6 Applications to be an approved operator

If:

(a) a person had, before the commencement day, applied under section 39BA of the 1953 Act for approval as an approved operator; and

(b) as at the commencement day, the Minister had not yet made a decision on the application;

the application is taken, for the purposes of the new Act, to be an application made by the person, on the commencement day, under section 8-2 of the new Act, for approval as a provider of aged care.

7 Approved operators and proprietors

(1) A person who was an approved operator (within the meaning of Part V of the 1953 Act), or the proprietor (within the meaning of the 1953 Act) of an approved nursing home, immediately before the commencement day is taken, for the purposes of the new Act, to be an *approved provider if either of the following applies:

(a) a Commonwealth benefit (within the meaning of Part V of the 1953 Act) is or was payable to the person in respect of an approved nursing home patient, within the meaning of section 4 of the 1953 Act, for nursing home care received by the patient on the day before the commencement day;

(b) the person had been granted a certificate under section 39A of the 1953 Act, and the certificate was in force immediately before the commencement day.

Note: A person who does not satisfy either paragraph (1)(a) or (b) will need to apply under section 8-2 of the new Act in order to be approved as a *provider of *aged care under that Act.

(2) If a person is taken to be an *approved provider under subsection (1):

(a) the approval is taken, for the purposes of the new Act, to be limited under paragraph 8-1(2)(c) of the new Act:

(i) to *residential care provided through *aged care services that the person was conducting on the day before the commencement day; or

(ii) if paragraph (1)(b) applies—to residential care provided through aged care services proposed to be conducted at premises specified in the certificate granted to the person under section 39A of the 1953 Act; and

(b) the information provided in the application under section 39BA of the 1953 Act is taken, for the purposes of section 9‑1 of the new Act, to have been provided in an application under section 8-2 of the new Act; and

(c) if the person is not a *corporation on the commencement day—paragraph 10-3(1)(a) of the new Act does not apply to the approval.

8 Continuation of notice under section 39BB

(1) If:

(a) before the commencement day, the Minister had given a notice (the original notice) to the person under subsection 39BB(1) of the 1953 Act; and

(b) as at the commencement day, the Minister had not made a decision whether to revoke the person’s approval as an approved operator (within the meaning of the 1953 Act);

the original notice is taken to be a notice under subsection 10-3(3) of the new Act.

(2) If the person had, as at the commencement day, made a submission under subsection 39BB(2) of the 1953 Act:

(a) the submission is taken to be a submission given to the Secretary within the period referred to in paragraph 10‑3(3)(b) of the new Act; and

(b) the notice required by subsection 10-3(5) of the new Act must be given to the approved provider within 28 days after the commencement day.

(3) If:

(a) the person had not, as at the commencement day, made a submission under subsection 39BB(2) of the 1953 Act; and

(b) the commencement day occurred more than 14 days after the original notice was given;

then:

(c) the person is taken not to have given a submission to the Secretary within the period referred to in paragraph 10‑3(3)(b) of the new Act; and

(d) the Secretary must give the notice required by subsection 10‑3(5) of the new Act to the person within 28 days of the commencement day.

(4) If:

(a) the person had not, as at the commencement day, made a submission under subsection 39BB(2) of the 1953 Act; and

(b) the commencement day occurred not more than 14 days after the original notice was given;

the person is taken to have been invited under paragraph 10‑3(3)(b) of the new Act to make the submission referred to in that paragraph within 28 days of the commencement day.

9 Applications to be an approved operator

If:

(a) an organisation had, before the commencement day, applied under section 10AB of the 1954 Act for approval as an approved operator; and

(b) as at the commencement day, the Minister had not yet made a decision on the application;

the application is taken, for the purposes of the new Act, to be an application made by the organisation, on the commencement day, under section 8-2 of the new Act, for approval as a provider of aged care.

10 Approved operators

(1) An organisation that was an approved operator (within the meaning of section 10AB of the 1954 Act) immediately before the commencement day is taken, for the purposes of the new Act, to be an *approved provider if either of the following applies:

(a) financial assistance by way of recurrent subsidy is or was payable to the organisation in respect of the provision by the organisation, on the day before the commencement day, of hostel care services (within the meaning of the 1954 Act) or personal care services (within the meaning of the 1954 Act);

(b) the organisation was, immediately before the commencement day, the holder of a certificate under section 9AB of the 1954 Act for financial assistance by way of recurrent subsidy in respect of a hostel (within the meaning of the 1954 Act).

Note: An organisation that does not satisfy either paragraph (1)(a) or (b) will need to apply under section 8-2 of the new Act in order to be approved as a *provider of *aged care under that Act.

(2) If an organisation is taken to be an *approved provider under subsection (1):

(a) the approval is taken, for the purposes of the new Act, to be limited under paragraph 8-1(2)(c) of the new Act:

(i) to *residential care provided through *aged care services that the organisation was conducting, or proposed to conduct, on the day before the commencement day; or

(ii) if paragraph (1)(b) applies—to residential care provided through aged care services proposed to be conducted at the hostel specified in the certificate granted to the organisation under section 9AB of the 1954 Act; and

(b) the information provided in the application under section 10AB of the 1954 Act is taken, for the purposes of section 9‑1 of the new Act, to have been provided in an application under section 8-2 of the new Act; and

(c) if the organisation is not a *corporation on the commencement day—paragraph 10-3(1)(a) of the new Act does not apply to the approval.

(3) A reference in this section to a certificate under section 9AB of the 1954 Act includes a reference to such a certificate issued by virtue of subsection 9AC(1) of the 1954 Act in connection with an application under that subsection.

11 Continuation of notice under section 10AC

(1) If:

(a) before the commencement day, the Minister had given a notice (the original notice) to the person under subsection 10AC(1) of the 1954 Act; and

(b) as at the commencement day, the Minister had not made a decision whether to revoke the person’s approval as an approved operator (within the meaning of the 1954 Act);

the original notice is taken to be a notice under subsection 10-3(3) of the new Act.

(2) If the person had, as at the commencement day, made a submission under subsection 10AC(2) of the 1954 Act:

(a) the submission is taken to be a submission given to the Secretary within the period referred to in paragraph 10‑3(3)(b) of the new Act; and

(b) the notice required by subsection 10-3(5) of the new Act must be given to the approved provider within 28 days after the commencement day.

(3) If:

(a) the person had not, as at the commencement day, made a submission under subsection 10AC(2) of the 1954 Act; and

(b) the commencement day occurred more than 14 days after the original notice was given;

then:

(c) the person is taken not to have given a submission to the Secretary within the period referred to in paragraph 10‑3(3)(b) of the new Act; and

(d) the Secretary must give the notice required by subsection 10‑3(5) of the new Act to the person within 28 days of the commencement day.

(4) If:

(a) the person had not, as at the commencement day, made a submission under subsection 10AC(2) of the 1954 Act; and

(b) the commencement day occurred not more than 14 days after the original notice was given;

the person is taken to have been invited under paragraph 10‑3(3)(b) of the new Act to make the submission referred to in that paragraph within 28 days of the commencement day.

12 Applications to be an approved provider of community aged care services

If:

(a) an organisation had, before the commencement day, applied for approval under section 10GC of the 1954 Act; and

(b) as at the commencement day, the Minister had not yet made a decision on the application;

13 Approved providers of community aged care services

(1) If:

(a) an approval was in force under section 10GC of the 1954 Act in relation to an organisation immediately before the commencement day; and

(b) financial assistance by way of recurrent subsidy is or was payable to the organisation in respect of the provision by the organisation, on the day before the commencement day, of community aged care services packages (within the meaning of the 1954 Act);

the organisation is taken, for the purposes of the new Act, to be an *approved provider.

Note: An organisation that does not satisfy either paragraph (1)(a) or (b) will need to apply under section 8-2 of the new Act in order to be approved as a provider of *aged care under that Act.

(2) If a person is taken to be an *approved provider under subsection (1):

(a) the approval is taken, for the purposes of the new Act, to be limited under paragraph 8-1(2)(c) of the new Act to community care provided through *aged care services that the person was conducting, or proposed to conduct, on the day before the commencement day; and

(b) the information provided in the application under section 10GC of the 1954 Act is taken, for the purposes of section 9‑1 of the new Act, to have been provided in an application under section 8-2 of the new Act; and

(c) if the organisation is not a *corporation on the commencement day—paragraph 10-3(1)(a) of the new Act does not apply to the approval.

