Document ID: chunk:federal_register_of_legislation:C2004A04495:body:0:p8
Version: federal_register_of_legislation:C2004A04495
Segment Type: other
Provision Reference: 
Character Range: 19289–21975

principles must require the Minister to take into account in deciding whether to grant an AIP, the following matters:

    (a)     the proprietor's record of financial management in respect of an approved nursing home that he or she is, or has been, the proprietor of; and

    (b)     the extent to which the standards determined under section 45D for the provision of nursing home care are met in the nursing home.

Grant of an approval-in-principle

"58CA.(1) Upon receiving an application under section 58B, if the Minister is satisfied that the construction work referred to in the application would, when completed:

  (a)     be substantial upgrading work; and

    (b)    increase the well-being of the qualified nursing home patients resident in the home;

the Minister may, in accordance with the principles set out under paragraph 58C(1)(b), grant an AIP to the applicant.

  "(2) The AIP must:

  (a)     be in writing; and

  (b)    set out the conditions (if any) to which it is subject; and

  (c)     state that if:

         (i) the applicant applies under section 58CC within the application period for a grant of Commonwealth benefit in respect of the upgrading of the nursing home that is the subject of the AIP; and

         (ii) at the time of so applying, the work has been completed and paid for; and

         (iii) the applicant has complied with the conditions (if any) set out in the AIP;

the application for a grant of Commonwealth benefit will not be refused.

"(3) If the holder of an AIP applies in writing, the Minister may vary the AIP by extending the period referred to in subparagraph (2)(c)(i) by 12 months or such lesser period of time as the Minister thinks fit.

"(4) The Minister must revoke an AIP if the holder of the AIP applies, in writing, to the Minister for the AIP to be revoked.

"(5) An AIP comes into force on the day on which the Minister grants it and remains in force until the period specified in the AIP expires.

  "(6) In this section:

'application period', in relation to an AIP means:

    (a)     the period of 12 months beginning immediately after the grant of the AIP; or

    (b)     if the Minister has varied the AIP under subsection (3) by extending the period referred to in subparagraph (2)(c)(i)—the extended period.

Minister may revoke an approval-in-principle at any time before an approval of grant is given

"58CB.(1) The Minister may revoke an AIP in respect of an eligible nursing home if the Minister is of the opinion that a condition of the AIP has not been complied with.

"(2) Before the Minister revokes the AIP, he or she must give written notice to the holder of the AIP that:

  (a)     states