Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p30
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 30/54)
Character Range: 113437–116102

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 and its obligations arising from the receipt of any payments from the Commonwealth for providing that aged care;
 (h) 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;
 (i) the location in respect of which the place is provisionally allocated will not change as a result of the transfer;
 (j) any other matters set out in the Allocation Principles.
 (2) The reference in paragraphs (1)(f) and (g) to aged care includes a reference to any care for the aged, whether provided before or after the commencement of this subsection, in respect of which any payment was or is payable under a law of the Commonwealth.
 (3) For the purposes of paragraph (1)(g), the transferee has relevant key personnel in common with a person who