Document ID: chunk:federal_register_of_legislation:C2008A00140:clause:1_66:p4
Version: federal_register_of_legislation:C2008A00140
Segment Type: clause
Provision Reference: sch 1 cl 66 (pt 4/6)
Character Range: 29294–31957

transferred took effect;
 (i) if the transferee has been a provider of aged care—its 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;
 (j) if the transferee has relevant *key personnel in common with a person who is or has been an approved provider—the conduct of that person as a provider of aged care, 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;
 (k) the financial viability, if the transfer were to occur, of the transferee and the aged care service in which the places would be included if the transfer were to occur;
 (l) the measures to be adopted by the transferee to protect the rights of care recipients;
 (m) any matters set out in the Allocation Principles.

Note: The Secretary must not approve the transfer if the location in respect of which the place is provisionally allocated will change as a result of the transfer (see paragraph 16‑13(2)(e)).

 (2) The reference in paragraphs (1)(i) and (j) to aged care includes a reference to any care for the aged, whether provided before or after the commencement of this section, in respect of which any payment was or is payable under a law of the Commonwealth.

 (3) For the purposes of paragraph (1)(j), the transferee has relevant key personnel in common with a person who is or has been an approved provider if:
 (a) at the time the person provided *aged care, another person was one of its *key personnel; and
 (b) that other person is one of the key personnel of the transferee.

16‑17  Time limit for decisions on applications

 (1) Subject to this section, the Secretary must, at least 14 days before the proposed transfer day:
 (a) approve the transfer; or
 (b) reject the application;
and notify the transferor and transferee accordingly.

Note: Rejections of applications are reviewable under Part 6.1.

 (2) The Secretary may make a decision under subsection (1) on a later day if the transferor and the transferee agree. However, the later day must not occur on or after the proposed transfer day.

 (3) If:
 (a) the Secretary is given written notice (the alteration notice) under subsection 16‑14(8) of changes to the information contained in the application; and
 (b) the alteration notice is given on or after the day occurring 30 days before the day by which the Secretary must act under subsection (1) of this section;
the Secretary is not obliged to act under subsection (1) until the end of the