 40AA, 40AD, 43A, 44, 44A, 45A, 45E or 45EA;

                     (c)  such other information (if any) as is specified in the regulations.

             (3)  A reference in paragraph (2)(a) to action taken by the Minister under a particular provision includes a reference to:

                     (a)  action taken by the Minister under section 105AAB in relation to a decision of the Minister made under the provision concerned; and

                     (b)  action taken by the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975 in relation to a review of:

                              (i)  a decision of the Minister made under the provision concerned (including a decision that has been varied under section 105AAB); and

                             (ii)  a decision under section 105AAB to revoke a decision covered by subparagraph (i) of this paragraph.

             (4)  A reference in paragraph (2)(b) to action the Minister intends to take under a particular provision includes a reference to action that the Minister intends to take under section 105AAB in relation to a decision of the Minister made under the provision concerned.

             (5)  The information made available must not be such as to enable the identification of an individual patient of a nursing home.

             (6)  Before making the information available, the Secretary must allow the proprietor of the nursing home not less than 30 days to consider the information and to make submissions to the Secretary about the information.

             (7)  If it appears to the Secretary in the light of any submission made by the proprietor that the information should be altered, the Secretary is to alter the information accordingly before it is made available.

             (8)  Subsections (6) and (7) do not apply if the Secretary considers that there is an urgent need to make the information available in order to protect the welfare or interests of persons who are, or may become, patients of the nursing home.

             (9)  The Minister must not publish a statement that contains information that relates to a day on or after the day on which the Aged Care Act 1997 (other than Division 1 of that Act) commences.