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AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 9
9. After section 9 of the Principal Act the following Part heading, Division
headings and sections are inserted:
"PART III-CAPITAL GRANTS AND RECURRENT SUBSIDIES FOR APPROVED HOSTELS
"Division 1-Determination of maximum number of hostel places etc.
Determination of maximum number of hostel places etc.
"9AA. (1) The Minister may, by notice in writing published in the Gazette,
specify a number as the maximum number of hostel places for a State or
Territory for a relevant period.
"(2) The Minister may, by notice in writing published in the Gazette, specify
a number as the maximum number of hostel places for a region within a State or
Territory for a relevant period.
"(3) The aggregate of the numbers specified at any time in notices in force
under subsection (2) in relation to all the regions in a State or Territory in
relation to a relevant period shall not exceed the number specified at that
time in the notice in force under subsection (1) in relation to that State or
Territory in relation to that period.
"(4) The Minister shall not, at any time during a relevant period:
(a) issue or vary a certificate under subsection 9AB (3), (6), (8) or
(10); or
(b) enter into an agreement under section 10FA specifying a number of
hostel places as places in respect of which financial assistance by
way of recurrent subsidy is payable or vary the number so specified;
if the effect of doing so would be that the number of committed hostel
places in a State, Territory or region at that time would exceed the
maximum number of hostel places specified under this section for that
State, Territory or region for that period.
"(5) For the purposes of this section, the number of committed hostel places
in a State or Territory, or in a region of a State or Territory, at a
particular time shall, subject to subsections (6), (7), (8), (9) and (10), be
taken to be the number equal to the aggregate of:
(a) the number of hostel places specified for recurrent subsidy purposes
in certificates in force at that time under subsections 9AB (3), (6),
(8) and (10); and
(b) the number of hostel places specified for recurrent subsidy purposes
in agreements in force at that time under section 10FA; being
certificates granted, or agreements entered into, in relation to
hostels, or proposed hostels, in that State, Territory or region, as
the case may be.
"(6) Where:
(a) a certificate is issued under subsection 9AB (3) or (6) in relation to
a hostel;
(b) a number of hostel places is specified in that certificate for
recurrent subsidy purposes; and
(c) those hostel places are subsequently specified for recurrent subsidy
purposes in an agreement in force under section 10FA; the certificate,
and any determination made under subsection 9AB (11) in relation to
the certificate, shall, as from the time of entry into the agreement,
be disregarded for the purposes of this section.
"(7) Where:
(a) an agreement has been entered into under section 10FA in relation to a
hostel;
(b) a number of hostel places are specified for recurrent subsidy purposes
in that agreement; and
(c) while that agreement is in force, a certificate is granted under
subsection 9AB (3) or (6) in respect of the demolition and
reconstruction of the hostel; the agreement shall be disregarded for
the purpose of this section while the certificate is in force.
"(8) Where:
(a) a certificate is granted in relation to a hostel under subsection 9AB
(8) or (10);
(b) a number of hostel places is specified in that certificate for
recurrent subsidy purposes; and
(c) the agreement entered into under section 10FA is varied to give effect
to the certificate by substituting another number for the number of
hostel places specified in that agreement for recurrent subsidy
purposes; the certificate, and any determination made under subsection
9AB (11) in relation to the certificate, shall, as from the date of
variation of the agreement under section 10FA, be disregarded for the
purposes of this section.
"(9) A certificate in force under subsection 9AB (3) or (6) in respect of a
hostel immediately before the Minister approves the hostel under section 10B
shall be taken, for the purposes of this section, to continue in force until:
(a) the eligible organisation to whom the certificate was issued enters
into an agreement under section 10FA in respect of the hostel in terms
satisfactory to the Minister; or
(b) the period for entry by the organisation into such an agreement in
respect of the hostel, being the period referred to in subsection 10B
(10), expires; whichever first occurs.