14 Continuation of notice under section 10GD

(1) If:

(a) before the commencement day, the Minister had given a notice (the original notice) to an organisation under subsection 10GD(1) of the 1954 Act; and

(b) as at the commencement day, the Minister had not made a decision whether to revoke the organisation’s approval as an approved operator (within the meaning of the 1954 Act);

the original notice is taken to be a notice under subsection 10-3(3) of the new Act.

(2) If the organisation had, as at the commencement day, made a submission under subsection 10GD(2) of the 1954 Act:

(a) the submission is taken to be a submission given to the Secretary within the period referred to in paragraph 10‑3(3)(b) of the new Act; and

(b) the notice required by subsection 10-3(5) of the new Act must be given to the organisation within 28 days after the commencement day.

(3) If:

(a) the organisation had not, as at the commencement day, made a submission under subsection 10GD(2) of the 1954 Act; and

(b) the commencement day occurred more than 14 days after the original notice was given;

then:

(c) the organisation is taken not to have given a submission to the Secretary within the period referred to in paragraph 10‑3(3)(b) of the new Act; and

(d) the Secretary must give the notice required by subsection 10‑3(5) of the new Act to the organisation within 28 days of the commencement day.

(4) If:

(a) the organisation had not, as at the commencement day, made a submission under subsection 10GD(2) of the 1954 Act; and

(b) the commencement day occurred not more than 14 days after the original notice was given;

the organisation is taken to have been invited under paragraph 10‑3(3)(b) of the new Act to make the submission referred to in that paragraph within 28 days of the commencement day.

Part 2.2—Allocation of places

15 Applications for approval in principle of nursing homes

(1) If:

(a) a person had, before the commencement day, applied under subsection 39A(2) or (3) of the 1953 Act for a certificate under that section in relation to premises; and

(b) as at the commencement day, the Minister had not yet made a decision on the application;

the application is taken, for the purposes of the new Act, to be an application made, on the commencement day, under section 13-1 of the new Act for an allocation of *places in respect of *residential care subsidy.

(2) For the purposes of the new Act, the application is taken to be a valid application that meets all the requirements of section 13-1 of the new Act.

16 Approvals in principle of nursing homes

(1) Subject to subsection (5), if a certificate under section 39A of the 1953 Act was in force in relation to premises immediately before the commencement day, for the purposes of the new Act:

(a) the Secretary is taken, on that day, to have allocated under section 14-1 of the new Act, to the holder of the certificate, a number of *places equal to the number of beds to which the certificate related immediately before that day; and

(b) the specifications, and any other conditions, set out in the certificate are taken, on that day, to be conditions:

(i) to which the allocation is subject under section 14-5 of the new Act; and

(ii) that the Secretary has specified, under subsection 14‑5(2) of the new Act, to be conditions that must be met before a determination can be made under section 15-1 of the new Act; and

(d) the *provisional allocation period is a period equal to the amount of time that, immediately before that day, remained of the period for which the certificate was in force.

(2) The allocation of places referred to in paragraph (1)(a) is taken to be in respect of *residential care subsidy.

(3) For the purposes of paragraph (1)(a), the holder of the certificate is the person who was, immediately before that day, the holder of the certificate.

(4) For the purposes of this section, a certificate under section 39A of the 1953 Act is taken not to be in force in relation to premises immediately before the commencement day if:

(a) in a case where the certificate was granted under subsection 39A(3) of the 1953 Act—the Minister has exercised his or her powers under subsection 40AD(1) of the 1953 Act, in respect of matters dealt with in the certificate, in relation to the conditions applicable to the nursing home on those premises; or

(b) in any other case—an approval of the premises was in force under section 40AA of the 1953 Act immediately before that day.

(5) This section does not apply in relation to a certificate under subsection 39A(3A) of the 1953 Act.

17 Applications to vary or revoke approvals in principle of nursing homes

(1) Subject to subsection (2), if:

(a) a person had, before the commencement day, applied under subsection 39A(4) of the 1953 Act for a variation of a certificate under section 39A of the 1953 Act; and

(b) immediately before the commencement day, the certificate was still in force; and

the application is taken, for the purposes of the new Act, to be an application made, on the commencement day, under section 15-5 of the new Act for a variation of the *provisional allocation that, under section 16 of this Act, is taken to have been made in respect of the certificate.

(2) If:

(a) a person had, before the commencement day, applied under subsection 39A(4) of the 1953 Act for a variation of a certificate under section 39A of the 1953 Act; and

(b) the application sought the deletion of the number of beds specified in the certificate and the substitution of a higher number of beds; and

(d) as at the commencement day, the Minister had not yet made a decision on the application;

the application is taken, for the purposes of the new Act, to be an application made, on the commencement day, under section 13-1 of the new Act for an allocation of *places, of a number equal to the increase in the number of beds that was sought, in respect of *residential care subsidy.

(3) For the purposes of the new Act, the application referred to in subsection (2) is taken to be a valid application that meets all the requirements of section 13-1 of the new Act.

(4) If:

(a) a person had, before the commencement day, applied under subsection 39A(11) of the 1953 Act for revocation of a certificate under section 39A of the 1953 Act; and

(b) immediately before the commencement day, the certificate was still in force; and

the application is taken, for the purposes of the new Act, to be a notice in writing under section 15-6 of the new Act, given to the Secretary on the commencement day, surrendering the *provisional allocation that, under section 16 of this Act, is taken to have been made in respect of the certificate.

18 Applications for approval of nursing homes without section 39A or 39B certificates

(1) If:

(a) a person had, before the commencement day, applied under section 40AA of the 1953 Act for the approval of premises as an approved nursing home; and

(b) immediately before the commencement day, the premises were not the subject of a certificate under section 39A or 39B of the 1953 Act; and

(2) For the purposes of the new Act, the application is taken to be a valid application that meets all of the requirements of section 13-1 of the new Act.

19 Applications for approval of nursing homes with section 39A certificates

(1) If:

(a) immediately before the commencement day, a certificate under section 39A of the 1953 Act was in force in relation to the premises; and

(b) the person had, before the commencement day, made an application, relating to the certificate:

(i) under section 40AA of the 1953 Act for approval of the premises as an approved nursing home; or

(ii) under subsection 40AD(1) of the 1953 Act for the alteration of the conditions applicable to the nursing home in question; and

the application is taken, for the purposes of the new Act, to be an application made, on the commencement day, under section 15-1 of the new Act for a determination by the Secretary in respect of the *places referred to in paragraph 16(1)(a) of this Act in relation to that certificate.

(2) The Secretary may specify, in a determination under section 15‑1 of the new Act in respect of those *places, conditions to which the allocation of those places is to be subject.

(3) For the purposes of the new Act, any conditions specified under subsection (2) of this section are taken to be conditions to which the allocation of those *places is subject under section 14‑5 of the new Act.

(4) The Secretary must not refuse an application that, under subsection (1) of this section, is taken to be an application made under section 15-1 of the new Act unless the Secretary is not satisfied that the specifications set out in the certificate in question have been complied with.

20 Approvals of nursing homes

(1) Subject to subsection (5), if an approval of premises as an approved nursing home under section 40AA of the 1953 Act was in force immediately before the commencement day, for the purposes of the new Act:

(a) the Secretary is taken, on that day, to have allocated under section 14-1 of the new Act, to the proprietor (within the meaning of the 1953 Act) of the nursing home, a number of *places equal to the number of beds to which the approval related immediately before that day; and

(b) subject to subsection (4), the conditions to which the approval was, immediately before that day, subject under subsections 40AA(5A) and (6) of the 1953 Act are taken, on that day, to be conditions to which the allocation is subject under section 14-5 of the new Act; and

(i) the places are allocated in respect of the location at which the premises are situated; and

(ii) any *care provided, in respect of the places, must be provided at that location; and

(d) the Secretary is taken, on that day, to have determined under section 15-1 of the new Act that the proprietor is in a position to provide care, in respect of those places, for which subsidy under Chapter 3 of the new Act may be paid.

(2) The allocation of places referred to in paragraph (1)(a) is taken to be in respect of *residential care subsidy.

(3) The reference in paragraph (1)(b) to the conditions to which the approval was subject under subsections 40AA(5A) and (6) of the 1953 Act includes a reference to:

(a) any determination made, in relation to the approval, under subsection 40AA(6AAB) of the 1953 Act; and

(b) any modifications made to those conditions under section 40AAA of the 1953 Act; and

(4) Paragraph (1)(b) of this section does not apply to the conditions referred to in paragraphs 40AA(6)(ab), (b), (bc), (bd), (cd), (cf), (cg), (cj), (ck) and (cl) of the 1953 Act.

