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Schedule 1—Approval of providers of aged care

Schedule 1 Approval of providers of aged care

   

Aged Care (Accommodation Payment Security) Act 2006

1  Subsection 6(1) (definition of approved provider )

Repeal the definition, substitute:

approved provider has the same meaning as in the Aged Care Quality and Safety Commission Act 2018 .

Aged Care (Accommodation Payment Security) Levy Act 2006

2  Section 5 (definition of approved provider )

Repeal the definition, substitute:

approved provider has the same meaning as in the Aged Care Quality and Safety Commission Act 2018 .

Aged Care Act 1997

3  Section 3-2

Omit “a provider”, substitute “an approved provider”.

4  Paragraph 3-2(a)

Repeal the paragraph.

5  At the end of section 3-2

Add:

Note:          For the approval of providers of aged care, see Part 7A of the * Quality and Safety Commission Act.

6  Section 3-4

Omit all the words from and including “sanctions” to the end of the section, substitute “sanctions on an approved provider under Part 7B of the * Quality and Safety Commission Act, which may affect amounts of * subsidy payable to the approved provider.”.

7  Section 5-1

Omit “for the provision of care”, substitute “to an approved provider of * aged care”.

8  Section 5-1

Omit:

•      the provider of the service—the provider must be an approved provider (see Part 2.1);

9  Section 5-1 (note)

Omit “Note”, substitute “Note 1”.

10  At the end of section 5-1

Add:

Note 2:       For the approval of providers of aged care, see Part 7A of the * Quality and Safety Commission Act.

11  Section 5-2 (table item 1)

Repeal the item.

12  At the end of section 5-2

Add:

Note 3:       For the approval of providers of aged care, see Part 7A of the * Quality and Safety Commission Act.

13  Part 2.1 (heading)

Repeal the heading, substitute:

Part 2.1 Approved providers

14  Sections 6-1 and 6-2

Repeal the sections, substitute:

6-1   What this Part is about

A precondition to a provider of * aged care receiving a * subsidy under this Act for the provision of care is that the provider is an approved provider.

For the obligations that arise from being an approved provider, see Division 9 of this Part.

Division 10A of this Part sets out offences relating to disqualified individuals and when remedial orders may be obtained.

15  Paragraph 7-1(a)

Repeal the paragraph, substitute:

                     (a)  the person is an approved provider; and

                    (aa)  the approval of the person is in effect; and

16  Paragraphs 7-1(b) and (c)

Omit “is in force”, substitute “of the person is”.

17  At end of section 7-1

Add:

Note:          For the approval of providers of aged care, see Part 7A of the * Quality and Safety Commission Act.

18  Division 8

Repeal the Division.

19  Subsection 9-1(1)

Omit “Secretary”, substitute “ * Quality and Safety Commissioner”.

20  Subsection 9-1(1)

Omit “(see section 8-3)”.

21  Subsection 9-1(2)

Omit “Secretary”, substitute “ * Quality and Safety Commissioner”.

22  After subsection 9-1(3A)

Insert:

          (3B)  The Approved Provider Principles may specify changes of circumstances that are taken, for the purposes of subsection (1), to materially affect an approved provider’s suitability to be a provider of * aged care.

23  Subsection 9-1(4)

Omit “Secretary”, substitute “ * Quality and Safety Commissioner”.

24  Subsection 9-2(1)

Omit “The Secretary”, substitute “The * Quality and Safety Commissioner”.

25  Subsection 9-2(1)

Omit “the Secretary”, substitute “the Commissioner”.

26  Subsection 9-2(1)

Omit “(see section 8-3)”.

27  Subsection 9-3A(1)

After “The Secretary”, insert “or * Quality and Safety Commissioner”.

28  Subsection 9-3A(1)

After “the Secretary”, insert “or Commissioner”.

29  Paragraph 9-3A(3)(a)

After “Secretary”, insert “or * Quality and Safety Commissioner”.

30  Subsection 9-3B(1)

After “Secretary”, insert “or * Quality and Safety Commissioner”.

31  Subsection 9-3B(2)

After “The Secretary”, insert “or * Quality and Safety Commissioner”.

32  Subsection 9-3B(2)

After “the Secretary”, insert “or Commissioner”.

33  Paragraph 9-3B(2)(a)

Omit “(see section 8-3)”.

