Aged Care (Consequential and Transitional Provisions) (Registration of Entities) Determination 2025 (No. 2)

I, Sonja Stewart, Deputy Secretary of the Ageing and Aged Care Group of the Department of Health, Disability and Ageing, make the following determination.

Dated   18 November 2025

Sonja Stewart

Deputy Secretary of the Ageing and Aged Care Group of the Department of Health, Disability, and Ageing

Contents

1  Name

2  Commencement

3  Authority

4  Definitions

5  Deemed registration periods and approved residential care homes for deemed registered providers

Schedule 1—Details of deemed registration of entities

1  Name

  This instrument is the Aged Care (Consequential and Transitional Provisions) (Registration of Entities) Determination 2025 (No. 2).

2  Commencement

 (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under item 5 of Schedule 2 to the Aged Care (Consequential and Transitional Provisions) Act 2024.

4  Definitions

 (1) In this instrument:

CTP Act means the Aged Care (Consequential and Transitional Provisions) Act 2024.

 (2) An expression used in a provision of this instrument and defined in subitem 1(1) of Schedule 2 to the CTP Act has the same meaning in that provision as it has in that Schedule.

Note:  The following expressions used in this instrument are defined in subitem 1(1) of Schedule 2 to the CTP Act:

(a) new Act;

(b) new law;

(c) old Act;

(d) old law;

(e) transitional rules;

(f) transition time.

 (3) An expression used in a provision of this instrument and in the new law has the same meaning in that provision as it has in the new law, subject to subsection (4).

 (4) An expression used in a provision of this instrument and in the old law has the same meaning in that provision as it had in the old law to the extent that:

 (a) the use of the expression in that provision relates to an event that occurred, or a state of affairs that existed, under the old law before the transition time; or

 (b) the provision has the effect that a provision of the old law continues to apply despite the repeal of the old law.

5  Deemed registration periods and any approved residential care homes for deemed registered providers

  For the purposes of subitems 5(3), (7) and (11) of Schedule 2 to the CTP Act, for an entity specified in Column 1 of an item of the table in Schedule 1 to this instrument:

 (a) the period that is taken to be the entity’s registration period for the purposes of section 115 of the new Act is the period between the registration start day specified in Column 3 of the item and the registration end day specified in Column 4 of the item; and

 (b) the places that are taken to be, or be part of, an approved residential care home in relation to the entity for the purposes of paragraph 105(1)(b) and section 112 of the new Act are each of the places (if any) specified in Column 5 of the item; and

 (c) the total number of beds for each approved residential care home is the number of beds (if any) specified in Column 5 of the item.

Note: Subitem 5(1) of Schedule 2 to the CTP Act relates to the deeming of entities as registered providers.

Schedule 1—Details of deemed registration of entities