Document ID: chunk:federal_register_of_legislation:C2016A00001:clause:1_1:p7
Version: federal_register_of_legislation:C2016A00001
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 7/10)
Character Range: 16690–19379

the transferee has been approved under section 8‑1 as a provider of *aged care (even if the approval has not yet begun to be in force)—no later than 60 days, or such other period as the Secretary determines under subsection (5), before the proposed transfer day specified in the notice; or
 (b) if the transferee has not been approved under section 8‑1 as a provider of aged care—no later than 90 days, or such other period as the Secretary determines under subsection (5), before the proposed transfer day specified in the notice.
 (5) The Secretary may, at the request of the transferor and the transferee, determine another period under paragraph (4)(a) or (b) if the Secretary is satisfied that it is justified in the circumstances.
 (6) In deciding whether to make a determination, and in determining another period, the Secretary must consider any matters set out in the Allocation Principles.
 (7) The Secretary must give written notice of his or her decision under subsection (5) to the transferor and the transferee.
 (8) If the information included in a transfer notice changes, the notice is taken not to have been given under this section unless the transferor and the transferee give the Secretary written notice of the changes.

16‑14  Consideration of notices
 (1) If the Secretary receives a transfer notice, the Secretary must consider whether the Secretary is satisfied of the following:
 (a) whether the transfer would meet the objectives of the planning process set out in section 12‑2;
 (b) the adequacy of the standard of care, accommodation and other services proposed to be provided by the *aged care service in which the places would be included if the transfer were to occur;
 (c) the suitability of the transferee to provide the *aged care to which the places to be transferred relate;
 (d) the suitability of the premises proposed to be used to provide care through the aged care service in which the places would be included if the transfer were to occur;
 (e) if the places were allocated to meet the needs of *people with special needs—whether those needs would be met once the allocation of the places to be transferred took effect;
 (f) if the transferee has been a provider of aged care—its satisfactory conduct as such a provider, and its compliance with its responsibilities as such a provider and its obligations arising from the receipt of any payments from the Commonwealth for providing that aged care;
 (g) if the transferee has relevant *key personnel in common with a person who is or has been an approved provider—the satisfactory conduct of that person as a provider of aged care, and its compliance with its responsibilities as such a provider