34  Subsections 9-3B(3) and (5)

After “Secretary”, insert “or * Quality and Safety Commissioner”.

35  Section 9-4

Omit “a person’s approval under section 8-1 is suspended for a period under Part 4.4”, substitute “a person’s approval as a provider of * aged care under Part 7A of the * Quality and Safety Commission Act is suspended for a period under Part 7B of that Act”.

36  Division 10

Repeal the Division.

37  Section 10A-1

Repeal the section.

38  Subsection 10A-3(7)

Repeal the subsection.

39  Subsection 14-1(2)

Repeal the subsection, substitute:

             (2)  The * places may only be allocated to a person if:

                     (a)  the person is an approved provider and the person’s approval is in respect of the * aged care in respect of which the places are allocated; or

                     (b)  both of the following apply:

                              (i)  the person will be an approved provider at the time the allocation takes effect or, in the case of a provisional allocation, at the time that allocation begins to be in force;

                             (ii)  the person’s approval will be in respect of the aged care in respect of which the places are allocated.

40  Paragraph 16-2(4)(a)

Omit “has been approved under section 8-1 as a provider of * aged care”, substitute “is an approved provider”.

41  Paragraph 16-2(4)(b)

Omit “has not been approved under section 8-1 as a provider of aged care”, substitute “is not an approved provider”.

42  Paragraph 16-13(4)(a)

Omit “has been approved under section 8-1 as a provider of * aged care”, substitute “is an approved provider”.

43  Paragraph 16-13(4)(b)

Omit “has not been approved under section 8-1 as a provider of aged care”, substitute “is not an approved provider”.

44  Paragraph 33-3(1)(c)

Repeal the paragraph, substitute:

                     (c)  the approval of the approved provider of the service ceases to have effect under section 63G of the * Quality and Safety Commission Act.

45  Paragraph 46-1(1)(a)

Repeal the paragraph, substitute:

                     (a)  the approval of the approved provider is in respect of home care; and

46  Subsection 63-1C(1)

Omit “by the Secretary in a notice given under subsection 8-5(3) is to comply with subsection (2)”, substitute “in a notice given to the provider under subsection 63E(1) of the * Quality and Safety Commission Act is to comply with subsection (2) of this section”.

47  Subsection 63-1C(2)

Omit “under subsection 8-5(3)”.

48  Paragraph 72-1(4)(a)

Repeal the paragraph, substitute:

                     (a)  whose approval is in respect of * residential care; and

49  Subparagraph 86-1(b)(iii)

Repeal the subparagraph.

50  Clause 1 of Schedule 1 (definition of approved provider )

Repeal the definition, substitute:

approved provider has the same meaning as in the * Quality and Safety Commission Act.

51  Clause 1 of Schedule 1 (definition of authority of a State or Territory )

Repeal the definition.

52  Clause 1 of Schedule 1 (definition of disqualified individual )

Repeal the definition, substitute:

disqualified individual has the same meaning as in the * Quality and Safety Commission Act.

53  Clause 1 of Schedule 1 (definition of key personnel )

Repeal the definition, substitute:

key personnel of a person or body has the same meaning as in the * Quality and Safety Commission Act.

54  Clause 1 of Schedule 1 (definition of local government authority )

Repeal the definition.

Aged Care Quality and Safety Commission Act 2018

55  Subsection 5(1)

Omit “(1)”.

56  Subsection 5(2)

Repeal the subsection.

57  Section 6 (after paragraph (a))

Insert:

     (aa)     the function of approving providers of aged care; and

58  Section 7 (definition of approved provider )

Repeal the definition, substitute:

approved provider : a person or body is an approved provider if:

                     (a)  the person or body:

                              (i)  has been approved as a provider of aged care under section 63D; or

                             (ii)  is taken, under paragraph 63F(2)(a), to be an approved provider; and

                     (b)  the approval of the person or body is in effect.

Note:          The approval of the person or body ceases to have effect if it is suspended or revoked under Division 4 of Part 7A or Part 7B.

59  Section 7

Insert:

corporation means a trading or financial corporation within the meaning of paragraph 51(xx) of the Constitution.

disqualified individual has the meaning given by section 8A.

