Document ID: chunk:federal_register_of_legislation:C2024A00104:section:314a
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 314A
Character Range: 496034–498735

314A  Means not disclosed status

Means not disclosed status
 (1) An individual accessing funded aged care services in a home or community setting has means not disclosed status if:
 (a) the System Governor determines that the individual has that status in accordance with the rules; or
 (b) the individual makes an election in accordance with section 314B.
 (2) Without limiting paragraph (1)(a), rules made for the purposes of that paragraph may prescribe that the System Governor may determine that the individual has means not disclosed status if the individual is asked to provide specified information prescribed by the rules, within a specified period, and the individual fails to do so.

Determining means not disclosed status
 (3) A determination under paragraph (1)(a) takes effect on the day specified by the System Governor in the notice under subsection (5). The day may be before the day on which the determination is made but must be in accordance with the rules.
Note: For example, the means not disclosed status may take effect on the individual's start day.
 (4) If, after that determination is made, the individual provides sufficient information as requested under subsection (2), the System Governor must:
 (a) revoke the determination that the individual has means not disclosed status; and
 (b) determine the day the revocation takes effect (which may be before the day that determination is made).

Giving notice of determination
 (5) Within 14 days after making a determination under paragraph (1)(a) or (4)(b), the System Governor must give written notice of the decision to make that determination to the individual.
 (6) The notice under subsection (5) must:
 (a) if the decision is to make a determination under paragraph (1)(a):
 (i) explain the consequences of the individual having means not disclosed status and the steps the individual must take if the individual wants the determination to be revoked; and
 (ii) specify the day the determination takes effect (see subsection (3)); and
 (iii) set out the reasons for both the decision to make the determination and the decision as to the day the determination takes effect; and
 (b) if the decision is to make a determination under paragraph (4)(b):
 (i) specify the day the revocation takes effect; and
 (ii) set out the reasons for the decision as to the day the revocation takes effect; and
 (c) state how the individual may apply for reconsideration of the decisions mentioned in the notice; and
 (d) include such other matters as are prescribed by the rules.

Determinations not legislative instruments
 (7) If a determination under paragraph (1)(a) or (4)(b) is in writing, it is not a legislative instrument.