Aged Care Act 1997 (Cth)

Aged Care Act 1997

No. 112, 1997

Compilation No. 91

Compilation date: 20 September 2025

Includes amendments: Act No. 45, 2025

About this compilation

This compilation

This is a compilation of the Aged Care Act 1997 that shows the text of the law as amended and in force on 20 September 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register ( saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act relating to aged care, and for other purposes

Chapter 1IntroductionDivision 1Preliminary matters1‑1Short title

This Act may be cited as the Aged Care Act 1997.

1‑2Commencement

(1)
This Division commences on the day on which this Act receives the Royal Assent.
(2)
Subject to subsection (3), the provisions of this Act (other than the provisions of this Division) commence on a day or days to be fixed by Proclamation.
(3)
If a provision of this Act does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

1‑3Identifying defined terms

(1)
Many of the terms in this Act are defined in the Dictionary in Schedule 1.
(2)
Most defined terms are identified by an asterisk appearing at the start of the term: as in “*aged care service”. The footnote that goes with the asterisk contains a signpost to the Dictionary.
(3)
An asterisk usually identifies the first occurrence of a term in a subsection, note or definition. Later occurrences of the term in the same subsection, note or definition are not asterisked.
(4)
Terms are not asterisked in headings, tables or diagrams.
(5)
The following basic terms used throughout the Act are not identified with an asterisk:

Terms that are not identified
Item	This term:	is defined in:
1	approved provider	Schedule 1
2	care	Schedule 1
3	home care	section 45‑3
4	home care service	Schedule 1
5	flexible care	section 49‑3
6	flexible care service	Schedule 1
7	provide	section 96‑4
8	residential care	section 41‑3
9	residential care service	Schedule 1
10	Secretary	Schedule 1

1‑4Tables of Divisions and Subdivisions do not form part of this Act

Tables of Divisions and tables of Subdivisions do not form part of this Act.

1‑5Application to continuing care recipients

Chapters 3 and 3A of this Act do not apply in relation to a *continuing care recipient.
Note: Subsidies, fees and payments for continuing care recipients are dealt with in the Aged Care (Transitional Provisions) Act 1997.

Division 2Objects2‑1The objects of this Act

(1)
The objects of this Act are as follows:
(a)
to provide for funding of *aged care that takes account of:
(i)
the quality of the care; and
(ii)
the *type of care and level of care provided; and
(iii)
the need to ensure access to care that is affordable by, and appropriate to the needs of, people who require it; and
(iv)
appropriate outcomes for recipients of the care; and
(v)
accountability of the providers of the care for the funding and for the outcomes for recipients;
(b)
to promote a high quality of care and accommodation for the recipients of *aged care services that meets the needs of individuals;
(c)
to protect the health and well‑being of the recipients of aged care services;
(d)
to ensure that aged care services are targeted towards the people with the greatest needs for those services;
(e)
to facilitate access to aged care services by those who need them, regardless of race, culture, language, gender, economic circumstance or geographic location;
(f)
to provide respite for families, and others, who care for older people;
(g)
to encourage diverse, flexible and responsive aged care services that:
(i)
are appropriate to meet the needs of the recipients of those services and the carers of those recipients; and
(ii)
facilitate the independence of, and choice available to, those recipients and carers;
(h)
to help those recipients to enjoy the same rights as all other people in Australia;
(i)
to plan effectively for the delivery of aged care services that:
(i)
promote the targeting of services to areas of the greatest need and people with the greatest need; and
(ii)
avoid duplication of those services; and
(iii)
improve the integration of the planning and delivery of aged care services with the planning and delivery of related health and community services;
(j)
to promote ageing in place through the linking of care and support services to the places where older people prefer to live.
(2)
In construing the objects, due regard must be had to:
(a)
the limited resources available to support services and programs under this Act; and
(b)
the need to consider equity and merit in accessing those resources.

