Document ID: chunk:federal_register_of_legislation:C2024A00109:clause:2_5:p2
Version: federal_register_of_legislation:C2024A00109
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 2/3)
Character Range: 32331–35006

to provide under section 63D of the Commission Act;
 (c) any services covered in an agreement between the entity and the Commonwealth that was in effect immediately before the transition time;
 (d) any types of aged care or services the entity had actually provided to individuals in the period of 12 months ending at the transition time.

Residential care homes and service delivery branches
(7) For the purposes of subitem (1), each of the following places is taken, as determined by the System Governor, having regard to any rules made for the purposes of subsection 10(5) of the new Act and in accordance with any determination under subitem (9) of this item, 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:
 (a) any place through which the entity provided either of the following as at immediately before the transition time:
 (i) a residential care service that meets its accreditation requirement at the transition time;
 (ii) a flexible care service through which the entity provides flexible care in the form of transition care (within the meaning of the old Principles);
 (b) any place which, as at immediately before the transition time, was covered by an agreement between the entity and the Commonwealth for the entity to provide flexible care through a multi‑purpose service (within the meaning of the old Principles).
(8) For the purposes of subitem (1), each of the following aged care services through which the entity provided care as at immediately before the transition time is taken to be a service delivery branch of the registered provider for the purposes of the new Act:
 (a) a home care service;
 (b) a flexible care service through which flexible care is provided as either transition care or short‑term restorative care (within the meaning of the old Principles).
(9) For the purposes of subitem (7), the System Governor may, by legislative instrument and having regard to the matters referred to in that subitem, determine how that subitem applies to different kinds of places.
(10) Despite subitem (7), the System Governor must not determine a place to be, or be part of, an approved residential care home under that subitem unless the System Governor is satisfied that the place, or the places combined, are a residential care home within the meaning of the new Act.
(11) For the purposes of subitem (7), the determination of an approved residential care home must include a determination of the total number of beds for the home, having regard to:
 (a) the total number of places allocated under section 14‑1 of the old Act to the entity