(5) This section does not apply to an approved nursing home that is a Government nursing home within the meaning of the 1953 Act.

21 Applications for approval in principle of transfers

(1) Subject to subsection (5), if:

(a) a person had, before the commencement day, applied under section 39B of the 1953 Act for a certificate under that section in relation to premises; and

(b) as at the commencement day, the Minister had not yet made a decision on the application; and

(c) on the commencement day, an allocation of *places is taken, under section 16 of this Act, to have been made in respect of a certificate under section 39A of the 1953 Act relating to those premises;

the application is taken, for the purposes of the new Act, to be an application made, on the commencement day, under section 15-5 of the new Act for a variation of the conditions to which the allocation of places is subject.

(2) Subject to subsection (5), if:

(a) a person had, before the commencement day, applied under section 39B of the 1953 Act for a certificate under that section in relation to premises; and

(b) as at the commencement day, the Minister had not yet made a decision on the application; and

(c) on the commencement day, an allocation of *places is taken, under section 20 of this Act, to have been made in respect of an approval under section 40AA of the 1953 Act relating to those premises;

the application is taken, for the purposes of the new Act, to be an application made, on the commencement day, under section 17-2 of the new Act for a variation of the conditions to which the allocation of places is subject.

(3) The variation that, under subsection (1) or (2) of this section, is taken to have been applied for is a variation to the effect that the location in respect of which the *places are allocated is the location of the different premises specified in the application under section 39B of the 1953 Act.

(4) For the purposes of the new Act:

(a) an application to which subsection (1) of this section applies is taken to meet all the requirements of subsection 15-5(3) of the new Act; and

(b) an application to which subsection (2) of this section applies is taken to meet all the requirements of section 17-2 of the new Act.

(5) This section does not apply if, immediately before the commencement day, some or all of the beds in the approved nursing home located on the premises were occupied.

22 Approvals in principle of transfers

(1) If:

(a) a certificate under section 39B of the 1953 Act was in force in relation to premises immediately before the commencement day; and

(b) on the commencement day, an allocation of *places is taken to have been made, under section 16 of this Act, in respect of a certificate under section 39A of the 1953 Act relating to those premises;

the Secretary is taken, on the commencement day, to have approved a variation, under section 15-5 of the new Act, to the conditions to which the allocation of places is subject.

(2) If:

(a) a certificate under section 39B of the 1953 Act was in force in relation to premises immediately before the commencement day; and

(b) on the commencement day, an allocation of *places is taken to have been made, under section 20 of this Act, in respect of an approval under section 40AA of the 1953 Act relating to those premises;

the Secretary is taken, on the commencement day, to have approved a variation, under section 17-1 of the new Act, to the conditions to which the allocation of places is subject.

(3) The variation that, under this section, is taken to have been approved is a variation to the effect that the location in respect of which the *places are allocated is the location of the different premises specified in the certificate under section 39B of the 1953 Act.

23 Applications to alter conditions of approval of nursing homes

(1) Subject to subsection (4), if:

(a) a person had, before the commencement day, applied under subsection 40AD(1) of the 1953 Act for the alteration of the conditions applicable to an approved nursing home; and

(b) the alteration sought was a reduction in the number of beds determined in relation to the nursing home for the purposes of paragraph 40AA(6)(a) of the 1953 Act; and

(d) as at the commencement day, the Minister had not yet made a decision on the application;

the application is taken, for the purposes of the new Act, to be:

(e) if the application is made in connection with an application under section 39A of the 1953 Act by another person—an application made on the commencement day, under section 16-2 of the new Act, for the transfer to that other person of *places of a number equal to the reduction in the number of beds referred to in paragraph (b); or

(f) in any other case—a notice in writing under section 18-2 of the new Act, given to the Secretary on the commencement day, *relinquishing *places of a number equal to the reduction in the number of beds referred to in paragraph (b).

(2) If paragraph (1)(e) applies, in considering the application under Division 16 of the new Act, the Secretary is subject to the same requirements that would have applied, under subsection 40AD(1CA) or (1CB) of the 1953 Act, to the Minister if the application were being considered under subsection 40AD(1) of the 1953 Act.

(3) If paragraph (1)(f) applies, subsections 18-2(2), (3) and (4) and sections 18-3 and 18-4 of the new Act do not apply to the notice or the *relinquishment.

(4) This section does not apply if, immediately before the commencement day, some or all of the beds in the nursing home that correspond to the *places that are the subject of the application referred to in paragraph (1)(e) or (f) are occupied.

24 Applications for approval in principle of hostels

(1) If:

(a) an organisation had, before the commencement day, applied under subsection 9AB(1), (4), (7) or (9) of the 1954 Act for financial assistance by way of recurrent subsidy in respect of a hostel; and

(b) as at the commencement day, the Minister had not yet made a decision on the application;

(2) For the purposes of the new Act, the application is taken to be a valid application that meets all the requirements of section 13-1 of the new Act.

25 Approvals in principle of hostels

(1) If, immediately before the commencement day, a certificate under subsection 9AB(1), (4), (7) or (9) of the 1954 Act was in force for financial assistance by way of recurrent subsidy in respect of a hostel:

(a) the Secretary is taken, on that day, to have allocated under section 14-1 of the new Act, to the holder of the certificate, a number of *places equal to the number of hostel places (within the meaning of the 1954 Act) to which the certificate related immediately before that day; and

(b) the terms in the certificate are taken, on that day, to be conditions:

(i) to which the allocation is subject under section 14-5 of the new Act; and

(ii) that the Secretary has specified, under subsection 14‑5(3) of the new Act, to be conditions that must be met before a determination can be made under section 15-1 of the new Act; and

(d) the *provisional allocation period is a period equal to the amount of time that, immediately before that day, remained of the period for which the certificate was in force.

(2) The allocation of places referred to in paragraph (1)(a) is taken to be in respect of *residential care subsidy.

(3) For the purposes of paragraph (1)(a), the holder of the certificate is the organisation that was, immediately before that day, the holder of the certificate.

(4) For the purposes of this section, a certificate under section 9AB of the 1954 Act, for financial assistance by way of recurrent subsidy in respect of a hostel, is taken not to be in force immediately before that day if an approval of the hostel was in force under section 10B of the 1954 Act immediately before that day.

(5) A reference in this section to a certificate under section 9AB of the 1954 Act includes a reference to such a certificate issued by virtue of subsection 9AC(1) of the 1954 Act in connection with an application under that subsection.

26 Applications to vary or revoke approvals in principle of hostels

(1) Subject to subsection (2), if:

(a) an organisation had, before the commencement day, applied under subsection 9AB(11) or 9AC(1) of the 1954 Act for a variation of a certificate under section 9AB of the 1954 Act; and

(b) immediately before the commencement day, the certificate was still in force; and

the application is taken, for the purposes of the new Act, to be an application made, on the commencement day, under section 15-5 of the new Act for a variation of the *provisional allocation that, under section 25 of this Act, is taken to have been made in respect of the certificate.

(2) If:

(a) an organisation had, before the commencement day, applied under subsection 9AB(11) of the 1954 Act for a variation of a certificate under section 9AB of the 1954 Act; and

(b) the application sought the deletion of the number of hostel places (within the meaning of the 1954 Act) or respite care places (within the meaning of the 1954 Act) specified in the certificate and the substitution of a higher number of hostel places or respite care places; and

(d) as at the commencement day, the Minister had not yet made a decision on the application;

the application is taken, for the purposes of the new Act, to be an application made, on the commencement day, under section 13-1 of the new Act for an allocation of *places, of a number equal to the increase in the number of hostel places or respite care places that was sought, in respect of *residential care subsidy.

(3) For the purposes of the new Act, the application referred to in subsection (2) is taken to be a valid application that meets all the requirements of section 13-1 of the new Act.

(4) If:

(a) an organisation had, before the commencement day, applied under subsection 9AB(16) or 9AC(1) of the 1954 Act for revocation of a certificate under section 9AB of the 1954 Act; and

(b) immediately before the commencement day, the certificate was still in force; and

the application is taken, for the purposes of the new Act, to be a notice in writing under section 15-6 of the new Act, given to the Secretary on the commencement day, surrendering the *provisional allocation that, under section 25 of this Act, is taken to have been made in respect of the certificate.

27 Applications for approval of hostels without section 9AB certificates

(1) If:

(a) an organisation had, before the commencement day, applied under section 10B of the 1954 Act for the approval of a hostel for financial assistance by way of recurrent subsidy; and

(b) immediately before the commencement day, the hostel was not the subject of a certificate under section 9AB of the 1954 Act for financial assistance by way of recurrent subsidy; and

(2) Subject to paragraph 13-1(d) of the new Act, the application is taken to be a valid application for the purposes of the new Act.

