Document ID: chunk:federal_register_of_legislation:C2004A04495:body:0:p11
Version: federal_register_of_legislation:C2004A04495
Segment Type: other
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or revoke or suspend the approval as the case may be.".

Insertion of new section

23. After section 45EA of the Principal Act the following section is inserted:

Secretary may direct proprietor to appoint a nursing home adviser

"45EB.(1) The Secretary may direct the proprietor of an approved nursing home to appoint a nursing home adviser in respect of the home in the following circumstances:

  (a) if:

         (i) there has been a breach of one or more of the conditions applicable to the home other than the condition in paragraph 40AA(6)(ck); and

         (ii) a declaration under subsection 45EA(1) is in force in respect of the home;

  (b) if:

         (i) subparagraph (a)(i) applies in respect of the home; and

         (ii) the Minister has given the proprietor written notice of his or her intention to revoke or suspend the nursing home's approval;

  (c) if:

         (i) there has been a breach of one or more conditions applicable to the home and the condition, or one of the conditions, breached is the condition in paragraph 40AA(6)(ck); and

         (ii) there is in force in respect of the home, a declaration under subsection 45E(1);

  (d) if:

      (i) subparagraph (c)(i) applies in respect of the home; and

        (ii) the Minister has given the proprietor written notice of his or her intention to revoke or suspend the nursing home's approval.

"(2) A direction must be in writing and stipulate the period for which the nursing home adviser is to be appointed.".

Officers to observe secrecy

  24. Section 135A of the Principal Act is amended:

    (a)     by inserting in subsection (5B) "or an appointed nursing home adviser" before "information";

  (b)     by inserting in subsection (24) the following definition:

     " 'appointed nursing home adviser' means a nursing home adviser who holds an appointment, as such an adviser, in respect of an approved nursing home;".

NOTES

   1. No. 81, 1954, as amended. For previous amendments, see No. 47, 1957 (as amended by No. 68, 1969); No. 83, 1967, No. 68, 1969; No. 84, 1972; Nos. 128 and 216, 1973; No. 115, 1974; No. 91, 1976; No. 157, 1980; No. 61, 1981; No. 98, 1982; No. 69, 1983; Nos. 78, 134 and 165, 1984; Nos. 24, 95 and 127, 1985; Nos. 115 and 163, 1986; No. 72, 1987; No. 132, 1987 (as amended by No. 155, 1988); No. 79, 1988 (as amended by No. 155, 1988); Nos. 99 and 155, 1988; No. 87, 1989; Nos. 3, 87 and 141, 1990; No. 211, 1991; and Nos. 88 and 136, 1992.

   2. No. 42, 1974, as amended. For previous amendments, see No. 58, 1975; Nos. 59, 91, 101, 109 and 157, 1976; No. 75, 1977; Nos. 36, 89 and 133, 1978; Nos. 53 and