"(10) Where the Minister, under subsection 9AC (2), gives effect to a request
for the transfer of an approval, in so far as it relates to certain approved
hostel places, from an approved hostel in a State or Territory to another
hostel or proposed hostel in the same State or Territory, then, for the
purpose only of determining the number of committed places in that State or
Territory under subsection (5) of this section, those approved hostel places
shall not, during the period between the taking of action by the Minister
under paragraph 9AC (2) (c) and the taking of action by the Minister under
paragraph 9AC (2) (d), be taken into account as approved hostel places.
"(11) A reference in this section to hostel places specified for recurrent
subsidy purposes in an instrument shall be read as a reference to places
identified in that instrument, by whatever means, as places in respect of
which financial assistance by way of recurrent subsidy will, subject to this
Act, be payable. "Division 2-Approvals in principle for capital and recurrent
funding or
recurrent funding alone Approvals in principle
"9AB. (1) Where an eligible organisation that has acquired or erected, or that
proposes to acquire or erect, premises so as to enable it to operate a hostel
makes application in writing, to the Minister for approval in principle:
(a) for financial assistance by way of a grant towards the capital works
costs associated with the acquisition or erection of the hostel; and
(b) for financial assistance by way of recurrent subsidy in respect of the
hostel; the Minister may, in his or her discretion, grant or refuse to
grant that approval in principle.
"(2) Where an eligible organisation that operates an approved hostel proposes
to demolish and reconstruct the premises at which the hostel is operated makes
application, in writing, to the Minister for approval in principle:
(a) for financial assistance by way of a grant towards the capital works
costs associated with the demolition and reconstruction of the hostel;
and
(b) for financial assistance by way of recurrent subsidy in respect of the
hostel as so reconstructed; the Minister may, in his or her
discretion, grant or refuse to grant that approval in principle.
"(3) Where the Minister decides to grant an approval in principle in respect
of an application under subsection (1) or (2), the Minister shall do so by
issuing to the eligible organisation concerned a certificate stating:
(a) that if, within 12 months after the issue of the certificate, the
organisation:
(i) meets such conditions, and provides such information and
documents, in connection with that acquisition or erection, or
demolition and reconstruction, as the case requires, as are
specified by the Minister in the certificate; and
(ii) makes application under section 9A for financial assistance by
way of a grant of the kind referred to in paragraph (a) of that
subsection in respect of the hostel;
that application will not be refused;
(b) that, if financial assistance is approved under that application,
then:
(i) in the application of the guidelines referred to in section 9B
for the purpose of computing the amount of that financial
assistance, such matters as are specified in the certificate
shall, without limiting the generality of any other matters
properly relevant in accordance with that section, be taken
into account; and
(ii) the financial assistance will, subject to Division 3, be
payable on such conditions as are determined in accordance with
an agreement entered into under section 9C;
(c) that it is a condition of validity of the certificate that the
organisation will, within 12 months after the Minister notifies the
organisation that he or she has decided to pay the financial
assistance referred to in subparagraph (3) (a) (ii), make application
under section 10B for approval of the hostel for financial assistance
by way of recurrent subsidy in respect of a number of hostel places
(including, where appropriate, a number of respite care places)
specified in the certificate;
(d) that the application under section 10B will not be refused if, at the
time of making that application, the Minister is satisfied that the
organisation complies with such conditions as are specified in the
certificate; and
(e) that, if the approval of the hostel for financial assistance by way of
recurrent subsidy is granted:
(i) the financial assistance will, subject to Division 4, be
payable, subject to subparagraph (ii), on such conditions as
are determined in accordance with an agreement entered into
under section 10FA; and
(ii) the conditions of payment of that financial assistance under
that agreement shall, subject to any later variations that may
be effected, include a condition that the organisation will, at
all times, make the number of hostel places (including, where
appropriate, the number of respite care places) referred to in
paragraph (c) available for the accommodation of eligible
persons generally or of such classes of eligible persons as are
specified in the certificate in such proportions or numbers as
are so specified in relation to each such class.
"(4) Where an eligible organisation that has acquired or erected, or that
proposes to acquire or erect, premises so as to enable it to operate a hostel
makes application, in writing, to the Minister for approval in principle for
financial assistance by way of recurrent subsidy in respect of the hostel, the
Minister may, in his or her discretion, grant or refuse to grant that approval
in principle.
"(5) Where the eligible organisation that operates an approved hostel proposes
to demolish and reconstruct the premises at which the hostel is operated makes
application, in writing, to the Minister for approval in principle for
financial assistance by way of recurrent subsidy in respect of the hostel as
so reconstructed, the Minister may, in his or her discretion, grant or refuse
to grant, the approval in principle.
"(6) Where the Minister decides to grant an approval in principle in respect
of an application under subsection (4) or (5), the Minister shall do so by
issuing to the eligible organisation concerned a certificate stating:
(a) that if, within 12 months after the issue of the certificate:
(i) the organisation makes application under section 10B for
approval of the hostel for financial assistance by way of
recurrent subsidy in respect of a number of hostel places
(including, where appropriate, a number of respite care places)
specified in the certificate; and
(ii) at the time of making that application, the Minister is
satisfied that the organisation complies with such conditions
as are specified in the certificate;
the application for approval will not be refused; and
(b) that, if the approval of the hostel for financial assistance by way of
recurrent subsidy is granted:
(i) the financial assistance will, subject to Division 4, be
payable, subject to subparagraph (ii), on such conditions as
are determined in accordance with an agreement entered into
under section 10FA; and
(ii) the conditions of payment of that financial assistance under
that agreement shall, subject to any later variations that may
be effected, include a condition that the organisation will, at
all times, make the number of hostel places (including, where
appropriate, the number of respite care places) referred to in
paragraph (a) available for the accommodation of eligible
persons generally or of such classes of eligible persons as are
specified in the certificate in such proportions or numbers as
are so specified in relation to each such class.
"(7) Where an eligible organisation:
(a) that operates an approved hostel in respect of which a number of
hostel places are approved hostel places; and
(b) that proposes that further hostel places, whether already existing or
to be created by virtue of the alteration or extension of the hostel,
become approved hostel places; makes application, in writing, to the
Minister for approval in principle:
(c) for financial assistance:
(i) in the case of hostel places that already exist-by way of
additional grant towards the capital works costs associated
with the acquisition or erection of the hostel; and
(ii) in the case of hostel places to be created by virtue of the
alteration or extension-by way of a grant towards the capital
works costs associated with the alteration or extension of the
hostel; and
(d) for financial assistance by way of additional recurrent subsidy in
respect of the hostel; the Minister may, in his or her discretion,
grant or refuse to grant that approval in principle.
"(8) Where the Minister decides to grant an approval in principle in respect
of the application under subsection (7), the Minister shall do so by issuing
to the eligible organisation concerned a certificate stating:
(a) that if, within 12 months after the issue of the certificate, the
organisation:
(i) meets such conditions, and provides such information and
documents in connection with the application as are specified
by the Minister in the certificate; and
(ii) makes application under section 9A for financial assistance by
way of a grant of a kind referred to in paragraph (7) (c) in
respect of the hostel;
the application will not be refused;
(b) that, if financial assistance is approved under that application,
then:
(i) in the application of the guidelines referred to in section 9B
for the purpose of computing the amount of that financial
assistance, such matters as are specified in the certificate
shall, without limiting the generality of any other matters
properly relevant in accordance with that section, be taken
into account; and
(ii) the financial assistance will, subject to Division 3, be
payable on such conditions as are determined in accordance with
an agreement entered into under section 9C;
(c) that it is a condition of validity of the certificate that the
organisation will, within 12 months after the Minister notifies the
organisation that he or she has decided to pay the financial
assistance referred to in subparagraph (8) (a) (ii), make application
to the Minister under section 10FA to vary the agreement entered into
under that section relating to the provision of financial assistance
by way of recurrent subsidy in respect of that hostel:
(i) so as to alter the number of hostel places specified in the
agreement to include a number of additional hostel places
specified in the certificate;
(ii) where the Minister considers it appropriate, so as to alter or
insert, in terms specified in the certificate, a term or terms
relating to the provision of respite care places; and
(iii) where the Minister considers it appropriate, so as to alter or
insert, in terms specified in the certificate, a term or terms
relating to the accommodation in approved hostel places
(including, where appropriate, approved respite care places) of
such classes of eligible persons as are specified in the
certificate in such proportions or numbers as are so specified
in respect of each such class; and
(d) that an application for variation of an agreement made in accordance
with paragraph (c) will not be refused if, at the time of making
application, the Minister is satisfied that the organisation complies
with such conditions as are specified in the certificate.