28 Applications for approval of hostels with section 9AB certificates

(1) If:

(a) an organisation had, before the commencement day, applied under section 10B of the 1954 Act for the approval of a hostel for financial assistance by way of recurrent subsidy; and

(b) immediately before the commencement day, a certificate under section 9AB of the 1954 Act was in force for financial assistance by way of recurrent subsidy in respect of the hostel; and

the application is taken, for the purposes of the new Act, to be an application made, on the commencement day, under section 15-1 of the new Act, for a determination by the Secretary in respect of the *places referred to in paragraph 25(1)(a) of this Act in relation to that certificate.

(2) The Secretary may specify, in a determination under section 15‑1 of the new Act in respect of those *places, conditions to which the allocation of those places is to be subject.

(4) A reference in this section to a certificate under section 9AB of the 1954 Act includes a reference to such a certificate issued by virtue of subsection 9AC(1) of the 1954 Act in connection with an application under that subsection.

(5) The Secretary must not refuse an application that, under subsection (1) of this section, is taken to be an application made under section 15-1 of the new Act unless the Secretary is not satisfied that the conditions set out in the certificate in question have been complied with.

29 Approvals of hostels

(1) If, immediately before the commencement day, an approval of a hostel for financial assistance by way of recurrent subsidy was in force under section 10B of the 1954 Act, for the purposes of the new Act:

(a) the Secretary is taken, on that day, to have allocated under section 14-1 of the new Act, to the holder of the approval, a number of *places equal to the number of hostel places (within the meaning of the 1954 Act) to which the approval related immediately before that day; and

(b) the General Conditions formulated under section 10F of the 1954 Act, as in force immediately before that day, are taken, on that day, to be conditions to which the allocation is subject under section 14-5 of the new Act; and

(i) the places are allocated in respect of the location at which the hostel is situated; and

(ii) any *care provided, in respect of the places, must be provided at that location; and

(d) the Secretary is taken, on that day, to have determined under section 15-1 of the new Act that the holder of the approval is in a position to provide care, in respect of those places, for which subsidy under Chapter 3 of the new Act may be paid.

(2) Subject to subsection (3), the allocation of *places referred to in paragraph (1)(a) is taken to be in respect of *residential care subsidy.

(3) If, on the commencement day, *community care is being *provided in respect of the *places, the allocation of places referred to in paragraph (1)(a) is taken to be in respect of *community care subsidy.

(4) For the purposes of subsection (1), the holder of the approval is the organisation that applied under section 10B of the 1954 Act for approval of the premises.

30 Applications for approval in principle of transfers

(1) Subject to subsection (5), if:

(a) an organisation had, before the commencement day, made a request under subsection 9AC(1) of the 1954 Act in relation to premises; and

(b) as at the commencement day, the Minister had not yet made a decision on the request; and

(c) on the commencement day, an allocation of *places is taken, under section 25 of this Act, to have been made in respect of a certificate under section 9AB of the 1954 Act relating to those premises;

(2) Subject to subsection (5), if:

(a) an organisation had, before the commencement day, made a request under subsection 9AC(2) of the 1954 Act for a certificate under that section in relation to premises; and

(b) as at the commencement day, the Minister had not yet made a decision on the request; and

(c) on the commencement day, an allocation of *places is taken, under section 29 of this Act, to have been made in respect of an approval under section 10B of the 1954 Act relating to those premises;

(4) For the purposes of the new Act:

(a) an application to which subsection (1) of this section applies is taken to meet all the requirements of subsection 15-5(3) of the new Act; and

(b) an application to which subsection (2) of this section applies is taken to meet all the requirements of section 17-2 of the new Act.

(5) This section does not apply if, immediately before the commencement day, some or all of the hostel places (within the meaning of the 1954 Act) in the hostel located on the premises were occupied.

31 Applications for revocation of approvals of hostels

(1) Subject to subsection (3), if:

(a) an application had, before the commencement day, been made under subsection 10FAA(3) of the 1954 Act for revocation of the approval of a hostel granted under section 10B of the 1954 Act; and

(b) immediately before the commencement day, approval of the hostel was still in force; and

(c) as at the commencement day, the Minister had not yet made a determination under subsection 10FAA(3) of the 1954 Act or notified the applicant that such a determination would not be made;

the application is taken, for the purposes of the new Act, to be:

(d) if the application is made in connection with an application under section 9AB of the 1954 Act by another person—an application made on the commencement day, under section 16-2 of the new Act, for the transfer to that other person of *places of a number equal to the number of hostel places (within the meaning of the 1954 Act) in the hostel; or

(e) in any other case—a notice in writing under section 18-2 of the new Act, given to the Secretary on the commencement day, *relinquishing *places of a number equal to that number of hostel places.

(2) If paragraph (1)(e) applies, subsections 18-2(2), (3) and (4) and sections 18-3 and 18-4 of the new Act do not apply to the notice or the *relinquishment.

(3) This section does not apply if, immediately before the commencement day, some or all of the hostel places (within the meaning of the 1954 Act) in the hostel were occupied.

32 Applications for financial assistance for community aged care services packages

(1) If:

(a) an organisation had, before the commencement day, applied under section 10GF of the 1954 Act for financial assistance for community aged care services packages (within the meaning of the 1954 Act); and

(b) as at the commencement day, the Minister had not yet made a decision on the application;

(2) For the purposes of the new Act, the application is taken to be a valid application that meets all the requirements of section 13-1 of the new Act.

33 Approvals of financial assistance for community aged care services packages

(1) If, immediately before the commencement day, an approval for financial assistance for community aged care services packages (within the meaning of the 1954 Act) was in force under section 10GF of the 1954 Act, for the purposes of the new Act:

(a) the Secretary is taken, on that day, to have allocated under section 14-1 of the new Act, to the approved provider, a number of *places equal to the number of community aged care services packages (within the meaning of the 1954 Act) to which the approval related immediately before that day; and

(b) both:

(i) the general conditions for the provision of financial assistance under Part IIIA of the 1954 Act, formulated under section 10GI of the 1954 Act and as in force immediately before that day; and

(ii) any other conditions of a kind referred to in paragraph 10GG(1)(e) of the 1954 Act that, under an agreement entered into by the approved provider under section 10GG of the 1954 Act, are in force immediately before that day;

are taken on that day, to be conditions to which the allocation is subject under section 14-5 of the new Act; and

(i) the places are allocated in respect of specified locations within regions in which the community aged care services packages are, immediately before that day, provided; and

(ii) any *care provided, in respect of the places, must be provided at those locations; and

(d) the Secretary is taken, on that day, to have determined under section 15-1 of the new Act that the approved provider is in a position to provide care, in respect of those places, for which subsidy under Chapter 3 of the new Act may be paid.

(2) The allocation of places referred to in paragraph (1)(a) is taken to be in respect of *community care subsidy.

(3) For the purposes of subsection (1), the approved provider is the organisation that was the approved provider (within the meaning of section 10GC of the 1954 Act) that, immediately before the commencement day, was providing, or proposing to provide, the community aged care services packages in question.

34 Applications to revoke approvals of financial assistance for community aged care services packages

(1) If:

(a) an organisation had, before the commencement day, applied under section 10GL of the 1954 Act for revocation of an approval for financial assistance for community aged care services packages (within the meaning of the 1954 Act); and

(b) immediately before the commencement day, the approval was still in force; and

the application is taken, for the purposes of the new Act, to be a notice in writing under section 18-2 of the new Act, given to the Secretary on the commencement day, *relinquishing the allocation that, under section 33 of this Act, is taken to have been made in respect of the approval.

(2) Subsections 18-2(2), (3) and (4) and sections 18-3 and 18-4 of the new Act do not apply to the notice or the *relinquishment.

Part 2.3—Approval of care recipients

35 Applications for approval for admission to a nursing home

If:

(a) a person had, before the commencement day, applied, on the person’s behalf or on behalf of another person, under subsection 40AA(8) or section 40AB of the 1953 Act, for approval for the admission of the person, or of the other person, to an approved nursing home; and

(b) as at the commencement day, the Minister had not yet made a decision on the application;

the application is taken, for the purposes of the new Act, to be an application made, on the commencement day, under section 22-3 of the new Act for approval of the person, or the other person, as a recipient of *residential care.