Federal Court means the Federal Court of Australia.

flexible care has the same meaning as in the Aged Care Act.

flexible care service has the same meaning as in the Aged Care Act.

home care has the same meaning as in the Aged Care Act.

indictable offence means:

                     (a)  an indictable offence against a law of the Commonwealth or of a State or Territory; or

                     (b)  an offence that:

                              (i)  is an offence against a law of a foreign country or of a part of a foreign country; and

                             (ii)  when committed, corresponds to an indictable offence against a law of the Commonwealth or of a State or Territory.

key personnel of a person or body has the meaning given by section 8B.

local government authority means a body established for the purposes of local government by or under a law of a State or Territory.

provisional allocation has the same meaning as in the Aged Care Act.

residential care has the same meaning as in the Aged Care Act.

State or Territory authority means a body established for a public purpose by or under a law of a State or Territory.

60  After section 8

Insert:

8A   Meaning of disqualified individual

             (1)  An individual is a disqualified individual if:

                     (a)  the individual has been convicted of an indictable offence, whether before, on or after the commencement of this section; or

                     (b)  the individual is an insolvent under administration; or

                     (c)  both of the following apply:

                              (i)  the individual is one of the key personnel of a person or body;

                             (ii)  a registered medical practitioner certifies that the individual is unable to perform the individual’s duties as one of those key personnel because of mental incapacity.

             (2)  This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).

8B   Meaning of key personnel of a person or body

             (1)  Each of the following is one of the key personnel of a person or body (the entity ) at a particular time:

                     (a)  if the entity is not a State or Territory—a member of the group of persons who is responsible for the executive decisions of the entity at that time;

                     (b)  if the entity is not a State or Territory—any other person who has authority or responsibility for, or significant influence over, planning, directing or controlling the activities of the entity at that time;

                     (c)  if, at that time, the entity conducts an aged care service:

                              (i)  any person who is responsible for the nursing services provided by the service and who holds a recognised qualification in nursing; and

                             (ii)  any person who is responsible for the day-to-day operations of the service;

                            whether or not the person is employed by the entity;

                     (d)  if, at that time, the entity proposes to conduct an aged care service:

                              (i)  any person who is likely to be responsible for the nursing services to be provided by the service and who holds a recognised qualification in nursing; and

                             (ii)  any person who is likely to be responsible for the day-to-day operations of the service;

                            whether or not the person is employed by the entity.

             (2)  Without limiting paragraph (1)(a), a reference in that paragraph to a member of the group of persons who is responsible for the executive decisions of an entity includes:

                     (a)  if the entity is a body corporate that is incorporated, or taken to be incorporated, under the Corporations Act 2001 —a director of the body corporate for the purposes of that Act; and

                     (b)  in any other case—a member of the entity’s governing body.

61  Section 14 (after paragraph (a))

Insert:

     (aa)     approving providers of aged care; and

62  After paragraph 16(1)(a)

Insert:

                    (aa)  the functions conferred on the Commissioner by Part 7A (which deals with the approval of providers of aged care etc.);

63  At the end of subsection 60(2)

Add:

               ; or (c)  relates to the affairs of an applicant for approval under section 63B.

64  After Part 7

Insert:

Part 7A Approval of providers of aged care etc.

Division 1 Introduction

63A   Simplified outline of this Part

Division 2 of this Part deals with approving providers of aged care. For when a State or Territory, a State or Territory authority or a local government authority is taken to be an approved provider of aged care, see Division 3 of this Part.

Division 4 of this Part deals with the cessation and revocation of an approval to be a provider of aged care. An approval may be revoked by the Commissioner under Division 4 of this Part or Part 7B. An approval ceases to have effect when the approval is revoked or, if the approval of the provider is suspended for a particular period under Part 7B, during the period of the suspension.

Division 2 Approval of providers of aged care

63B   Application for approval as provider of aged care

             (1)  A person may apply to the Commissioner to be approved as a provider of aged care.

             (2)  The application must:

                     (a)  be made in writing; and

                     (b)  be in a form approved by the Commissioner; and

                     (c)  be accompanied by any documents or information specified by the Commissioner; and

                     (d)  be accompanied by any fee specified by the Commissioner.

             (3)  The person may, in writing, withdraw the application at any time before the Commissioner makes a decision on the application.

63C   Request for further information

             (1)  If:

                     (a)  a person makes an application under subsection 63B(1); and

                     (b)  the Commissioner needs further information to make a decision on the application;

the Commissioner may, by written notice, request the person to give further information to the Commissioner within a specified period.

             (2)  The specified period must not be shorter than 28 days after the notice is given.

             (3)  However, the specified period may be shorter than 28 days after the notice is given if the circumstances specified in the rules apply in relation to the application.

             (4)  The Commissioner may, at the person’s request, extend the specified period.

             (5)  If the person does not give the requested further information within:

                     (a)  if the specified period has been extended under subsection (4)—the period as so extended; or

                     (b)  otherwise—the specified period;

the application is taken to be withdrawn at the end of the period.

Note:          If the application is taken to be withdrawn under this subsection, the person may make another application under section 63B.

             (6)  A notice given under subsection (1) must set out the effect of subsection (5).

63D   Commissioner must decide whether to approve person as provider of aged care

             (1)  If a person makes an application under subsection 63B(1), the Commissioner must decide whether to approve the person as a provider of aged care within:

                     (a)  if a request for further information in relation to the application has been made under subsection 63C(1)—90 days after receiving the further information; or

                     (b)  otherwise—within 90 days after receiving the application.

Note:          See Part 8B for the reconsideration of a decision not to approve a person as a provider of aged care.

Approval as provider of aged care

             (2)  The Commissioner must not approve the person as a provider of aged care unless the Commissioner is satisfied that:

                     (a)  the person is a corporation; and

                     (b)  the person is suitable to provide aged care; and

                     (c)  none of the key personnel of the person is a disqualified individual.

Suitability to provide aged care

             (3)  In deciding whether the person is suitable to provide aged care, the Commissioner must consider the following matters:

                     (a)  the person’s experience in providing, at any time, aged care or other relevant forms of care;

                     (b)  the person’s demonstrated understanding of the person’s responsibilities as a provider of the type of aged care for which approval is sought;

                     (c)  the systems that the person has, or proposes to have, in place to meet the person’s responsibilities as a provider of the type of aged care for which approval is sought;

                     (d)  the person’s record of financial management and the methods that the person uses, or proposes to use, in order to ensure sound financial management;

                     (e)  if, at any time, the person has been a provider of aged care or other relevant forms of care—the person’s conduct as such a provider and the person’s compliance with:

                              (i)  the person’s responsibilities as a provider of that care; and

                             (ii)  the person’s obligations arising from the receipt of any payments from the Commonwealth for providing that care;

                      (f)  any other matters specified in the rules.

             (4)  In considering a matter referred to in paragraph (3)(a), (b), (d), (e) or (f), the Commissioner may also consider the matter in relation to any or all of the key personnel of the person.

             (5)  The rules may specify the matters to which the Commissioner must have regard in considering any of the matters set out in paragraphs (3)(a) to (f).

             (6)  Subsection (3) does not limit the matters the Commissioner may consider in deciding whether the person is suitable to provide aged care.

63E   Notification of decision relating to approval of person as provider of aged care

Decision to approve person as a provider of aged care

             (1)  If the Commissioner decides to approve the person as a provider of aged care under section 63D, the Commissioner must, within 14 days after making the decision, give written notice of the following to the person:

                     (a)  the decision;

                     (b)  the day the approval comes into effect;

                     (c)  whether the approval is given in respect of all types of aged care or only in respect of a certain type or types of aged care;

                     (d)  if the approval is in respect of residential care or flexible care—that the approval is in respect of each residential care service or flexible care service in respect of which:

                              (i)  an allocation of a place to the person in respect of the service is in effect under Part 2.2 of the Aged Care Act (including a place transferred to the person under that Part); or

                             (ii)  a provisional allocation of a place to the person in respect of the service is in force under that Part (including a place transferred to the person under that Part);

                     (e)  if the approval is in respect of home care—that the approval is in respect of each home care service in relation to which the person notifies the Secretary of the information required by section 9-1A of the Aged Care Act;

                      (f) if the Commissioner is satisfied that there are one or more circumstances that materially affect the person’s suitability to provide aged care—those circumstances and the steps the person must take to notify the Commissioner and obtain the Commissioner’s agreement before there is any change to those circumstances.

