Document ID: chunk:federal_register_of_legislation:C2016A00001:clause:1_1:p1
Version: federal_register_of_legislation:C2016A00001
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 1/10)
Character Range: 1847–4573

1  Division 16
Repeal the Division, substitute:

Division 16—How are allocated places transferred from one person to another?

Subdivision 16‑A—Transfer of places other than provisionally allocated places

16‑1  Application of this Subdivision
  This Subdivision applies to an allocated *place, other than a *provisionally allocated place.

16‑2  Transfer notice
 (1) An approved provider to whom the *place has been allocated under Division 14 may give the Secretary a notice (the transfer notice) relating to the transfer of the place to another person.
 (2) The notice must:
 (a) be in a form approved by the Secretary; and
 (b) include the information referred to in subsection (3); and
 (c) be signed by the transferor and the transferee; and
 (d) set out any variation of the conditions to which the allocation is subject under section 14‑5, for which approval is being sought as part of the transfer; and
 (e) if, after the transfer, the *place would relate to a different *aged care service—set out the proposals for ensuring that care needs are appropriately met for care recipients who are being provided with care in respect of a place of that kind.
 (3) The information to be included in the notice is as follows:
 (a) the transferor's name;
 (b) the number of *places to be transferred;
 (c) the *aged care service to which the places currently relate, and its location;
 (d) the proposed transfer day;
 (e) the transferee's name;
 (f) if, after the transfer, the places would relate to a different aged care service—that aged care service, and its location;
 (g) whether any of the places are places included in a residential care service, or a *distinct part of a residential care service, that has *extra service status;
 (h) such other information as is specified in the Allocation Principles.
 (4) The notice must be given:
 (a) if 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