36 Approvals for admission to a nursing home

(1) A person is taken, for the purposes of the new Act, to be approved under Part 2.3 of the new Act as a recipient of *residential care if, immediately before the commencement day, an approval was in force under subsection 40AA(8) or section 40AB of the 1953 Act in respect of the person.

(2) For the purposes of the new Act, if, under subsection (1), a person is taken to be so approved:

(a) the approval lapses if the person is not, or has not been, provided with *residential care within the period specified in the instrument of approval relating to the person’s approval under subsection 40AA(8) or section 40AB of the 1953 Act; and

(b) the reference in paragraph 23-1(b) of the new Act to section 23-3 of the new Act is taken, in relation to the person, to be a reference to paragraph (a) of this subsection; and

(3) The Approval of Care Recipient Principles made for the purposes of Part 2.3 of the new Act may specify a *classification level that applies to each approval referred to in subsection (1).

Note: The approval of Care Recipients are made by the Minister under section 96-1 of the new Act.

(4) If those Principles specify a *classification level, each of the approvals is taken to be limited, under subsection 22-2(3) of the new Act, to a level of care corresponding to that classification level.

(5) If the approval in force under subsection 40AA(8) or section 40AB of the 1953 Act in respect of the person contained a limitation that the Secretary could have imposed under subsection 22-2(1) of the new Act, the approval is taken, for the purposes of the new Act, to be so limited.

37 Admission to a nursing home prior to approval

If:

(a) before the commencement day, a person is admitted to an approved nursing home without the admission being approved under subsection 40AA(8) or section 40AB of the 1953 Act; and

(b) on or after the commencement day, the person is approved under Part 2.3 of the new Act as a recipient of *residential care; and

(c) under subsection 22-5(2) of the new Act, the approval is taken to have had effect from the day on which the residential care started;

the person is to be taken, for the purposes of the 1953 Act, to have been approved under subsection 40AA(8) or section 40AB of the 1953 Act on the day the person was admitted to the nursing home.

38 Eligible persons

(1) A person is taken, for the purposes of the new Act, to be approved under Part 2.3 of the new Act as a recipient of *residential care if, immediately before the commencement day, the person is a person to whom paragraph (a) or (c) of the definition of eligible person in subsection 2(1) of the 1954 Act applies.

(2) For the purposes of the new Act, if:

(a) the person is a person to whom subparagraph (c)(i) of that definition applies; and

(b) immediately before the commencement day, the person is being *provided with *respite care through a *residential care service;

the person’s approval is taken to have been limited by the Secretary under paragraph 22-2(1)(c). For the purposes of that paragraph, the period, on and after the commencement day, for which that respite care is provided is taken to be the period specified in the limitation.

(3) For the purposes of the new Act, if, under subsection (1), a person is taken to be so approved:

(a) the approval lapses if the person is not, or has not been, provided with *residential care within the period specified in the instrument of approval relating to the person’s approval made under the General Conditions under section 10F of the 1954 Act; and

(b) the reference in paragraph 23-1(b) of the new Act to section 23-3 of the new Act is taken, in relation to the person, to be a reference to paragraph (a) of this subsection; and

(4) The Approval of Care Recipient Principles made for the purposes of Part 2.3 of the new Act may specify a *classification level that applies to each approval referred to in subsection (1).

Note: The approval of Care Recipients are made by the Minister under section 96-1 of the new Act.

(5) If those Principles specify a *classification level, each of the approvals is taken to be limited, under subsection 22-2(3) of the new Act, to a level of care corresponding to that classification level.

(6) If the approval in force under the 1954 Act in respect of the person contained a limitation that the Secretary could have imposed under subsection 22-2(1) of the new Act, the approval is taken, for the purposes of the new Act, to be so limited.

Part 2.4—Classification of care recipients

39 Eligible persons

(1) A person is taken, for the purposes of the new Act, to be approved under Part 2.3 of the new Act as a recipient of *community care if, immediately before the commencement day, the person is a person to whom paragraph (d) of the definition of eligible person in subsection 2(1) of the 1954 Act applies.

(2) For the purposes of the new Act, if, under subsection (1), a person is taken to be so approved:

(a) the approval lapses if the person is not, or has not been, provided with *community care within the period specified in the instrument of approval relating to the person’s approval made under the General Conditions under section 10GI of the 1954 Act; and

(b) the reference in paragraph 23-1(b) of the new Act to section 23-3 of the new Act is taken, in relation to the person, to be a reference to paragraph (a) of this subsection; and

(3) If the approval in force under the 1954 Act in respect of the person contained a limitation that the Secretary could have imposed under subsection 22-2(1) of the new Act, the approval is taken, for the purposes of the new Act, to be so limited.

40 Continuation of classifications under 1953 Act

If, immediately before the commencement day, a determination under subsection 40AFA(5) of the 1953 Act giving a classification (the original classification) to a particular person was in force:

(a) the determination continues in force as if section 40AFA of the 1953 Act had not been repealed; and

(b) section 40AFA of the 1953 Act (including any instruments in force under that section as at the commencement day) continues to apply in respect of the classification as if it had not been repealed.

41 Person admitted to nursing home before commencement day but no classification in force on that day

(1) Subject to this section and to section 42, if:

(a) a person was admitted to an approved nursing home before the commencement day; and

(b) immediately before the commencement day, section 40AFA of the 1953 Act applied to the person; and

(c) immediately before the commencement day, no determination under subsection 40AFA(5) of the 1953 Act was in force in relation to the person;

then:

(d) sections 40AFA, 40AFD and 40AFDA of the 1953 Act (including any determinations under subsection 40AFA(3)) continue to apply in relation to the person as if they had not been repealed; and

(e) any determination made after the commencement day under subsection 40AFA(5) in respect of the person continues in force as if section 40AFA of the 1953 Act had not been repealed.

(2) If the proprietor (within the meaning of the 1953 Act) of the approved nursing home to which the person was admitted had not, as at the commencement day:

(a) made an application under subsection 40AFC(1) of the 1953 Act in respect of the person; or

(b) made an application under subsection 40AFD(1) or (2) of the 1953 Act in respect of the person;

the proprietor may, within 3 months of the commencement day, make an application under subsection 40AFD(1) of the 1953 Act in respect of the person.

(3) If the proprietor does not make the application within that period, the Secretary is taken to have made a determination under subsection 40AFA(5) of the 1953 Act giving the person the lowest classification.

42 Undecided section 40AFD applications—classification to expire after commencement day

If:

(a) before the commencement day, an application was made under subsection 40AFD(2) of the 1953 Act for a further classification in respect of a person; and

(b) as at the commencement day, the application had not been decided; and

(c) if section 40AFA of the 1953 Act had not been repealed, the person’s classification under the 1953 Act would have expired on or after the day before the commencement day;

the application is taken, for the purposes of the new Act, to be an appraisal in respect of the person under section 25-3 of the new Act. It is taken to have been received by the Secretary on the commencement day.

43 Review by Secretary

(1) Despite the repeal of section 40AFE of the 1953 Act, that section continues to apply, after the commencement day, in relation to a classification under subsection 40AFA(5) of the 1953 Act, as if that section had not been repealed.

(2) However, if, after the commencement day:

(a) the Secretary revokes a classification under paragraph 40AFE(2)(b) of the 1953 Act; and

(b) substitutes another classification (the substituted classification);

the substituted classification is taken to cease to have effect on the day on which the original classification would have ceased to have had effect if it had not been revoked.

44 Appeals to Minister

(1) Despite the repeal of section 40AFF of the 1953 Act, that section continues to apply, after the commencement day, to a decision under section 40AFE of the 1953 Act, as if that section had not been repealed.

(2) However, if, after the commencement day:

(a) the Minister makes a decision under paragraph 40AFF(3)(b); and

(b) the decision has the effect that a classification is revoked and another classification is substituted (the substituted classification);

the substituted classification is taken to cease to have effect on the day on which the original classification would have ceased to have effect if it had not been revoked.

45 Certain suspension conditions taken to be satisfied

If reviews (within the meaning of subsection 40AFG(1) of the 1953 Act) have, in a substantial number of cases, resulted in:

(a) classifications (within the meaning of the 1953 Act) being revoked on the ground that they were based on inaccurate information given by a particular proprietor (within the meaning of the 1953 Act); and

(b) lower classifications being substituted for them;

paragraphs 25-4(1)(a) and (b) of the new Act are taken to be satisfied in respect of the approved provider who was, immediately before the commencement of the new Act, the proprietor referred to in paragraph (a) of this section.

