Document ID: chunk:federal_register_of_legislation:F2022C01044:reg:59
Version: federal_register_of_legislation:F2022C01044
Segment Type: reg
Provision Reference: reg 59
Character Range: 34422–36888

59  Other matters that must be considered
 (1) The Secretary must consider whether the Secretary is satisfied of the following:
 (a) that there are exceptional circumstances justifying the transfer, having regard to the residential care needs of the region; and
 (b) that the residential care needs of the region have changed since the provisional allocation of the places; and
 (c) how the development of the service, to which the provisional allocation of places was made, has progressed; and
 (d) the extent to which the care needs of the region would be better met by transferring the provisionally allocated places to the transferee than by not transferring the places..
 (2) In considering the effect of the proposed transfer on future care recipients, the Secretary must take into account the following:
 (a) whether the transfer would increase or lessen the diversity of choice available to care recipients in the region, having regard to the different kinds of services available in the region;
 (b) whether the transfer will increase the likelihood of care recipients receiving continuity of care in a region;
 (d) if, after the transfer, the places would relate to the same aged care service:
 (i) the suitability of the premises being used by the transferor, and proposed to be used by the transferee, to provide care through the aged care service, in particular whether the premises would comply with the Aged Care Quality Standards; and
 (ii) for a transferee who owns the premises being used by the transferor, and proposed to be used by the transferee, to provide care through the aged care service, being premises that would not comply with the Aged Care Quality Standards—the failure of the transferee to have improved the premises.
Example for paragraph (2)(a):
 In considering choice, kinds of services available in the region may include the following:
(a) services that have extra service status;
(b) ageing in place services;
(c) service for those affected by dementia;
(d) services for people with special needs.
Example for paragraph (2)(b):
 The Secretary may take into account whether the service has demonstrated its long‑term financial and organisational viability.
Note: The Secretary may veto the transfer if the location for which the place is provisionally allocated will change as a result of the transfer (see paragraph 16‑17(1)(d) of the Act).
 (3) The Secretary may consider any other relevant matter.

Division 4—Other matters