Division 3Overview of this Act3‑1General

(1)
This Act provides for the Commonwealth to give financial support:
(a)
through payment of *subsidies for the provision of *aged care; and
(b)
through payment of grants for other matters connected with the provision of aged care.
Subsidies are paid under Chapter 3 (but Chapters 2 and 4 are also relevant to subsidies), and grants are paid under Chapter 5.
(2)
*Subsidies are also paid under Chapter 3 of the Aged Care (Transitional Provisions) Act 1997.

3‑2Preliminary matters relating to subsidies (Chapter 2)

Before the Commonwealth can pay *subsidy to an approved provider of *aged care, a number of approvals and similar decisions may need to have been made under Chapter 2. These may relate to:
(b)
the *aged care service in question (for example, for residential care services and flexible care services the requirement that *places have been allocated in respect of the service); or
(c)
the recipient of aged care (for example, the requirement that the recipient has been approved as a recipient of the type of aged care that is provided).
Note: For the approval of providers of aged care, see Part 7A of the *Quality and Safety Commission Act.

3‑3Subsidies

A number of different kinds of *subsidy can be paid. They are paid for *aged care that has been provided. Eligibility for a subsidy depends on:
(a)
particular approvals and similar decisions having been made under Chapter 2; and
(b)
the circumstances in which the care is provided (for example, whether the care is provided in a residential care service that meets its *accreditation requirement).

3‑3AFees and payments

Care recipients may be required to pay for, or contribute to, the costs of their care and accommodation. Fees and payments are dealt with in Chapter 3A of this Act, and in Divisions 57, 57A, 58 and 60 of the Aged Care (Transitional Provisions) Act 1997.

3‑4Responsibilities of approved providers (Chapter 4)

Approved providers have certain responsibilities under Chapter 4. These responsibilities relate to:
(a)
the quality of care they provide; and
(b)
user rights for the people to whom care is provided; and
(c)
accountability for the care that is provided, and the basic suitability of their *key personnel.
Failure to meet these responsibilities can lead to the imposition of 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.

3‑5Grants (Chapter 5)

The Commonwealth makes grants under Chapter 5 to contribute to costs associated with:
(a)
the establishment or enhancement of *aged care services (for example, *residential care grants); or
(c)
support services related to the provision of aged care (for example, *advocacy grants).
The grants are (in most cases) payable under agreements with the recipients of the grants, and may be subject to conditions.

Division 4Application of this Act4‑1Application of this Act

(1)
This Act applies in all the States and Territories.
(2)
However, this Act does not apply in any external Territory, except Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands.
(3)
Despite subsection (1), Parts 2.2, 2.5 and 3.1 apply in relation to the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands as if those Territories were part of Western Australia and were not Territories.
Note: This has the effect that references in Parts 2.2, 2.5 and 3.1 to a Territory do not apply to the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands, and that references in those Parts to a State will be relevant to Western Australia as if it included those Territories.
(4)
Despite subsection (1), Parts 2.2, 2.5 and 3.1 apply in relation to Norfolk Island as if Norfolk Island were part of New South Wales and were not a Territory.
Note: This has the effect that references in Parts 2.2, 2.5 and 3.1 to a Territory do not apply to Norfolk Island, and that references in those Parts to a State will be relevant to New South Wales as if it included Norfolk Island.

4‑2Binding the Crown

(1)
This Act binds the Crown in each of its capacities.
(2)
This Act does not make the Crown liable to be prosecuted for an offence.

Chapter 2Preliminary matters relating to subsidiesDivision 5Introduction5‑1What this Chapter is about

Before the Commonwealth can pay a *subsidy to an approved provider of *aged care, a number of approvals and similar decisions may need to have been made. These relate to:
• the *aged care service in question—for residential care services and flexible care services, *places must have been allocated in respect of the service (see Part 2.2). In addition, decisions can be made under Part 2.5 allowing places in a residential care service to become *extra service places (enabling higher fees to be charged for those places);
• the recipient of the care—the recipient must (in most cases) be approved in respect of the type of *aged care provided (see Part 2.3). In the case of home care, the recipient must be a *prioritised home care recipient (see Part 2.3A). In the case of residential care or some kinds of flexible care, the recipient can be classified in respect of the level of care that is required (see Parts 2.4 and 2.4A).
Note 1: Not all of these approvals and decisions are needed in respect of each kind of subsidy.
Note 2: For the approval of providers of aged care, see Part 7A of the *Quality and Safety Commission Act.

5‑2Which approvals etc. may be relevant

The following table shows, in respect of each kind of payment under Chapter 3 of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997, which approvals and similar decisions under this Chapter may be relevant.

Which approvals etc. may be relevant
Approvals or decisions	Kind of payment
Residential care subsidy	Home care subsidy	Flexible care subsidy
2	Allocation of places	Yes	No	Yes
3	Approval of care recipients	Yes	Yes	Yes
3A	Prioritisation of home care recipients	No	Yes	No
4	Classification of care recipients	Yes	No	Yes
5	Decisions relating to extra service places	Yes	No	No

Note 1: Classification of care recipients is relevant to *flexible care subsidy only in respect of some kinds of flexible care services.
Note 2: Allocation of funding for grants is dealt with in Chapter 5.
Note 3: For the approval of providers of aged care, see Part 7A of the *Quality and Safety Commission Act.

Part 2.1Approved providersDivision 6Introduction6‑1What 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 deals with the *key personnel of approved providers and sets out when remedial orders may be obtained.

Table of Divisions

6 Introduction
7 What is the significance of approval as a provider of aged care?
9 What obligations arise from being an approved provider?
10A Key personnel of approved providers

Division 7What is the significance of approval as a provider of aged care?7‑1Pre‑conditions to receiving subsidy

Payments of *subsidy cannot be made to a person for providing *aged care unless:
(a)
the person is an approved provider; and
(aa)
the approval of the person is in effect; and
(b)
the approval of the person is in respect of the type of aged care provided, at the time it is provided; and
(c)
the approval of the person is in respect of the *aged care service through which the aged care is provided, at the time it is provided.
Note: For the approval of providers of aged care, see Part 7A of the *Quality and Safety Commission Act.

7‑2Payment of subsidy if approval of provider is restricted to certain aged care services etc.

(1)
If:
(a)
a sanction has been imposed on an approved provider under section 63N of the *Quality and Safety Commission Act; and
(b)
the sanction restricts the approval of the provider to certain *aged care services conducted by the provider;
then, while the sanction is in effect, *subsidy may only be paid to the provider in respect of care provided through those services.
(2)
If:
(a)
a sanction has been imposed on an approved provider under section 63N of the *Quality and Safety Commission Act; and
(b)
the sanction restricts the payment of *subsidies to the provision of care by the provider to certain care recipients;
then, while the sanction is in effect, subsidy may only be paid to the provider in respect of care provided to those care recipients.
Note: Both subsections (1) and (2) may apply at the same time in relation to an approved provider.

Division 9What obligations arise from being an approved provider?9‑1AObligation to notify Secretary about home care services

(1)
An approved provider must notify the Secretary of the following information in relation to each home care service through which the approved provider proposes to provide home care:
(a)
the name and address of the service;
(b)
any other information of a kind specified in the Approved Provider Principles for the purposes of this section.
Note: Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act.
(2)
The notification must be made before the approved provider first provides home care through the home care service.
(3)
The notification must be in the form approved by the Secretary.
(4)
If there is a change in any of the information notified under subsection (1), the approved provider must, within 28 days of the change, notify the Secretary of the change.

9‑1Obligation to notify of a change of circumstances that materially affects the suitability of an approved provider

(1)
An approved provider must notify the *Quality and Safety Commissioner of a change of circumstances that materially affects the approved provider’s suitability to be a provider of *aged care. The notification must occur within 14 days after the change occurs.
Note: Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act.
(2)
The notification must be in the form approved by the *Quality and Safety Commissioner.
(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.
(4)
An approved provider that is a *corporation commits an offence if the approved provider fails to notify the *Quality and Safety Commissioner of such a change within the 14 day period.
Penalty: 30 penalty units.
(5)
Strict liability applies to subsection (4).
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.

9‑2AObligation to notify of the occurrence of certain events relating to key personnel of an approved provider

(1)
An approved provider must notify the *Quality and Safety Commissioner if any of the following events occurs:
(a)
an individual becomes one of the *key personnel of the provider;
(b)
an individual ceases to be one of the key personnel of the provider;
(c)
the provider becomes aware of a change of circumstances that relates to a *suitability matter in relation to an individual who is one of the key personnel of the provider.
Note: Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act.
(2)
The notification must:
(a)
be given within 14 days after the event occurs; and
(b)
be in the form approved by the *Quality and Safety Commissioner; and
(c)
if the notification relates to an event of a kind referred to in paragraph (1)(a)—state:
(i)
whether the approved provider has considered the *suitability matters in relation to the individual; and
(ii)
whether, after considering those matters, the provider is reasonably satisfied that the individual is suitable to be involved in the provision of *aged care; and
(d)
if the notification relates to an event of a kind referred to in paragraph (1)(b)—set out the reasons the individual ceased to be one of the *key personnel of the approved provider; and
(e)
if the notification relates to an event of a kind referred to in paragraph (1)(c)—set out:
(i)
details of the change of circumstances that relates to a suitability matter in relation to the individual; and
(ii)
whether the approved provider has considered the suitability matters in relation to the individual; and
(iii)
whether, after considering those matters, the approved provider is reasonably satisfied that the individual continues to be suitable to be involved in the provision of aged care; and
(iv)
what, if any, action the provider has taken, or proposes to take, in relation to the individual.
(3)
A *corporation commits an offence of strict liability if:
(a)
the corporation is an approved provider; and
(b)
the corporation fails to comply with subsection (1).
Penalty: 30 penalty units.

9‑2Obligation to give information relevant to an approved provider’s status etc. when requested

(1)
The *Quality and Safety Commissioner may, at any time, request an approved provider to give the Commissioner such information, relevant to the approved provider’s suitability to be a provider of *aged care, as is specified in the request. The request must be in writing.
(1A)
The *Quality and Safety Commissioner may, at any time, request an approved provider to give the Commissioner such information, relevant to the suitability of an individual who is one of the *key personnel of the provider to be involved in the provision of *aged care, as is specified in the request. The request must be in writing.

(2)
The approved provider must comply with a request made under subsection (1) or (1A) within 28 days after the request was made, or within such shorter period as is specified in the notice.
Note: Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act.
(3)
An approved provider that is a *corporation commits an offence if it fails to comply with a request made under subsection (1) or (1A) within the period referred to in subsection (2).
Penalty: 30 penalty units.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(3A)
Strict liability applies to subsection (3).
(4)
A request made under subsection (1) or (1A) must contain a statement setting out the effect of subsections (2) and (3).

9‑3Obligation to give information relevant to payments

(1)
The Secretary may, at any time, request an approved provider to give to the Secretary such information relating to payments made under this Act or the Aged Care (Transitional Provisions) Act 1997 as is specified in the request. The request must be in writing.
(2)
The approved provider must comply with the request within 28 days after the request was made, or within such shorter period as is specified in the notice.
Note: Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act.
(3)
The request must contain a statement setting out the effect of subsection (2).

9‑3AObligation to give information relating to refundable deposits, accommodation bonds, entry contributions etc.

(1)
The Secretary or *Quality and Safety Commissioner may, at any time, request a person who is or has been an approved provider to give to the Secretary or Commissioner specified information relating to any of the following:
(a)
*refundable deposits or *accommodation bonds charged by the person;
(b)
the amount of one or more *refundable deposit balances or *accommodation bond balances at a particular time;
(c)
the amount equal to the total of the refundable deposit balances and accommodation bond balances that the person would have had to refund at a specified earlier time if certain assumptions specified in the request were made;
(d)
*entry contributions given or loaned under a *formal agreement binding the person;
(e)
the amount of one or more *entry contribution balances at a particular time;
(f)
the amount equal to the total of the entry contribution balances that the person would have had to refund at a specified earlier time if certain assumptions specified in the request were made;
(g)
*unregulated lump sums paid to the person;
(h)
the amount of one or more *unregulated lump sum balances at a particular time.
The request must be in writing.
(2)
The person must comply with the request within 28 days after the request was made, or within such shorter period as is specified in the request.
Note: Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act.
(3)
A person commits an offence if:
(a)
the Secretary or *Quality and Safety Commissioner requests the person to give information under subsection (1); and
(b)
the person is required under subsection (2) to comply with the request within a period; and
(c)
the person fails to comply with the request within the period; and
(d)
the person is a *corporation.
Penalty: 30 penalty units.
(3A)
Strict liability applies to subsection (3).
(4)
The request must contain a statement setting out the effect of subsections (2) and (3).

9‑3BObligation to give information or documents about ability to refund balances

(1)
This section applies if the Secretary or *Quality and Safety Commissioner believes, on reasonable grounds, that an approved provider:
(a)
has not refunded, or is unable or unlikely to be able to refund, a *refundable deposit balance or an *accommodation bond balance; or
(b)
is experiencing financial difficulties; or
(c)
has used a *refundable deposit or an *accommodation bond for a use that is not *permitted.
(2)
The Secretary or *Quality and Safety Commissioner may request the approved provider to give the Secretary or Commissioner information or documents specified in the request relating to any of the following:
(a)
the approved provider’s suitability to be a provider of *aged care;
(b)
the approved provider’s financial situation;
(c)
the amount of one or more *refundable deposit balances or *accommodation bond balances at a particular time;
(d)
how *refundable deposits or *accommodation bonds have been used by the approved provider;
(da)
the use of a refundable deposit or accommodation bond by the approved provider to make a loan;
(e)
the approved provider’s policies and procedures relating to managing, monitoring and controlling the use of refundable deposits and accommodation bonds;
(f)
the roles and responsibilities of *key personnel in relation to managing, monitoring and controlling the use of refundable deposits and accommodation bonds.
The request must be in writing.
(2A)
Without limiting paragraph (2)(da), the following kinds of information or documents may be specified in a request relating to the use of a *refundable deposit or *accommodation bond by an approved provider to make a loan:
(a)
a copy of the agreement relating to the loan that has been executed, or entered into, by the parties to the agreement;
(b)
the amount of the loan;
(c)
details of any security in respect of the loan;
(d)
details of the term or life of the loan;
(e)
details of the rate of interest payable on the loan;
(f)
evidence that the rate of interest payable on the loan has been set on a commercial basis;
(g)
details of the loan repayments (including the amounts and frequency of those repayments);
(h)
details of any review of the loan that must or may be conducted;
(i)
details of any other conditions or terms of the loan;
(j)
details of the commercial basis of the loan;
(k)
evidence of the use of the money loaned;
(l)
a copy of the financial statements (however described) of the borrower (including any such statements that have been audited);
(m)
any other information or documents relating to the loan.
(3)
The Secretary or *Quality and Safety Commissioner may request the approved provider to give the specified information or documents on a periodic basis.
(4)
The approved provider must comply with the request:
(a)
within 28 days after the request was made, or within such shorter period as is specified in the request; or
(b)
if the information or documents are to be given on a periodic basis—before the time or times worked out in accordance with the request.
Note: Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act.
(5)
An approved provider commits an offence if:
(a)
the Secretary or *Quality and Safety Commissioner requests the approved provider to give information or documents under subsection (2); and
(b)
the approved provider is required under subsection (4) to comply with the request within a period or before a particular time; and
(c)
the approved provider fails to comply with the request within the period or before the time; and
(d)
the approved provider is a *corporation.
Penalty: 30 penalty units.
(5A)
Strict liability applies to subsection (5).
(5B)
Subsection (5) does not apply if the information or documents requested under subsection (2) are not in the possession, custody or control of the approved provider.
Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.
(6)
The request must contain a statement setting out the effect of subsections (4) and (5).
(7)
If the operation of this section would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(8)
If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia, or the Supreme Court of a State or Territory, for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

9‑4Obligations while approval is suspended

If 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, the obligations under this Division apply to the person as if the person were an approved provider during that period.

Division 10AKey personnel of approved providers

10A‑1Key personnel of an approved provider must notify of change of circumstances relating to suitability

(1)
If:
(a)
an individual is one of the *key personnel of an approved provider; and
(b)
the provider is a *corporation; and
(c)
the individual becomes aware of a change of circumstances that relates to a *suitability matter in relation to the individual;
the individual must notify the provider of the change.
(2)
The notification must:
(a)
be given in writing; and
(b)
be given within 14 days after the individual becomes aware of the change of circumstances; and
(c)
set out the details of the change of circumstances that relates to a *suitability matter in relation to the individual.
(3)
An individual commits an offence of strict liability if:
(a)
the individual is one of the *key personnel of an approved provider; and
(b)
the provider is a *corporation; and
(c)
the individual fails to comply with subsection (1).
Penalty: 30 penalty units.

10A‑2Determination relating to suitability of key personnel of an approved provider

Determination relating to suitability of key personnel
(1)
If an approved provider is a *corporation, the *Quality and Safety Commissioner may, at any time, determine that an individual who is one of the *key personnel of the provider is not suitable to be involved in the provision of *aged care.
(2)
In deciding whether to make the determination under subsection (1), the *Quality and Safety Commissioner must consider the *suitability matters in relation to the individual.
(3)
Subsection (2) does not limit the matters the *Quality and Safety Commissioner may consider in deciding whether to make the determination under subsection (1) in relation the individual.
Notice of intention to make determination
(4)
Before the *Quality and Safety Commissioner makes the determination in relation to an individual who is one of the *key personnel of the approved provider, the Commissioner must, by written notice, notify the individual and the provider that the Commissioner is considering making such a determination.
(5)
The notice must:
(a)
set out the reasons why the *Quality and Safety Commissioner is considering making the determination in relation to an individual who is one of the *key personnel of the approved provider; and
(b)
invite the individual and the provider to make submissions, in writing, to the Commissioner in relation to the matter within:
(i)
14 days after receiving the notice; or
(ii)
if a shorter period is specified in the notice—that shorter period; and
(c)
inform the individual and the provider that the Commissioner may, after considering any submissions made by them, decide to make the determination.
(6)
The *Quality and Safety Commissioner must consider any submissions made by the individual and the approved provider in accordance with the notice.
Notice of determination
(7)
If the *Quality and Safety Commissioner decides to make the determination in relation to an individual who is one of the *key personnel of the approved provider, the Commissioner must, within 14 days after making the decision, give the individual and the provider a written notice that:
(a)
sets out the decision; and
(b)
sets out the reasons for the decision; and
(c)
states that the provider must, within a specified period, take specified action to ensure that the individual ceases to be one of the key personnel of the provider; and
(d)
sets out the effect of sections 10A‑2A and 10A‑3.
Note: The approved provider may request the *Quality and Safety Commissioner to reconsider the decision under Part 8B of the *Quality and Safety Commission Act.

10A‑2AOffence relating to failure to take action as required by determination

A *corporation commits an offence if:
(a)
the corporation is an approved provider; and
(b)
the *Quality and Safety Commissioner makes a determination under subsection 10A‑2(1) in relation to an individual who is one of the *key personnel of the corporation; and
(c)
the corporation fails to take the action specified in the notice of the determination within the period specified in that notice.
Note: Section 4K of the Crimes Act 1914, which deals with continuing and multiple offences, applies to this offence.
Penalty: 300 penalty units.

10A‑2BOffence relating to failure to comply with responsibility to consider suitability matters relating to key personnel

A *corporation commits an offence if:
(a)
the corporation is an approved provider; and
(b)
the corporation fails to comply with the responsibility under subparagraph 63‑1A(a)(i).
Penalty: 300 penalty units.

