Federal Register of Legislation - Australian Government

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Determinations/Aged Care as made
Determination in respect of all residential care provisional allocations of places and each flexible care places.
Administered by: Health
Made 06 Aug 2002
Registered 29 May 2007
Date of repeal 18 Mar 2016
Repealed by

COMMONWEALTH OF AUSTRALIA

 

DEPARTMENT OF HEALTH AND AGEING

 

subsection 14-6(1), Aged Care Act 1997

 

DETERMINATION

 

I, David Graham, First Assistant Secretary, Ageing and Aged Care Division, delegate of the Secretary under section 14-6 of the Aged Care Act 1997 (the Act) determine, pursuant to subsection  14-6(1)  of  the Act,  having  had  regard  to  matters  specified  in  the  Allocation

Principles 1997, that the allocation of places to an approved provider under subsection 14-1(1) of the Act is subject to the following conditions relating to allocations of places of a specified kind (being a kind of places specified in this determination).

 

In respect of all residential care provisional allocations of places:

 

 

      1.  The approved provider must provide quarterly (three monthly) reports on its progress  
      towards satisfying the Secretary that it is appropriate to make a determination under
      subsection 15(1) of the Act that the allocation of places take effect.

 

                                    Note:  This condition applies to all residential care provisional allocations, including provisional

                      allocations extended under section 15-7 of the Act.

 

2        The reports must be provided in a format approved by the Department, and must be provided to the Department by due dates notified by the Department.

 

3.      The approved provider must make reasonably timely progress towards a determination by the Secretary under subsection 15(1) of the Act that the allocation of places take effect.

 

 

 

In respect of Extended Aged Care at Home (EACH) flexible care places:

 

      4.  The approved provider must enter into a payment agreement with the Commonwealth,  
     represented by the Secretary;

 

                                Note:  A payment agreement is the agreement referred to in section 15.12 of the Flexible Care 
              Subsidy Principles 1997.

 

      5.  The approved provider must remain a party to a payment agreement (while allocated
      an EACH flexible care place);              

 

 

 

 

6.      The approved provider must comply with the payment agreement.

 

 

 

 

The conditions in this determination apply in addition to conditions previously determined under subsection 14-6(1) of the Act.

 

The conditions in this determination apply, on and from the date of this determination, to allocations that occurred before or after the determination is made.

 

                    Note:  This is consistent with subsection 14-6(3) of the Act.

 

 

 

 

 

Dated this sixth day of August 2002

 

 

 

 

 

 

 

 

Signed

Dr David Graham

First Assistant Secretary, Ageing and Aged Care Division

Department of Health and Ageing

Delegate of the Secretary under

Subsection 96-2(1) of the Aged Care Act 1997