             (2)  The notice must also set out the following matters:

                     (a)  the obligations of approved providers under Division 9 of the Aged Care Act to notify of, or give, certain information;

                     (b)  the circumstances in which the approval may be suspended or revoked under Division 4 of this Part, or Part 7B, of this Act;

                     (c)  the circumstances in which the approval may be restricted under Part 7B of this Act and the effect of section 7-2 of the Aged Care Act.

Note:          Under Part 7B of this Act, the Commissioner may restrict a person’s approval as a provider of aged care to certain aged care services or to certain care recipients.

Decision not to approve person as provider of aged care

             (3)  If the Commissioner decides not to approve the person as a provider of aged care under section 63D, the Commissioner must, within 14 days after making the decision, give written notice of the following to the person:

                     (a)  the decision;

                     (b)  the reasons for the decision;

                     (c)  how the person may apply for the reconsideration of the decision.

Secretary must be given copy of notice

             (4)  The Commissioner must, as soon as is practicable, give the Secretary a copy of a notice given under subsection (1) or (3).

Division 3 Deemed approval of States, Territories and local government etc.

63F   States, Territories and local government etc. taken to be approved providers etc.

             (1)  Subject to subsection (3), a person or body of the following kind (the entity ) may give the Commissioner a written notice requesting that this section applies in relation to the entity:

                     (a)  a State or Territory;

                     (b)  a State or Territory authority;

                     (c)  a local government authority.

             (2)  If the entity gives the Commissioner a notice under subsection (1), each of the following apply for the purposes of this Act, the rules, the Aged Care Act and the Aged Care Principles:

                     (a)  the entity is taken to be an approved provider;

                     (b)  the approval of the entity is taken to come into effect on the first day after the day the notice is received by the Commissioner;

                     (c)  the approval of the entity is taken to be in respect of:

                              (i)  all types of aged care; and

                             (ii)  all types of aged care services that are provided, or will be provided, by the entity.

Note:          As the entity is an approved provider, the entity’s approval may be suspended or revoked under Division 4 of this Part, or Part 7B, of this Act.

             (3)  If:

                     (a)  an entity is taken to be an approved provider under paragraph (2)(a); and

                     (b)  the approval of the entity is revoked under Division 4 of this Part or Part 7B;

then:

                     (c)  the entity is not permitted to give the Commissioner another notice under subsection (1); and

                     (d)  if the entity subsequently applies under section 63B for approval as a provider of aged care—the entity is taken, for the purposes of the application, to be a corporation.

Division 4 Cessation and revocation of approval

63G   When approval as provider of aged care ceases to have effect

Suspension of approval

             (1)  If the approval of an approved provider is suspended for a particular period under Part 7B, the approval does not have effect during the period.

Revocation of approval

             (2)  The approval of an approved provider ceases to have effect if the approval is revoked under this Division or Part 7B.

63H   Revocation of approval on request of approved provider

Request for revocation

             (1)  An approved provider may request the Commissioner to revoke the approval of the provider.

             (2)  The request must:

                     (a)  be made in writing; and

                     (b)  be in a form approved by the Commissioner; and

                     (c)  be accompanied by any documents or information specified by the Commissioner; and

                     (d)  be accompanied by any fee specified by the Commissioner; and

                     (e)  specify the day (the revocation day ) on which the revocation is to take effect; and

                      (f)  be made at least 60 days, or such other number of days as specified in the rules, before the revocation day.

Revocation of approval

             (3)  If an approved provider makes a request under subsection (1), the Commissioner must, within 28 days after the request is made, revoke the approval of the provider if the Commissioner is satisfied that:

                     (a)  if the provider provides a residential care service or flexible care service—the allocation of places to the provider in respect of the service either:

                              (i)  has ceased to have effect under paragraph 18-1(1)(a) or (b) of the Aged Care Act; or

                             (ii)  will cease to have effect under that paragraph before the revocation day; and

                     (b)  if the provider provides a home care service—appropriate arrangements have been made to ensure that the care recipients (if any) to whom the provider will no longer be approved to provide home care after the revocation day will continue to be provided with care after that day.

Notification of revocation decision

             (4)  If the Commissioner decides to revoke the approval of the approved provider under subsection (3), the Commissioner must give the provider written notice of the decision and the revocation day.