46 Suspensions under 1953 Act from making classifications to continue under new Act

(1) If, immediately before the commencement day, a determination under subsection 40AFG(2) of the 1953 Act is in force that:

(a) specifies that section 40AFD of the 1953 Act does not apply in relation to a particular proprietor (within the meaning of the 1953 Act); and

(b) nominates the person or body who is to make applications for the purposes of that section in the place of that nursing home proprietor;

the Secretary is to be taken:

(d) to have authorised the nominated person or body under section 25-5 of the new Act to make assessments of care recipients to whom care is provided by the approved provider who was, immediately before the commencement of the new Act, the proprietor referred to in paragraph (a).

(2) For the purposes of the new Act, the suspension is taken:

(a) to have had effect from the commencement day; and

(b) to cease to have effect:

(i) at the end of the period specified in the determination under section 40AFG(2) of the 1953 Act; or

(ii) if the determination is set aside by the Minister under section 40AFH of the 1953 Act, on the day from which the determination is, or is taken to be, set aside.

(3) A reference in this section to a determination under subsection 40AFG(2) of the 1953 Act includes a reference to a determination substituted for such a determination under paragraph 40AFH(2)(c) of the 1953 Act.

47 Review of determinations

Despite the repeal of section 40AFH of the 1953 Act, that section continues to apply, in relation to a determination under subsection 40AFG(2) of the 1953 Act, as if that section had not been repealed.

48 Effect of certain determinations

Despite the repeal of section 40AFJ of the 1953 Act, that section continues to apply in respect of persons admitted to a nursing home (within the meaning of the 1953 Act) before the commencement day, as if the section had not been repealed.

49 Classifications under 1954 Act that were in force immediately before commencement day

(1) If:

(a) immediately before the commencement day, a classification for the purposes of Division 4 of Part III of the 1954 Act was in force in respect of a particular person; or

(b) after the commencement day, a classification for the purposes of Division 4 of Part III of the 1954 Act is made, or taken to have been made, in respect of a particular person;

then, subject to subsection (2):

(d) section 10F of the 1954 Act (including any instruments in force under that section as at the commencement day), continues to apply in respect of the classification as if it had not been repealed.

(2) The classification ceases to have effect on a day (if any) determined by the Secretary by writing.

50 Person admitted to hostel before commencement day but no classification in force on that day

(1) Subject to this section, if:

(a) a person began occupying a hostel place (within the meaning of the 1954 Act) before the commencement day; and

(b) immediately before the commencement day, a classification was not in force in respect of the person for the purposes of Division 4 of Part III of the 1954 Act;

for the purposes of such a classification, section 10F of the 1954 Act (including any instruments in force under section 10F immediately before the commencement day) continues to apply as if it had not been repealed.

(2) A classification for the purposes of Division 4 of Part III of the 1954 Act is taken to have been made in respect of the person if:

(a) the General Conditions under subsection 10F(1) of the 1954 Act require the organisation which provides hostel care services (within the meaning of the 1954 Act) in respect of the hostel place to take certain steps in order for the person to be classified for the purposes of Division 4 of Part III of the 1954 Act; and

(b) the organisation had not, as at the commencement day, taken all those steps; and

Part 2.5—Extra service places

51 Applications for exempt bed status

(1) If:

(a) a person had, before the commencement day, applied under section 39AB of the 1953 Act to have all the beds included or proposed to be included in an approved nursing home granted status as exempt beds; and

(b) as at the commencement day, the Minister had not yet made a decision on the application;

the application is taken, for the purposes of the new Act:

(c) to be an application made, on that day, under section 32-3 of the new Act for *extra service status in respect of the *residential care service corresponding to that nursing home; and

(d) to be an application made, on that day, under section 35-1 of the new Act for extra service fees to be approved for the *places corresponding to the beds included in the nursing home.

(2) For the purposes of the new Act, the amounts specified under paragraph 39AB(3)(a) of the 1953 Act in the application under section 39AB of the 1953 Act are taken to be the extra service fees proposed in the application under section 35-1 of the new Act.

(3) Any particulars that were included in the application under paragraph 39AB(3)(b) of the 1953 Act are, for the purposes of the new Act, to be disregarded.

52 Exempt bed status

(a) the Secretary is taken, on that day, to have granted under section 32‑1 of the new Act *extra service status in respect of the *residential care service corresponding to that nursing home; and

(b) the conditions to which the extra service status is subject under subsection 32-8(1) of the new Act are:

(i) any conditions set out in the new Act; and

(ii) any conditions specified in the Extra Service Principles made for the purposes of Part 2.5 of the new Act; and

(iii) any conditions to which the grant of exempt bed status in respect of the beds was subject, under subsection 39AB(9A) of the 1953 Act, immediately before that day, to the extent that those conditions are capable of application under the new Act; and

(c) these terms and conditions are taken to have been set out in a notice given in accordance with subsection 32-9(1) of the new Act.

(2) Despite subsection 33‑2(2) of the new Act, if, under subsection (1), *extra service status is taken to have been so granted, its *expiry date is taken, for the purposes of the new Act, to be the day occurring after the end of the exempt status period.

Note: See also section 56 of this Act in relation to additional exempt bed fees, section 64 of this Act in relation to the effect on extra service reductions under the new Act and section 68 of this Act in relation to the effect on extra service amounts under the new Act.

(3) In subsection (2):

exempt status period means the period, starting on the commencement day, equal to:

(a) if the certificate referred to in subsection (1) specified only one period as the period for which beds included, or proposed to be included, in the nursing home were to be exempt beds—the amount of time that, immediately before that day, remained of that period; or

(b) subject to subsection (4), if the certificate specified more than one such period—the amount of time that, immediately before that day, remained of whichever of those periods would have expired first.

(4) If:

(a) the certificate specified more than one such period; and

(b) the *approved provider concerned has entered into an agreement with the Secretary under this subsection in relation to the *places corresponding to the beds in the nursing home to which one of those periods (other than the period that would have expired first) relates;

the exempt status period in relation to those places is the period, starting on the commencement day, equal to the amount of time that, immediately before that day, remained of the period specified in the certificate under subsection (1) in respect of the beds in question.

(5) Despite section 30-3 of the new Act, the *places referred to in subsection (4) are taken, for the purposes of the new Act, to form a *distinct part of the *residential care service.

(6) A reference in subsection (1) to a certificate under section 39AB of the 1953 Act being in force immediately before the commencement day includes a reference to a certificate that, as at that day:

(a) had been granted under that section for a period or periods that had not yet commenced; and

(b) had not lapsed or been revoked.

53 Applications to revoke exempt bed status

(1) If:

(a) a person had, before the commencement day, applied under subsection 39AB(10) of the 1953 Act for revocation of a certificate granted under subsection 39AB(8) of the 1953 Act; and

(b) immediately before the commencement day, the certificate was still in force; and

the application is taken, for the purposes of the new Act, to be a written request under section 33‑4 of the new Act, given to the Secretary on the commencement day, for the revocation of the *extra service status that, under section 52 of this Act, is taken to have been granted in respect of the certificate.

(2) Subsection 33-4(3) of the new Act applies in relation to the revocation as if the reference in that subsection to the day on which the request was received by the Secretary were a reference to the day on which the application made under subsection 39AB(10) of the 1953 Act was received by the Minister.

54 Applications to extend exempt bed status

If:

(a) a person had, before the commencement day, made a written request to the Minister for a grant of exempt bed status under subsection 39AD(4) of the 1953 Act, in connection with the expiry of a certificate granted under section 39AB of the 1953 Act; and

(b) as at the commencement day, the Minister had not yet granted the exempt bed status;

the request is taken, for the purposes of the new Act, to be an application under section 31-2 of the new Act for determinations under that section in respect of each *place that corresponds to a bed in the approved nursing home to which the certificate related. The application is taken to have been received on the commencement day.

55 Extensions of exempt bed status

If a grant of exempt status under subsection 39AD(4) of the 1953 Act in respect of a bed in an approved nursing home was in force immediately before the commencement day, the Secretary is taken to have determined, under subsection 31‑2(1), that the *place corresponding to that bed is an extra service place during the period:

(a) starting on the commencement day; and

(b) finishing at the end of the last day on which the person, who was occupying that bed immediately before the commencement day, is provided with *residential care in respect of the place.

56 Additional exempt bed fees

(1) If a certificate under section 39AB of the 1953 Act stating that the beds included in an approved nursing home are exempt beds was in force immediately before the commencement day, for the purposes of the new Act, the Secretary is taken, on that day, to have approved under section 35-1 of the new Act extra service fees for the *places corresponding to those beds.

