Document ID: chunk:federal_register_of_legislation:C2004A04495:body:0:p3
Version: federal_register_of_legislation:C2004A04495
Segment Type: other
Provision Reference: 
Character Range: 6181–8972

which it becomes payable to the organisation in respect of the place, is as provided for in section 10D;

    (b)     in either of the following circumstances, the place is taken to be unoccupied for the purposes of section 10D:

         (i) in the case where the person is occupying an approved hostel care place—if the person ceases to permanently reside in the hostel;

         (ii) in the case where the person is occupying an approved respite care place—if the person leaves the hostel (other than as part of the respite care stay in the hostel) or begins residing in the hostel permanently.

"(2) The place is taken to be unoccupied for the purposes of section 10D:

    (a)     in the case of subparagraph (1)(b)(i)—from the day after the person ceases to reside permanently in the hostel; and

    (b)     in the case of subparagraph (1)(b)(ii)—from either the day after the person leaves the hostel or the day the person begins residing permanently in the hostel, as the case may be.

"(3) Subsection (1) cannot operate so as to make financial assistance payable to an organisation if, apart from this section and section 10D, that financial assistance would not otherwise be payable.".

Insertion of new Divisions

8. After Division 4 of Part III of the Principal Act the following Divisions are inserted:

"Division 5—Hostel Standards Review Panels

Establishment

"10FD. The Minister may establish a Hostel Standards Review Panel for each State, the Australian Capital Territory and the Northern Territory.

Functions

"10FE.(1) The functions of a Hostel Standards Review Panel for a State or Territory are:

    (a)     to review and to report, in writing, to the Minister on the operation of an approved hostel in relation to which the Minister proposes to make a declaration under section 10FI; and

  (b)     to undertake such other functions as the Minister directs.

  "(2) The Panel is to perform its functions:

  (a)     at the Minister's direction; or

    (b)     at the written request of an approved operator of an approved hostel in relation to which the Minister proposes to make a declaration under section 10FI.

"(3) In conducting the review, the Panel is to consider whether the care service standards are being met in respect of the provision of care services.

"(4) The Panel's report is to include its findings and the reasons for those findings.

"(5) In making a report referred to in paragraph (1)(a), the Panel must recommend, on the basis of its findings and the reasons for those findings:

    (a)     whether the Minister should make a declaration under section 10FI in respect of the approved hostel; and

    (b)     whether the Minister should make a determination under section 10DAA and for how long the determination should remain in force;