Commonwealth Numbered Acts

NURSING HOMES AND HOSTELS LEGISLATION AMENDMENT ACT 1986 No. 115, 1986 - SECT 9

9. Section 39A of the Principal Act is amended -

   (a)  by omitting sub-section (1);

   (b)  by omitting from sub-section (2) "made in accordance with the
        appropriate authorized form in response to an invitation under
        subsection (1)" and substituting "in writing";

   (c)  by omitting from sub-section (3) "made in accordance with the
        appropriate authorized form in response to an invitation under
        subsection (1)" and substituting "in writing";

   (d)  by omitting from sub-section (4) "made in accordance with the
        appropriate authorized form" and substituting "in writing";

   (e)  by inserting after sub-section (4) the following sub-sections:

"(4A) Where the Minister, pursuant to paragraph (2) (b), (3) (b) or (4) (b),
specifies a number of beds in a certificate granted under sub-section (2) or
(3), the Minister may determine, in writing, that such number of those beds as
is specified in the determination are approved in relation to a particular
special needs group or particular special needs groups.

"(4B) The Minister may, at any time, on application in writing by the holder
of a certificate in force under sub-section (2) or (3) or otherwise, revoke or
vary a determination made under sub-section (4A) in relation to the
certificate.";

   (f)  by omitting from sub-section (5) "(1), (2), (3) or (4)" and
        substituting "(2), (3), (4), (4A) or (4B)";

   (g)  by omitting from sub-section (6) "(1), (2), (3) and (4)" and
        substituting "(2), (3), (4), (4A) and (4B)";

   (h)  by omitting from sub-section (9) "prescribed" and substituting
        "specified by the Minister in writing"; and

   (j)  by omitting sub-sections (13) and (14) and substituting the following
        sub-sections:

"(13) Where the Minister makes a decision under sub-section (2), (3), (4),
(4A) or (4B) the Minister shall publish a notice in the Gazette that sets out
such particulars in relation to the decision as the Minister considers to be
appropriate.

"(14) Where the Minister makes a decision under sub-section (2), (3), (4),
(4A) or (4B) refusing, or otherwise than in accordance with, an application,
the Minister shall give the applicant notice in writing of the decision.".