"(9) Where an eligible organisation:
(a) that operates an approved hostel in respect of which a number of
hostel places are approved hostel places; and
(b) that proposes that further hostel places, whether already existing or
to be created by virtue of an alteration or extension of the hostel,
become approved hostel places; makes application, in writing, to the
Minister for approval in principle for financial assistance by way of
additional recurrent subsidy in respect of the hostel, the Minister
may, in his or her discretion, grant or refuse to grant that approval
in principle.
"(10) Where the Minister decides to grant an approval in principle in respect
of an application under subsection (9), the Minister shall do so by issuing to
the eligible organisation concerned a certificate stating:
(a) that, if the organisation, within 12 months after the issue of a
certificate, makes application to the Minister under section 10FA to
vary the agreement entered into under that section relating to the
provision of financial assistance by way of recurrent subsidy in
respect of that hostel:
(i) so as to alter the number of hostel places specified in the
agreement to include a number of additional hostel places
specified in the certificate;
(ii) where the Minister considers it appropriate, so as to alter or
insert, in terms specified in the certificate, a term or terms
relating to the provision of respite care places; and
(iii) where the Minister considers it appropriate, so as to alter or
insert, in terms specified in the certificate, a term or terms
relating to the accommodation in approved hostel places
(including, where appropriate, approved respite care places) of
such classes of eligible persons as are specified in the
certificate in such proportions or numbers as are so specified
in respect of each such class; and
(b) that if, at the time of making the application, the Minister is
satisfied that the organisation complies with such conditions as are
specified in the certificate; the application will not be refused.
"(11) The Minister may:
(a) upon application in writing by the holder of a certificate in force
under subsection (3), (6), (8) or (10); or
(b) where the Minister considers it necessary to do so by reason of
circumstances unforseen at the time of issue of such a certificate-on
his or her own motion; by determination in writing, vary the
certificate:
(c) by deleting a date or period specified in the certificate (including a
period substituted by virtue of a previous application of this
subsection) and substituting such other date or period as the Minister
specifies in the determination;
(d) by deleting a number of hostel places or respite care places specified
in the certificate (including a number substituted by virtue of a
previous application of this subsection) and substituting such other
number as the Minister specifies in the determination;
(e) by inserting a term in the certificate; or
(f) by deleting a term of the certificate (including a term inserted or
substituted by virtue of a previous application of this subsection)
and substituting such other term (if any) as the Minister specifies in
the determination.
"(12) The Minister, in exercising any of his or her powers under subsections
(1) to (11) (inclusive), shall comply with any relevant principles in force
under subsection (13).
"(13) The Minister may, by instrument in writing, formulate principles to be
complied with by the Minister with respect to the exercise of any of his or
her powers under subsections (1) to (11) (inclusive).
"(14) In formulating principles under subsection (13), the Minister shall have
regard to all matters that the Minister considers relevant, including, but
without limiting the generality of the foregoing, the following matters:
(a) the suitability of an organisation applying for a certificate under
subsection (3) or (6) to operate a hostel;
(b) the need to control unnecessary growth in the number of hostels
approved under section 10B;
(c) the availability of forms of accommodation, or care, or accommodation
and care, including:
(i) domiciliary and day care; and
(ii) care provided by nursing homes, hospitals and other
institutions and by community services; other than
accommodation, or care, or accommodation and care available, or
likely, by reason of certificates issued under section 9AB, to
become available, in approved hostels.
