Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p16
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 16/61)
Character Range: 220357–223107

has relevant *key personnel in common with a person who is or has been an approved provider—the person has a very good record of:
 (i) conduct as a provider of *aged care; and
 (ii) compliance with its responsibilities as such a provider, and meeting its obligations arising from the receipt of any payments from the Commonwealth for providing aged care;
 (d) if, at the time of the application, residential care is being provided through the residential care service—the service meets its *accreditation requirement (see section 42‑4); and
 (e) any other matters specified in the Extra Service Principles.
 (2) The Extra Service Principles may specify the matters to which the Secretary must have regard in considering, or how the Secretary is to determine:
 (a) whether granting *extra service status would unreasonably reduce access as mentioned in paragraph (1)(a); and
 (b) whether the proposed standard referred to in paragraph (1)(b) is significantly higher than the average standard referred to in that paragraph; and
 (c) whether an applicant has a very good record of conduct, compliance or meeting its obligations, for the purposes of paragraph (1)(c); and
 (d) whether a person with whom the applicant has relevant *key personnel in common and who is or has been an approved provider has a very good record of conduct, compliance or meeting its obligations, for the purposes of paragraph (1)(ca).
 (3) The reference in paragraphs (1)(c) and (ca) to aged care includes a reference to any care for the aged, whether provided before or after the commencement of this section, in respect of which any payment was or is payable under a law of the Commonwealth.
 (4) For the purposes of paragraphs (1)(ca) and (2)(d), the applicant has relevant key personnel in common with a person who is or has been an approved provider if:
 (a) at the time the person provided *aged care, another person was one of its *key personnel; and
 (b) that other person is one of the key personnel of the applicant.

32‑5  Competitive assessment of applications
 (1) The Secretary must consider an application in accordance with this section if:
 (a) more than one application in respect of a State or Territory, or a particular region within a State or Territory, is made in response to an invitation under section 32‑2; and
 (b) the Secretary is satisfied that to grant the *extra service status sought in each application that would (apart from this section) succeed would:
 (i) unreasonably reduce access as mentioned in paragraph 32‑4(1)(a); or
 (ii) result in the number of extra service places exceeding the maximum proportion (if any) set by the Minister under section 32‑7.
 (2) The Secretary must grant *extra service status in respect of the applications