Document ID: chunk:federal_register_of_legislation:F2022C01044:reg:43
Version: federal_register_of_legislation:F2022C01044
Segment Type: reg
Provision Reference: reg 43
Character Range: 21588–23808

43  Other information to be included in transfer notice—places in respect of residential care or flexible care subsidy
 (1) For subparagraph 16‑2(3)(h) of the Act, a transfer notice from an approved provider to transfer places in respect of residential care or flexible care subsidy must include the following other information:
 (a) whether the provider has notified the affected care recipients, or their representatives, about the proposed transfer, and if so, how and when they were notified, or when it is proposed that they would be notified; and
 (b) whether any concerns about the proposed transfer were expressed to the provider by care recipients, or their representatives, and if so, the measures the provider and the proposed transferee propose to take to deal with the concerns; and
 (c) the measures that the provider proposes to take to;
 (i) help the care recipients find suitable alternative care and accommodation of their choice if they do not wish to transfer to the new service;
 (ii) maintain services for the affected care recipients, while transferring services;
 (iii) help the affected care recipients move (with their personal possessions) if they are required to relocate;
 (iv) ensure that the affected care recipients will not be disadvantaged because of the proposed transfer.
 (2) The transfer notice must also include the following information, given by the proposed transferee:
 (a) how the transferee proposes to;
 (i) undertake the responsibilities of an approved provider under Parts 4.1 and 4.2 of the Act and Part 4.2 of the Aged Care (Transitional Provisions) Act 1997; and
 (ii) provide accommodation and care for care recipients with special needs.
 (b) if the transferee is a commencing service, or proposes to construct or develop premises to accommodate the transferred places;
 (i) a description of the project; and
 (ii) a detailed timetable for the project.
 (c) how the transferee intends to comply with any existing conditions of allocation and any conditions that are varied as part of the application to transfer the places.
 (3) The latest financial statements of the proposed transferee's aged care services (if any) must also be included with the transfer notice.