"(15) A certificate under this section:
(a) comes into force on the day on which it is granted; and
(b) ceases to be in force if:
(i) the applicant for the certificate fails to comply with a
condition of validity of the certificate; or
(ii) the Minister revokes the certificate.
"(16) Upon application in writing by the holder of a certificate in force
under this section the Minister shall revoke the certificate.
"(17) The Minister may, at any time, if he or she is satisfied that an
eligible organisation has failed to comply with a condition of a certificate
under this section, revoke the certificate forthwith and, by notice in
writing, inform the eligible organisation concerned of the revocation.
"(18) Where the Minister makes a decision under subsection (1), (2), (4), (5),
(7) or (9) to refuse to grant an approval in principle or a decision under
subsection (11) to vary a certificate in force under this section, the
Minister shall give the eligible organisation concerned notice in writing of
the decision. Transfers
"9AC. (1) Where:
(a) an eligible organisation has been granted an approval in principle for
the provision of financial assistance by way of recurrent subsidy in
respect of a specified number of hostel places under subsection 9AB
(3), (6), (8) or (10) in respect of a hostel; and
(b) the organisation informs the Minister, in writing, that it wishes that
that approval, so far as it relates to some or all of those hostel
places, be transferred to another hostel, or proposed hostel, in the
same State or Territory as the first-mentioned hostel; the Minister
may, in his or her discretion, upon appropriate application by the
organisation in accordance with the other provisions of this Act, give
effect to that request:
(c) by issuing a new approval in principle under section 9AB, or by
varying an approval in principle that has already been granted under
that section, in respect of that other hostel or proposed hostel;
(d) by revoking, at the time of that issue or variation, the approval in
principle referred to in paragraph (a), or by varying that approval in
principle to any necessary extent; and
(e) by entering, at an appropriate time, into an agreement under section
10FA for the purpose of giving effect to the approval in principle, or
the variation of an approval in principle, referred to in paragraph
(c); notwithstanding that to issue or vary the approval in principle
referred to in paragraph (c) or to enter into an agreement in
accordance with paragraph (e) would have the effect that the number of
committed hostel places, within the meaning of section 9AA, for a
particular region and during a relevant period would thereby exceed
the maximum number of hostel places specified under section 9AA for
that region and that period.
"(2) Where:
(a) an eligible organisation operates a hostel in respect of which a
number of hostel places are, under the terms of an agreement entered
into between that organisation and the Commonwealth under section
10FA, approved as places in respect of which financial assistance by
way of recurrent subsidy is payable; and
(b) the organisation informs the Minister, in writing, that it wishes that
that approval, so far as it relates to some or all of those hostel
places, be transferred to another hostel, or proposed hostel, in the
same State or Territory as the first-mentioned hostel; the Minister
may, in his or her discretion, upon appropriate application by the
organisation in accordance with the other provisions of this Act, give
effect to that request:
(c) by issuing a new approval in principle under section 9AB, or by
varying an approval in principle that has already been granted under
that subsection, in respect of that other hostel or proposed hostel;
(d) by revoking, at an appropriate time, the approval of that
first-mentioned hostel or by varying the agreement in relation to that
hostel to any necessary extent; and
(e) by entering, at an appropriate time, into an agreement under section
10FA for the purpose of giving effect to the approval in principle, or
the variation of an approval in principle, referred to in paragraph
(c); notwithstanding that to issue or vary the approval in principle
referred to in paragraph (c) or to enter into an agreement in
accordance with paragraph (e) would have the effect that the number of
committed hostel places, within the meaning of section 9AA, for a
particular State, Territory or region and during a relevant period
would thereby exceed the maximum number of hostel places specified
under section 9AA for that State, Territory or region and that
period.".
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