Document ID: chunk:federal_register_of_legislation:C2024A00104:section:245
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 245
Character Range: 409200–410723

245  Determining situations of emergency to enable additional leave
 (1) The Minister may determine, in writing, that there is a situation of emergency for a specified day for an approved residential care home, or a class of approved residential care homes, if the Minister is satisfied that an emergency is affecting or has affected:
 (a) the home or homes for that day; or
 (b) the community in which the home or homes are located for that day.
Note: An emergency affecting an approved residential care home 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 approved residential care homes may include all approved residential care homes 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 approved residential care homes is a legislative instrument.
 (4) A determination made under subsection (1) for a particular approved residential care home is not a legislative instrument, but must be published on the Department's website.
 (5) The Minister may, in writing, delegate to the System Governor the power to make a determination under subsection (1). In exercising the power, the System Governor must comply with any directions of the Minister.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.