Document ID: chunk:federal_register_of_legislation:C2008A00140:clause:1_66:p5
Version: federal_register_of_legislation:C2008A00140
Segment Type: clause
Provision Reference: sch 1 cl 66 (pt 5/6)
Character Range: 31748–34496

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 30 day period following the day on which the alteration notice was given by the Secretary.

16‑18  Notice of decision on transfer

  If the transfer is approved, the notice must include statements setting out the following matters:
 (a) the number of *places to be transferred;
 (b) the proposed transfer day;
 (c) the *aged care service to which the places currently relate, and its location;
 (d) if, after the transfer, the places will relate to a different aged care service—that aged care service;
 (e) the proportion of care, in respect of the places to be transferred, to be provided once the allocation takes effect to:
 (i) *people with special needs; or
 (ii) *supported residents, *concessional residents and *assisted residents; or
 (iii) recipients of *respite care; or
 (iv) people needing a particular level of care; or
 (v) people of the kinds specified in the Allocation Principles;
 (f) such other information as is specified 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)).

16‑19  Transfer day

 (1) The transfer day is the proposed transfer day specified in the application if the transfer is completed on or before that day.

 (2) If the transfer is not completed on or before the proposed transfer day, the transferor and the transferee may apply, in writing, to the Secretary to approve a day as the transfer day.

Note: Because the proposed transfer day must be specified in the application for transfer, the Secretary must be notified if the transfer is not completed on or before the proposed transfer day (see subsection 16‑14(8)).

 (3) The Secretary must, within 28 days after receiving the application under subsection (2):
 (a) approve a day as the transfer day; or
 (b) reject the application;
and, within that period, notify the transferor and the transferee accordingly.

Note: Approvals of days and rejections of applications are reviewable under Part 6.1.

 (4) However, the day approved by the Secretary as the transfer day must not be earlier than the day on which the transfer is actually completed.

16‑20  Transfer of places to service with extra service status

 (1) The Secretary must not approve the transfer of a *provisionally allocated *place from one person to another if:
 (a) the transfer would result in residential care in respect of the place being provided by a different residential care service; and
 (b)