Document ID: chunk:federal_register_of_legislation:C2004A04495:body:0:p5
Version: federal_register_of_legislation:C2004A04495
Segment Type: other
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Character Range: 11327–14119

the General Conditions;

the Minister may make a declaration stating that the operator is not meeting the standards in respect of the provision of the services in the hostel and, consequently, is in breach of the General Conditions.

"(2) The declaration must specify the hostel in respect of which the operator is not meeting the care service standards in the provision of care services.

"(3) The Minister must provide a copy of the declaration to the operator concerned.

"(4) A declaration operates from the day the Minister makes it and remains in force until the day the Minister revokes it.

"(5) If the Minister is satisfied that the operator is not meeting the standards in respect of the provision of care services in the hostel, the Minister may take such action as he or she thinks fit under section 10FAA in respect of the hostel whether or not the Minister proposes to, or has taken, action under this section.

Certain matters to occur before Minister makes a declaration

"10FJ.(1) The Minister must not make a declaration under section 10FI in relation to a hostel unless:

    (a)     a Hostel Standards Review Panel has been established for the State or Territory in which the hostel is situated; and

  (b)     any requirements of the Orders have been complied with; and

    (c)     if the approved operator of the hostel has applied, under the Orders, to the Panel for a review under section 10FE of the performance of the hostel—the Minister has considered the Panel's report on the hostel's performance.

"(2) In this section, a reference to 'Territory' is a reference to the Australian Capital Territory or the Northern Territory.

Information about Minister's declaration may be made available to the public

"10FK. Despite the operation of section 10FB, if the Minister has made a declaration under section 10FI in respect of a hostel, the Minister may make public, in any way the Minister thinks fit, any or all of the following information:

    (a)     the name and address of the hostel ('declared hostel') the subject of the declaration;

    (b)     the name and address of any other hostel that the operator of the declared hostel operates;

  (c)     the operator's business name and address;

    (d)     details of the operator's failure to meet the care service standards in respect of the provision of care services in the declared hostel;

    (e)     the actions taken by the Minister because of the operator's failure to meet the standards.".

Certain instruments are disallowable instruments

9. Section 10K of the Principal Act is amended by inserting after paragraph(f) the following paragraph:

 "(fa) Orders made under section 10FH;".

PART 3—AMENDMENTS OF THE HEALTH INSURANCE ACT 1973

Principal Act

10. In this Part, "Principal Act" means