HEALTH SERVICES ACT 1988 - SECT 161 Existing nursing homes and hostels not registered under the Health Act 1958

HEALTH SERVICES ACT 1988 - SECT 161

S. 161(1) amended by No. 53/1990 s. 26(a).

    (1)     A nursing home within the meaning of this Act in existence immediately before the commencement of this section but not registered under the Health Act 1958 is deemed to be registered under this Act.

S. 161(2) amended by No. 53/1990 s. 26(b).

    (2)     A hostel within the meaning of this Act in existence immediately before the commencement of this section but not registered under the Health Act 1958 is deemed to be registered under this Act.

    (3)     Where, by reason of this section, a nursing home or hostel is deemed to be registered under this Act—

S. 161(3)(a) amended by Nos 53/1990 s. 26(c)(i), 46/1998 s. 7(Sch. 1).

        (a)     the home or hostel is deemed to be registered for such period, not exceeding two years after the commencement of this section, as the Secretary determines unless the registration is sooner revoked under this Act; and

        (b)     the person who was the proprietor immediately before the commencement of this section is deemed to be approved as the proprietor, subject to any variation of the registration; and

S. 161(3)(c) amended by Nos 53/1990 s. 26(c)(ii), 46/1998 s. 7(Sch. 1).

        (c)     subject to any variation of the registration, the number of beds for which the home or hostel is registered is the number determined by the Secretary having regard to the number in respect of which payments under an Act of the Commonwealth are payable at the date of commencement of this section; and

        (d)     subject to any variation of the registration under this Act, the particulars of the registration are deemed to be the particulars applying to the carrying on of the home or hostel before the commencement of this section; and

S. 161(3)(e) amended by No. 46/1998 s. 7(Sch. 1).

        (e)     the Secretary must issue a certificate of registration accordingly; and

        (f)     this Act applies to the home or hostel as if it had been registered under this Act; and

S. 161(3)(g) amended by No. 46/1998 s. 7(Sch. 1).

        (g)     the Secretary may in consultation with the proprietor determine any necessary particulars of registration.