Document ID: chunk:federal_register_of_legislation:C2022A00034:clause:8_132
Version: federal_register_of_legislation:C2022A00034
Segment Type: clause
Provision Reference: sch 8 cl 132
Character Range: 186535–187899

132  Transitional—requests under subsection 85‑5(1A) of the Aged Care Act 1997
(1) This item applies in relation to a request to reconsider a reviewable decision that is made to the Aged Care Pricing Commissioner under subsection 85‑5(1A) of the old Aged Care Act on a particular date (the request date) if:
 (a) the request date is before the commencement day; and
 (b) either:
 (i) no decision on the request has been made before the commencement day; or
 (ii) a decision on the request has been made before the commencement day but notice of the decision has not been given to the applicant before that day.
(2) If no decision on the request has been made before the commencement day, then, on and after that day, the request is taken to have been made on the request date to the Independent Health and Aged Care Pricing Authority under subsection 85‑5(1A) of the amended Aged Care Act.
(3) If a decision on the request has been made before the commencement day but notice of the decision has not been given to the applicant before that day, then, on and after that day, subsection 85‑5(7) of the amended Aged Care Act applies in relation to the decision as if the decision had been made by the Independent Health and Aged Care Pricing Authority.
Note: See also item 134 of this Schedule (Things done by, or in relation to, the Aged Care Pricing Commissioner).