Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p44
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 44/54)
Character Range: 148185–150851

period ends.

23‑3  Circumstances in which approval for flexible care lapses

Care not received within a certain time
 (1) A person's approval as a recipient of flexible care lapses if the person is not provided with the care within:
 (a) the entry period specified in the Approval of Care Recipients Principles; or
 (b) if no such period is specified—the period of 12 months starting on the day after the approval was given.
 (2) Subsection (1) does not apply if the care is specified for the purposes of this subsection in the Approval of Care Recipients Principles.

Person ceases to be provided with care in respect of which approved
 (3) A person's approval as a recipient of flexible care lapses if the person ceases, in the circumstances specified in the Approval of Care Recipients Principles, to be provided with the care in respect of which he or she is approved.

23‑4  Revocation of approvals
 (1) The Secretary may revoke a person's approval if, after ensuring that the person's care needs have been assessed, the Secretary is satisfied that the person has ceased to be eligible to receive a type of *aged care in respect of which he or she is approved.
Note 1: Revocations of approval are reviewable under Part 6.1.
Note 2: For eligibility to receive types of *aged care, see Division 21.
 (2) In deciding whether to revoke the person's approval, the Secretary must consider the availability of such alternative care arrangements as the person may need if the care currently being provided to the person ceases.
 (3) Before deciding to revoke the approval, the Secretary must notify the person, and the approved provider (if any) providing care to the person, that revocation is being considered. The notice must be in writing and must:
 (a) include the Secretary's reasons for considering the revocation; and
 (b) invite the person and the approved provider (if any) to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and
 (c) inform them that if no submissions are made within that period, any revocation will take effect on the day after the last day for making submissions.
 (4) In deciding whether to revoke the approval, the Secretary must consider any submissions given to the Secretary within that period.
 (5) The Secretary must notify, in writing, the person and the approved provider (if any) of the decision.
 (6) The notice must be given to the person and the approved provider (if any) within 28 days after the end of the period for making submissions. If the notice is not given within this period, the Secretary is taken to have decided not to revoke the approval.
 (7) A revocation has effect: