Commonwealth Consolidated Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 - SECT 7

             (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.