Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p1
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 1/54)
Character Range: 40364–43058

5                                     Decisions relating to extra service places  Yes                       No                 No

Note 1: Classification of care recipients is relevant to *flexible care subsidy only in respect of some kinds of flexible care services.
Note 2: Allocation of funding for grants is dealt with in Chapter 5.
Note 3: For the approval of providers of aged care, see Part 7A of the *Quality and Safety Commission Act.

Part 2.1—Approved providers

Division 6—Introduction

6‑1  What this Part is about

      A precondition to a provider of *aged care receiving a *subsidy under this Act for the provision of care is that the provider is an approved provider.
      For the obligations that arise from being an approved provider, see Division 9 of this Part.
      Division 10A of this Part deals with the *key personnel of approved providers and sets out when remedial orders may be obtained.

Table of Divisions
6 Introduction
7 What is the significance of approval as a provider of aged care?
9 What obligations arise from being an approved provider?
10A Key personnel of approved providers

Division 7—What is the significance of approval as a provider of aged care?

7‑1  Pre‑conditions to receiving subsidy
  Payments of *subsidy cannot be made to a person for providing *aged care unless:
 (a) the person is an approved provider; and
 (aa) the approval of the person is in effect; and
 (b) the approval of the person is in respect of the type of aged care provided, at the time it is provided; and
 (c) the approval of the person is in respect of the *aged care service through which the aged care is provided, at the time it is provided.
Note: For the approval of providers of aged care, see Part 7A of the *Quality and Safety Commission Act.

7‑2  Payment of subsidy if approval of provider is restricted to certain aged care services etc.
 (1) If:
 (a) a sanction has been imposed on an approved provider under section 63N of the *Quality and Safety Commission Act; and
 (b) the sanction restricts the approval of the provider to certain *aged care services conducted by the provider;
then, while the sanction is in effect, *subsidy may only be paid to the provider in respect of care provided through those services.
 (2) If:
 (a) a sanction has been imposed on an approved provider under section 63N of the *Quality and Safety Commission Act; and
 (b) the sanction restricts the payment of *subsidies to the provision of care by the provider to certain care recipients;
then, while the sanction is in effect, subsidy may only be paid to the provider in respect of care provided to those care recipients.
Note: Both subsections (1) and (2) may apply at the