             (5)  The notice under subsection (4) must be given at least 14 days before the revocation day.

             (6)  If the Commissioner decides not to revoke the approval of the approved provider under subsection (3), the Commissioner must, within 14 days after making the decision, give written notice of the following to the provider:

                     (a)  the decision;

                     (b) the reasons for the decision;

                     (c)  how the provider may apply for reconsideration of the decision.

             (7)  The Commissioner must, as soon as is practicable, give the Secretary a copy of a notice given under subsection (4) or (6).

63J   Revocation of approval of approved provider if Commissioner is satisfied of certain matters

Revocation of actual approval

             (1)  If an approved provider was approved under section 63D, the Commissioner must revoke the approval of the provider if the Commissioner is satisfied that:

                     (a)  in a case in which the provider was, or was taken to be, a corporation at the time of the approval—the provider has ceased to be a corporation; or

                     (b)  the provider has ceased to be suitable to provide aged care; or

                     (c)  the provider’s application for approval contained information that was false or misleading in a material particular.

Note:          The approved provider may request the Commissioner to reconsider the decision under Part 8B.

Revocation of deemed approval

             (2)  If a person or body is taken, under section 63F, to be an approved provider, the Commissioner must revoke the approval of the person or body if the Commissioner is satisfied that the person or body is not suitable to provide aged care.

Note:          The person or body may request the Commissioner to reconsider the decision under Part 8B.

Suitability to provide aged care

             (3)  In deciding whether a person or body (the entity ) has ceased to be, or is not, suitable to provide aged care, the Commissioner must consider the following matters:

                     (a)  the entity’s experience in providing, at any time, aged care or other relevant forms of care;

                     (b)  the entity’s demonstrated understanding of the entity’s responsibilities as a provider of the type of aged care to which the entity’s approval relates;

                     (c)  the systems that the entity has in place to meet the entity’s responsibilities as a provider of the type of aged care to which the entity’s approval relates;

                     (d)  the entity’s record of financial management and the methods that the entity uses in order to ensure sound financial management;

                     (e)  if, at any time, the entity has been a provider of aged care or other relevant forms of care—the entity’s conduct as such a provider and the entity’s compliance with:

                              (i)  the entity’s responsibilities as a provider of that care; and

                             (ii)  the entity’s obligations arising from the receipt of any payments from the Commonwealth for providing that care;

                      (f)  any other matters specified in the rules.

             (4)  In considering a matter referred to in paragraph (3)(a), (b), (d), (e) or (f), the Commissioner may also consider the matter in relation to any or all of the key personnel of the entity.

             (5)  The rules may specify the matters to which the Commissioner must have regard in considering any of the matters referred to in subsection (3).

             (6)  Subsection (3) does not limit the matters the Commissioner may consider in deciding whether the entity is suitable to provide aged care.

63K   Notice of intention to revoke approval as provider of aged care

             (1)  Before the Commissioner decides to revoke the approval of an approved provider under section 63J, the Commissioner must, by written notice, notify the provider that the revocation is being considered.

             (2)  The notice must:

                     (a)  set out the Commissioner’s reasons for considering the revocation; and

                     (b)  invite the approved provider to make submissions, in writing, to the Commissioner about the matter within 28 days after receiving the notice; and

                     (c)  inform the provider that if no submissions are made within that period, any revocation may take effect as early as 7 days after the end of that period.

             (3)  In deciding whether to revoke the approval of an approved provider under section 63J, the Commissioner must consider any submissions made by the provider to the Commissioner within the period referred to in paragraph (2)(b) of this section.

             (4)  The Commissioner must decide whether to revoke the approval of an approved provider under section 63J within 28 days after the end of the period referred to in paragraph (2)(b) of this section.

63L   Notice of revocation of approval as provider of aged care etc.

             (1)  If the Commissioner decides, under section 63J, to revoke the approval of a person or body (the entity ) as an approved provider, the Commissioner must, within 14 days after making the decision, give written notice of the following to the entity:

                     (a)  the decision;

                     (b) the reasons for the decision;

                     (c)  how the entity may apply for reconsideration of the decision.

Notice of revocation day

             (2)  Subject to subsection (4), the Commissioner must also give the entity a written notice that specifies the day (the revocation day ) on which the revocation of the entity’s approval takes effect.

