Document ID: chunk:federal_register_of_legislation:F2024C00838:reg:26:p1
Version: federal_register_of_legislation:F2024C00838
Segment Type: reg
Provision Reference: reg 26 (pt 1/3)
Character Range: 42299–45026

26  Decision by Pricing Authority
 (1) For subsection 52G‑4(5) of the Act, this section applies in relation to an application to the Pricing Authority by an approved provider of a residential care service or an eligible flexible care service, under subsection 52G‑4(1) of the Act, for approval to charge an accommodation payment for a room, or a part of a room, in the service that is higher than the Minister's maximum accommodation payment amount.

Factors to be considered
 (2) In deciding whether to approve the higher maximum accommodation payment amount for the room, or the part of the room, in the service, the Pricing Authority:
 (a) must consider the following:
 (i) the proposed higher maximum accommodation payment amount;
 (ii) the location of the service;
 (iii) the quality, condition, size and amenity of the room or the part of the room;
 (iv) the number of persons who may be provided with accommodation in the room;
 (v) whether the room has access to a shared bathroom or has a private ensuite;
 (vi) the quality, condition, size and amenity of the common areas in the service that would be accessible to a person being provided with accommodation in the room;
 (vii) whether the room, or the part of the room, has any specific accommodation or design features;
 (viii) whether the service has any specific accommodation or design features that would be accessible to a person being provided with accommodation in the room;
 (ix) any additional care or services (other than care and services specified in the Quality of Care Principles 2014 for the purposes of subsection 54‑1(1) of the Act) included in the accommodation payment amount and offered at no additional cost to a person being provided with accommodation in the room or the part of the room; and
 (b) may consider:
 (i) the cost of providing the accommodation; and
 (ii) any other relevant matter.
Note: In considering the cost of providing the accommodation in relation to an application that relates to a proposed room, or a proposed part of a room, the Pricing Authority may consider the proposed cost of construction or refurbishment.

Approval in relation to proposed room etc. may be given subject to conditions
 (3) If the application relates to a proposed room, or a proposed part of a room, in the residential care service or eligible flexible care service, the Pricing Authority may approve the higher maximum accommodation payment amount for the room, or the part of the room, subject to the condition that the approval does not take effect unless:
 (a) the approved provider gives the following information to the Pricing Authority, in writing:
 (i) information showing that the construction or refurbishment of the room, or the part