Document ID: chunk:federal_register_of_legislation:F2022C01044:reg:48:p1
Version: federal_register_of_legislation:F2022C01044
Segment Type: reg
Provision Reference: reg 48 (pt 1/2)
Character Range: 25149–27916

48  Other matters that must be considered
 (1) The Secretary must consider the effect of the proposed transfer, on the current and future care recipients in:
 (a) the region from which the places will be transferred; and
 (b) the region to which the places will be transferred.
 (2) In considering the effect of the proposed transfer on current and future care recipients, the Secretary must take into account the following:
 (a) the extent to which the provision of aged care in the region to which the places are to be transferred will benefit as a result of the transfer;
 (b) the extent to which the provision of aged care in the region from which the places are to be transferred will be adversely affected as a result of the transfer;
 (c) whether the transfer would increase or lessen the diversity of choice available to care recipients in the regions, having regard to the different kinds of services available in the region;
 (d) whether the transfer will increase the likelihood of care recipients receiving continuity of care in a region;
 (e) any concerns about the transfer expressed by care recipients who are provided with care through the applicant's aged care service;
 (g) 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 paragraphs (2)(a) and (b):
 The Secretary may consider whether the transfer would affect the provision, in the regions, of aged care services that meet particular needs, including the provision of the following:
(b) services for those affected by dementia;
(c) ageing in place services;
(d) services for couples with differing care needs.
 The Secretary may also consider the effect of the transfer on the quality of services provided in the regions.
Example for paragraph (2)(c):
 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 care recipients affected by dementia;
(d) services for people with special needs.
Example for paragraph (2)(d):
 The Secretary may take into account whether the service has demonstrated its long‑term financial and organisational viability.
 (3) The Secretary may consider