Note:          A notice under this subsection may be given to the entity whether or not a notice has been given to the entity under subsection (5).

             (3)  The notice under subsection (2):

                     (a)  must be given at least 7 days before the revocation day; and

                     (b)  may be given at the same time the notice under subsection (1) is given to the entity or at a later time.

             (4)  The Commissioner must not give a notice under subsection (2) to the entity unless the Commissioner is satisfied that appropriate arrangements have been made to ensure that the care recipients to whom the entity will no longer be approved to provide aged care after the revocation day will continue to be provided with care after that day.

Notice of limitation on approval prior to revocation day

             (5)  Subject to subsection (8), the Commissioner may also give the entity a written notice that specifies:

                     (a)  that the entity’s approval is limited, or further limited, to any one or more of the following:

                              (i)  one or more specified types of aged care;

                             (ii)  one or more specified aged care services;

                            (iii)  one or more specified classes of care recipient; and

                     (b)  the day (the approval limitation day ) on which the limitation takes effect.

             (6)  A notice under subsection (5):

                     (a)  must specify a day as the approval limitation day that is at least 7 days after the notice is given; and

                     (b)  may be given at the same time the notice under subsection (1) is given to the entity or at a later time.

             (7)  The Commissioner may give the entity more than one notice under subsection (5).

             (8)  The Commissioner must not give the entity a notice under subsection (5) unless the Commissioner is satisfied that appropriate arrangements have been made to ensure that the care recipients to whom the entity will no longer be approved to provide aged care after the approval limitation day specified in the notice will continue to be provided with care after that day.

Aged Care (Transitional Provisions) Act 1997

65  Section 3-2

Omit “a provider”, substitute “an approved provider”.

66  Paragraph 3-2(a)

Repeal the paragraph.

67  At the end of section 3-2

Add:

Note:          For the approval of providers of aged care, see Part 7A of the * Quality and Safety Commission Act.

68  Section 3-4

Omit all the words from and including “sanctions” to the end of the section, substitute “sanctions on an approved provider under Part 7B of the * Quality and Safety Commission Act, which may affect amounts of subsidy payable to the provider.”.

69  Paragraph 46-1(1)(a)

Repeal the paragraph, substitute:

                     (a)  the approval of the approved provider is in respect of home care; and

70  Clause 1 of Schedule 1 (definition of approved provider )

Repeal the definition, substitute:

approved provider has the same meaning as in the * Quality and Safety Commission Act.

71  Clause 1 of Schedule 1

Insert:

Quality and Safety Commission Act means the Aged Care Quality and Safety Commission Act 2018 .

A New Tax System (Goods and Services Tax) Act 1999

72  Section 195-1 (paragraph (d) of the definition of retirement village )

Omit “that Act”, substitute “the Aged Care Quality and Safety Commission Act 2018 ”.

Healthcare Identifiers Act 2010

73  Section 5 (paragraph (a) of the definition of aged care purpose )

Omit “ Aged Care Act 1997 ”, substitute “ Aged Care Quality and Safety Commission Act 2018 ”.

Social Security Act 1991

74  At the end of subsection 23(4CA)

Add “(within the meaning of the Aged Care Quality and Safety Commission Act 2018 )”.

75  Subsection 23(4CB)

Repeal the subsection, substitute:

        (4CB)  An expression used in subsection (4CA) and in the Aged Care Act 1997 has the same meaning in that subsection as in that Act.

Veterans’ Entitlements Act 1986

76  Paragraph 5H(8)(na)

Omit “those Acts”, substitute “the Aged Care Quality and Safety Commission Act 2018 ”.

77  Subsection 5N(1) (definition of residential care charge )

Repeal the definition, substitute:

residential care charge means an amount paid by, or on behalf of, a person to an approved provider (within the meaning of the Aged Care Quality and Safety Commission Act 2018 ) for the provision of care to the person, but does not include an accommodation bond (within the meaning of the Aged Care Act 1997 ).

78  Subparagraph 5NC(5)(a)(i)

After “provider”, insert “(within the meaning of the Aged Care Quality and Safety Commission Act 2018 )”.

79  Subsection 5NC(9)

Repeal the subsection, substitute:

             (9)  An expression used in subsection (5) and in the Aged Care Act 1997 has the same meaning in that subsection as in that Act.