Document ID: chunk:federal_register_of_legislation:C2006C00453:clause:1_2
Version: federal_register_of_legislation:C2006C00453
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 1462–2790

2  After subsection 38‑25(3)
Insert:

 (3A) Services provided to a resident of a *retirement village are taken, for the purposes of paragraph (3)(a), to be provided in a residential setting if, and only if:
 (a) he or she is a resident of a *serviced apartment in the retirement village; and
 (b) there is in force a written agreement under which the operator of the retirement village provides daily meals and heavy laundry services to all of the residents of the apartment.

 (3B) However, services provided to a resident of a *serviced apartment in a *retirement village are not taken, for the purposes of paragraph (3)(a), to be provided in a residential setting if:
 (a) the *Aged Care Minister has determined in writing:
 (i) the levels of care services that residents of serviced apartments in retirement villages must require in order for subsection (3) to apply; and
 (ii) the way in which the levels of care services required by residents are to be assessed; and
 (b) the *Aged Care Secretary has not, in accordance with the determination, assessed the person to whom the services are provided as requiring the levels of care services so determined.

 (3C) A determination made for the purposes of paragraph (3B)(a) may be restricted to a specified class of residents of *serviced apartments in *retirement villages.