Document ID: chunk:federal_register_of_legislation:C2016A00001:clause:1_1:p2
Version: federal_register_of_legislation:C2016A00001
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 2/10)
Character Range: 4331–7045

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.

16‑3  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) if the places were allocated to meet the needs of *people with special needs—whether those needs would continue to be met after the transfer;
 (c) the suitability of the transferee to provide the aged care to which the places to be transferred relate;
 (d) if, after the transfer, the *places would relate to a different *aged care service:
 (i) the financial viability, if the transfer were to occur, of the aged care service in which the places are currently included; and
 (ii) the financial viability, if the transfer were to occur, of the aged care service in which the places would be included; and
 (iii) the suitability of the premises being used, or proposed to be used, to provide care through that aged care service; and
 (iv) the adequacy of the standard of care, accommodation and other services provided, or proposed to be provided, by that aged care service; and
 (v) whether the proposals set out in the notice, for ensuring that care needs are appropriately met for care recipients who are being provided with care in respect of those places, are satisfactory;
 (e) 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;
 (f) 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;
 (g) any other matters set out in the Allocation Principles.
 (2) The reference in paragraphs (1)(e) and (f) to aged care