Document ID: chunk:federal_register_of_legislation:F2022C01044:reg:51
Version: federal_register_of_legislation:F2022C01044
Segment Type: reg
Provision Reference: reg 51
Character Range: 28145–30831

51  Information that may be given to transferee and time for giving information

Information that may be given to transferee
 (1) For section 16‑10 of the Act, the Secretary may give the transferee information about the following matters:
 (a) the types of subsidies paid to the transferor for the aged care service in which places being transferred are included;
 (b) the likely future adjustments to the subsidy payments;
 (d) if the aged care service in which the places being transferred are included is a residential care service:
 (ii) matters relating to whether the service meets its accreditation requirement; and
 (iii) matters relating to the residential care grants (if any) made in respect of the service;
 (e) matters relating to any of the following payments that have been made in respect of the aged care service in which the places being transferred are included:
 (i) capital payments of a kind specified in the Aged Care (Transitional Provisions) Principles 2014 for the purposes of section 43‑6 of the Aged Care (Transitional Provisions) Act 1997;
 (ii) capital payments of a kind specified in the Subsidy Principles 2014 for the purposes of section 43‑6 of the Act;
 (f) compliance by the transferor with the transferor's responsibilities under Chapter 4 of the Act in relation to the aged care service referred to in paragraph (e), including any action that has been taken or is proposed to be taken, under Part 7B of the Quality and Safety Commission Act, in relation to that aged care service;
 (g) for care recipients who are receiving residential care from the transferor's aged care service:
 (i) their current classification levels of care (if applicable); and
 (ii) their classification histories; and
 (iii) their financial status;
 (h) the conditions to which the places being transferred are subject;
 (i) any other matters about the transferor's aged care service of which the Secretary considers the transferee should be informed.
 (2) However, the Secretary must not give the transferee information that would, or would be likely to, disclose the identity of any care recipient.

When information is to be given
 (3) If the Secretary decides to give the transferee information under subsection (1), the Secretary must give the information to the transferee at least 28 days before the transfer day.
Note: The transfer day is the day when the transfer of an allocated place from one person to another takes effect. The day is set under section 16‑8 of the Act.
 (4) However, if the transferor requests the Secretary, in writing, to give the information to the transferee, the Secretary must comply with the request within 28 days after receiving it.