Health Legislation Amendment Act (No. 2) 1983 No. 139 of 1983 - SECT 40 Patients requiring extensive care

Health Legislation Amendment Act (No. 2) 1983 No. 139 of 1983 - SECT 40

40. (1) Section 40AF of the Principal Act is amended by inserting after
sub-section (4) the following sub-sections:

''(4A) Where the Permanent Head makes a decision under this section refusing
to approve a person as a person requiring extensive care or revoking such an
approval, he shall cause to be served, either personally or by post, 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 his 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.''.

(2) Section 40AF of the Principal Act is amended by omitting
''Permanent Head'' (wherever occurring) and substituting ''Minister''.

(3) Where-

   (a)  an application was made to the Permanent Head under section 40AF of
        the Principal Act before the date of commencement of sub-section (2)
        of this section; and

   (b)  immediately before that date, the Permanent Head had neither approved,
        nor refused to approve, the application, the application has effect,
        on and after that date, as if it were an application made to the
        Minister under section 40AF of the Principal Act as amended by this
        Act.

(4) An approval of the Permanent Head given under section 40AF of the
Principal Act before the date of commencement of sub-section (2) of this
section has effect, on and after that date, as if it had been given by the
Minister under section 40AF of the Principal Act as amended by this Act.