Note: See also section 52 of this Act in relation to exempt bed status, section 64 of this Act in relation to the effect on extra service reductions under the new Act and section 70 of this Act in relation to the effect on extra service amounts under the new Act.

(2) The amounts of the extra service fees are taken, for the purposes of the new Act, to be equal to the amount of the additional exempt bed fees (within the meaning of the 1953 Act) relating to those beds immediately before that day.

(3) If:

(a) an application is subsequently made under section 35-1 of the new Act for approval of extra service fees for any of those *places; and

(b) apart from subsection (1) of this section, the Secretary has not previously approved under section 35-1 of the new Act extra service fees for any of the places that are the subject of the application;

the reference in paragraph 35-3(3)(c) of the new Act to the last approval is a reference to:

(c) the last day on which a change in the additional exempt bed fees relating to those beds took effect under section 39AB or 40AD of the 1953 Act; or

(d) if there has never been a change in those fees relating to those beds—the day on which the grant of exempt bed status, referred to in the certificate under section 39AB of the 1953 Act, took effect in relation to those beds.

57 Requests for approval of redeterminations of additional exempt bed fees

(1) If:

(a) a person had, before the commencement day, requested under subsection 40AD(1BC) of the 1953 Act that the Secretary approve the redetermination of an additional exempt bed fee (within the meaning of Part V of the 1953 Act); and

(b) as at the commencement day, the Secretary had not yet made a decision on the request;

the application is taken, for the purposes of the new Act, to be an application made, on that day, under section 35-1 of the new Act, for the approval of an extra service fee for the *places corresponding to the beds to which the request related.

(2) For the purposes of the new Act, the proposed redetermination of the fee specified in the request under subsection 40AD(1BC) of the 1953 Act is taken to be the extra service fee proposed in the application under section 35-1 of the new Act.

58 Patients occupying exempt beds

(1) Subject to subsection (2), paragraph 36-1(1)(b) of the new Act does not apply in relation to *residential care that is *provided in respect of a *place included in a *residential care facility if:

(a) the place corresponds to a bed in a nursing home (within the meaning of the 1953 Act) that was, immediately before the commencement day, an exempt bed (within the meaning of Part V of the 1953 Act); and

(b) the person to whom the residential care is provided has been continuously provided with residential care in respect of that place since the commencement day.

(2) However, if *residential care is *provided to a person in respect of a *place included in a *residential care facility, and:

(b) the person had, before the commencement day, made an election under section 40ADB of the 1953 Act; and

(c) as at the commencement day, the person was not an exempt patient within the meaning of section 39AD of the 1953 Act; and

(d) the person to whom the residential care is provided has been continuously provided with residential care in respect of that place since the commencement day;

then:

(e) the person is taken to have been an exempt patient (within the meaning of section 39AD of the 1954 Act) immediately before the commencement day; and

(f) paragraph 36-1(1)(b) of the new Act applies to *residential care that is *provided to the person in respect of the *place.

Note: The effect of paragraph 36-1(1)(b) of the new Act applying is that an extra service agreement between the approved provider concerned and the person is necessary in order for residential care to be provided on an extra service basis. A person cannot be forced to enter such an agreement and, under section 36-4 of the new Act, an agreement with a person taken to be an exempt patient under paragraph 58(2)(e) will have to provide that the person can terminate the agreement within 3 months of the date of effect of the agreement.

(3) This section does not affect any agreement between the person and the proprietor (within the meaning of the 1953 Act) of the nursing home, relating to exempt bed status in respect of the bed.

Part 4.2—User rights

68 Extra service amounts for exempt residents

(1) For the purposes of the new Act, if:

(a) a person:

(i) was an exempt patient in an approved nursing home immediately before the commencement day (disregarding the effect of paragraph 58(2)(e)); or

(ii) is taken to be such a patient under paragraph 58(2)(e); and

(b) on the commencement day, or on a day occurring after the commencement day, the person is *provided with *residential care through a *residential care service corresponding to that nursing home;

section 58-5 of the new Act has effect, in relation to the day on which the residential care is provided, as if:

(c) the reference in paragraph 58-5(b) of the new Act to 25% of the extra service fee referred to in paragraph (a) of that section were omitted; and

(d) in its place there were substituted a reference to:

(i) for a person referred to in subparagraph (1)(a)(i)—the proportion of the additional exempt bed fee (within the meaning of Part V of the 1953 Act) that was, immediately before the commencement day, being taken into account in reduction of the Commonwealth benefit payable in respect of the bed occupied by the person; or

(ii) for a person referred to in subparagraph (1)(a)(ii)—the notional amount (see subsection (3)) in respect of the person.

(2) If, after the commencement day:

(a) the person ceases to be *provided with *residential care through the *residential care service (other than because the person is on *leave); or

(b) the person is provided with residential care through the residential care service, but not on an extra service basis within the meaning of Division 36 of the new Act;

this section does not apply in respect of any subsequent day on which the person is provided with residential care through that residential care service.

Note: Under section 52 of this Act, the exempt bed status of nursing homes can be taken to be *extra service status for the purposes of the new Act. See also section 68 of this Act relating to extra service amounts for exempt residents.

(3) In this section:

exempt patient means an exempt patient within the meaning of section 39AD of the 1953 Act.

notional amount, in respect of a person, means an amount equal to the proportion of the additional exempt bed fee (within the meaning of Part V of the 1953 Act) that would, immediately before the commencement day, have been taken into account in reduction of the Commonwealth benefit payable in respect of the bed occupied by the person if the person had been an exempt patient immediately before that day.

69 Agreements between nursing home proprietors and residents

If:

(a) immediately before the commencement day, an agreement substantially in the form determined under section 40ABB of the 1953 Act was in force; and

(b) the agreement was entered into between a person in relation to whom an approval under subsection 40AB(3) of the 1953 Act had been given and the proprietor (within the meaning of that Act) of an approved nursing home;

for the purposes of paragraph 56-1(g) of the new Act, the agreement is taken to be a *resident agreement that:

(c) the *approved provider conducting the *residential care service that corresponds to the nursing home had, on the commencement day, offered to enter into with the person to whom the approval was given; and

(d) the approved provider and that person had entered into on the commencement day.

71 Formal agreements between hostel operators and residents

70 Variable hostel fees

(1) If:

(a) a person was, immediately before the commencement day, occupying a hostel place (within the meaning of the 1954 Act) in a hostel; and

(b) on a day (the day in question) that is:

(i) the commencement day; or

(ii) a day occurring after the commencement day;

the person is *provided with *residential care through a *residential care service corresponding to that hostel; and

(c) the person’s interim hostel fee (see subsection (2)) exceeds the maximum daily amount of resident fees payable by the care recipient, as worked out under section 58-2 of the new Act, in respect of the day in question; and

(d) if the day in question is not the commencement day—in respect of the commencement day, and any other day after the commencement day but before the day in question, paragraphs (b) and (c) had applied;

paragraph 58(1)(a) of the new Act has effect as if the reference in subparagraph 58(1)(a)(i) of the new Act to the maximum daily amount set under section 58-2 of the new Act were a reference to the interim hostel fee set under subsection (2) of this section.

(2) The person’s interim hostel fee is whichever is the lesser of the following:

(a) the fee that was payable, in accordance with the General Conditions formulated under section 10F of the 1954 Act, for the provision, on the day before the commencement day, of:

(i) any hostel care services (within the meaning of the 1954 Act); and

(ii) any personal care services (within the meaning of the 1954 Act);

in respect of the hostel place that the person occupied, minus any residential care allowance amount for the person;

(b) if the person’s income on the day in question, as reviewed at the person’s request by the *approved provider conducting the *residential care service, is less than the person’s income on the day before the commencement day (minus any residential care allowance amount for the person)—the amount of the fee referred to in paragraph (a), reduced by the difference between the 2 amounts of income.

(3) For the purposes of subsection (2), if, on the day before the commencement of Part 1 of Schedule 3 to this Act:

(a) the person is receiving an *income support payment; and

(b) an amount of residential care allowance, worked out under Part 3.12B of the Social Security Act 1991, is included in the person’s rate of payment;

the residential care allowance amount for the person is the amount of residential care allowance (worked out on a per day basis) to be so included in respect of the day before that commencement.

(4) In working out the person’s income for the purposes of paragraph (2)(b), amounts of income tax or medicare levy payable by the person in respect of the income are to be deducted.

