Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p26
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 26/61)
Character Range: 245289–247942

class of residential care services, if the Minister is satisfied that an emergency is affecting or has affected:
 (a) the service or services for that day; or
 (b) the community in which the service or services are located for that day.
Note: An emergency affecting a residential care service or community may include a disaster (whether natural or otherwise), an epidemic or a pandemic.
 (2) For the purposes of subsection (1):
 (a) a class of residential care services may include all residential care services in Australia; and
 (b) a day for which a situation of emergency is determined may be a day that is before, on or after the day the determination is made.
 (3) A determination made under subsection (1) for a class of residential care services is a legislative instrument.
 (4) A determination made under subsection (1) for a particular residential care service is not a legislative instrument, but must be published on the Department's website.
 (5) The Minister may, in writing, delegate to the Secretary the power to make a determination under subsection (1). In exercising the power, the Secretary must comply with any directions of the Minister.

42‑3  Working out periods of leave
 (1) In working out the days on which a care recipient is on *leave under section 42‑2:
 (a) include the day on which the period commenced; and
 (b) do not include the day on which the approved provider recommenced, or commenced, providing residential care to the care recipient.
Note: Absences that do not include an overnight absence from a residential care service are not counted as *leave because of paragraph (b).
 (2) Subject to subsection (3), a care recipient cannot be on *leave under section 42‑2 from a residential care service before he or she *enters the service.
 (3) A care recipient may be on leave (the pre‑entry leave) under section 42‑2 on the days during the period starting on the later of:
 (a) the day on which he or she was notified that there was a vacancy in the residential care service in question; or
 (aa) the day on which he or she accepted a place in the residential care service; or
 (b) the day that is 7 days, or such other period as is specified in the Subsidy Principles, before the day on which the person *enters the residential care service;
and ending at the end of the day before the day the person enters the residential care service.

42‑4  Accreditation requirement
  A residential care service meets its accreditation requirement at all times during which:
 (a) there is in force an accreditation of the service by the *Quality and Safety Commissioner; or
 (b) there is in force a determination under section