(1) Subject to this section, if:

(a) immediately before the commencement day, a Formal Agreement (within the meaning of the General Conditions formulated under section 10F of the 1954 Act) was in force; and

(b) the Formal Agreement was entered into between an eligible person (within the meaning of the 1954 Act) and an approved operator (within the meaning of the 1954 Act) of a hostel;

for the purposes of paragraph 56-1(g) of the new Act, the Formal Agreement is taken to be a *resident agreement that:

(c) the *approved provider conducting the *residential care service that corresponds to the hostel had, on the commencement day, offered to enter into with the eligible person; and

(d) the approved provider and the eligible person had entered into on the commencement day.

(2) If:

(a) ongoing fees are payable under the Formal Agreement by the person for the provision of accommodation and care; and

(b) the amount of ongoing fees payable in respect of the commencement day or a subsequent day would exceed the amount of the resident fee that may be charged under paragraph 58-1(a) of the new Act in respect of that day;

the amount of the resident fee that may be charged under that paragraph in respect of that day is an amount not exceeding the amount of ongoing fees payable in respect of that day.

(3) If:

(a) before the commencement day, the person had, under the Formal Agreement, paid, or agreed to pay, an entry contribution (within the meaning of the General Conditions formulated under section 10F of the 1954 Act) to the approved operator; and

(b) immediately before the commencement day, the person was an existing resident (within the meaning of section 10F of the 1954 Act), or a new resident (within the meaning of that section), of the hostel;

then:

(c) on and after the commencement day, paragraph 56-1(a) of the new Act applies as if the requirements referred to in that paragraph were the requirements of the General Conditions formulated under section 10F of the 1954 Act, as they relate to entry contributions; and

(d) subject to paragraph (e), on and after the commencement day, Division 57 of the new Act does not apply in relation to the entry contribution; and

(e) on and after the day that Schedule 2 to the Aged Care Amendment (2005 Measures No. 1) Act 2006 commenced:

(i) the Prudential Standards made under section 57‑4 of the new Act; and

(ii) section 57‑21B of the new Act;

apply in relation to the entry contribution.

(4) If:

(b) on or after the commencement day, the person ceases being provided with *residential care through the *residential care service (the original service) that corresponds to the hostel (other than because the care recipient is on *leave); and

(c) the person enters another residential care service within 28 days after the day on which the person ceased being provided with care by the original service;

for the purposes of the new Act:

(d) the amount of the entry contribution that is refundable to the person under the Formal Agreement is taken to be the maximum amount of the *accommodation bond for the entry of the person to the other service; and

(e) the amount of the entry contribution that is so refundable is to be refunded to the person in accordance with subsection 57-21(3) as if that amount were an *accommodation bond balance.

(5) For the purposes of subsection 57-20(5) of the new Act, if:

(b) before, on or after the commencement day, the approved operator has retained an amount from the entry contribution in respect of a period;

each month included in that period is taken to be a month in respect of which a retention amount was deducted from an *accommodation bond balance in respect of an *accommodation bond previously paid by the person.

72 Formal agreements between hostel operators and residents

(1) Subject to this section, if:

(a) immediately before the commencement day, a formal agreement (within the meaning of the Community Aged Care Services General Conditions formulated under section 10GI of the 1954 Act) was in force; and

(b) the formal agreement was entered into between an eligible person (within the meaning of the 1954 Act) and an approved provider (within the meaning of the 1954 Act) of a community aged care service;

for the purposes of paragraph 56-2(e) of the new Act, the formal agreement is taken to be a *community care agreement that:

(c) the *approved provider conducting the *community care service that corresponds to the community aged care service had, on the commencement day, offered to enter into with the eligible person; and

(d) the *approved provider and the eligible person had entered into on the commencement day.

(2) If:

(a) ongoing fees are payable under the formal agreement by the person for the provision of care; and

(b) the amount of ongoing fees payable in respect of the commencement day or a subsequent day would exceed the amount of the community care fee that may be charged under paragraph 60-1(a) of the new Act in respect of that day;

the amount of the community care fee that may be charged under that paragraph in respect of that day is an amount not exceeding the amount of ongoing fees payable in respect of that day.

Part 4.3—Accountability

73 Direction to appoint nursing home advisor

(1) Despite the repeal of section 45EB of the 1953 Act, if:

(a) immediately before the commencement day, a direction under that section was in force; and

(b) the direction was to the proprietor (within the meaning of the 1953 Act) of an approved nursing home to appoint a nursing home adviser in respect of the home;

for the purposes of the new Act, the direction continues to apply as if the direction were a direction to the *approved provider conducting the *residential care service that corresponds to the nursing home to appoint an adviser in respect of that service.

(2) For the purposes of the new Act, the responsibilities of an approved provider under section 63-1 of the new Act are taken to include complying with a direction referred to in subsection (1).

Part 4.4—Consequences of non-compliance

74 Declarations of non-compliance with standards

If:

(a) immediately before the commencement day, a declaration under subsection 45E(1) of the 1953 Act was in force; and

(b) the declaration was a declaration to the proprietor (within the meaning of the 1953 Act) of an approved nursing home that the home did not satisfy the standards determined under section 45D of the 1953 Act;

for the purposes of the new Act:

(c) the declaration is taken to be a notice of non-compliance under section 67-2 of the new Act given to the *approved provider conducting the *residential care service that corresponds to the nursing home; and

(d) the approved provider is taken not to have made any submissions in response to the notice of non-compliance.

75 Determinations that Commonwealth benefit payable is not payable

(1) If:

(a) immediately before the commencement day, a determination under subsection 45E(2) of the 1953 Act was in force; and

(b) the determination was a determination to the proprietor (within the meaning of the 1953 Act) of an approved nursing home that Commonwealth benefit is not payable to the proprietor in respect of a patient admitted to the nursing home after the making of the determination;

for the purposes of the new Act, the determination is taken to be a sanction that:

(c) is imposed under subparagraph 66‑1(c)(ii) of the new Act, on the commencement day, on the *approved provider conducting the *residential care service that corresponds to the nursing home; and

(d) restricts that approved provider’s approval as a provider of *aged care services to care recipients to whom the approved provider *provided care before the making of the determination.

(2) The sanction period for that sanction under section 68-2 of the new Act:

(a) begins on the commencement day; and

(b) ends on the day the Secretary lifts the sanction under section 68-3 of the new Act.

76 Suspensions of exempt bed status

(1) If:

(a) immediately before the commencement day, a suspension under paragraph 45E(4A)(a) of the 1953 Act was in force; and

(b) the suspension was a suspension of exempt bed status in respect of beds in an approved nursing home;

for the purposes of the new Act, the suspension is taken to be a sanction that:

(d) constitutes a suspension:

(i) if the suspension was a suspension of exempt bed status in respect of all of the beds in the nursing home—of the *extra service status of the *residential care service that corresponds to the nursing home; or

(ii) if the suspension was a suspension of exempt bed status in respect of some only of the beds in the nursing home—of the extra service status of a *distinct part of the residential care service that includes the *places corresponding to those beds.

(2) The sanction period for that sanction under section 68-2 of the new Act:

(a) begins on the commencement day; and

(b) ends on the day the Secretary lifts the sanction under section 68-3 of the new Act.

77 Declarations of non-compliance with conditions

If:

(a) immediately before the commencement day, a declaration under subsection 45EA(1) of the 1953 Act was in force; and

(b) the declaration was a declaration to the proprietor (within the meaning of the 1953 Act) of an approved nursing home that the home did not satisfy one or more conditions applicable to the nursing home under that Act;

for the purposes of the new Act:

(d) the approved provider is taken not to have made any submissions in response to the notice of non-compliance.

78 Determinations that Commonwealth benefit is not payable

(1) If:

(a) immediately before the commencement day, a determination under subsection 45EA(2) of the 1953 Act was in force; and

for the purposes of the new Act, the determination is taken to be a sanction that:

(c) is imposed, under subparagraph 66‑1(c)(ii) of the new Act, on the commencement day, on the *approved provider conducting the *residential care service that corresponds to the nursing home; and

(d) restricts that approved provider’s approval as a provider of *aged care services to care recipients to whom the approved provider *provided care before the making of the determination.

(2) The sanction period for that sanction under section 68-2 of the new Act:

(a) begins on the commencement day; and

(b) ends on the day the Secretary lifts the sanction under section 68-3 of the new Act.

78A Breaches of conditions before commencement day

If:

(a) a particular condition is covered by paragraph 20(1)(b); and

(b) before the commencement day, there was a failure to comply with the condition; and

(c) as at the commencement day, no declaration under subsection 45EA(1) of the 1953 Act had been made in relation to the failure;

Part 4.4 of the new Act applies to the failure as if the failure had happened after the commencement day.