10A‑3Remedial orders

Unacceptable key personnel situation
(1)
For the purposes of this section, an unacceptable key personnel situation exists if:
(a)
the *Quality and Safety Commissioner makes a determination under subsection 10A‑2(1) in relation to an individual who is one of the *key personnel of an approved provider; and
(b)
the provider fails to take the action specified in the notice of the determination within the period specified in that notice.
Grant of orders
(2)
If an unacceptable key personnel situation exists, the Federal Court may, on application by the Secretary, make such orders as the court considers appropriate for the purpose of ensuring that that situation ceases to exist.
(3)
In addition to the Federal Court’s power under subsection (2), the court:
(a)
has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do or refrain from doing a specified act; and
(b)
has power to make an order containing such ancillary or consequential provisions as the court thinks just.
Grant of interim orders
(4)
If an application is made to the Federal Court for an order under this section, the court may, before considering the application, grant an interim order directing any person to do or refrain from doing a specified act.
Notice of applications
(5)
The Federal Court may, before making an order under this section, direct that notice of the application be given to such persons as it thinks fit or be published in such manner as it thinks fit, or both.
Discharge etc. of orders
(6)
The Federal Court may, by order, rescind, vary or discharge an order made by it under this section or suspend the operation of such an order.

Part 2.2Allocation of placesDivision 11Introduction11‑1What this Part is about

An approved provider can only receive *subsidy for providing residential care or flexible care in respect of which a *place has been allocated. The Commonwealth plans the distribution between *regions of the available places in respect of the types of subsidies. It then invites applications and allocates the places to approved providers.

Table of Divisions

11 Introduction
12 How does the Commonwealth plan its allocations of places?
13 How do people apply for allocations of places?
14 How are allocations of places decided?
15 When do allocations of places take effect?
16 How are allocated places transferred from one person to another?
17 How are the conditions for allocations of places varied?
17A Revocation of certain conditions for allocations of places
18 When do allocations cease to have effect?

11‑2The Allocation Principles

Allocation of *places is also dealt with in the Allocation Principles. The provisions of this Part indicate when a particular matter is or may be dealt with in these Principles.
Note: The Allocation Principles are made by the Minister under section 96‑1.

11‑3Meaning of people with special needs

For the purposes of this Act, the following people are people with special needs:
(a)
people from Aboriginal and Torres Strait Islander communities;
(b)
people from culturally and linguistically diverse backgrounds;
(c)
people who live in rural or remote areas;
(d)
people who are financially or socially disadvantaged;
(e)
veterans;
(f)
people who are homeless or at risk of becoming homeless;
(g)
care‑leavers;
(ga)
parents separated from their children by forced adoption or removal;
(h)
lesbian, gay, bisexual, transgender and intersex people;
(i)
people of a kind (if any) specified in the Allocation Principles.

11‑4Explanation of the allocation process

This diagram sets out the steps that the Commonwealth takes in allocating *places to an approved provider under this Part in respect of *residential care subsidy or *flexible care subsidy.

Division 12How does the Commonwealth plan its allocations of places?12‑1The planning process

(1)
The Secretary must, for each financial year, carry out the planning process under this Division for *residential care subsidy and *flexible care subsidy.
(2)
In carrying out the planning process, the Secretary:
(a)
must have regard to the objectives set out in section 12‑2; and
(b)
must comply with the Minister’s determination under section 12‑3; and
(c)
may comply with sections 12‑4 to 12‑6.

12‑2Objectives of the planning process

The objectives of the planning process are:
(a)
to provide an open and clear planning process; and
(b)
to identify community needs, particularly in respect of *people with special needs; and
(c)
to allocate *places in a way that best meets the identified needs of the community.

12‑3Minister to determine the number of places available for allocation

(1)
The Minister must, in respect of *residential care subsidy and *flexible care subsidy, determine for the financial year how many *places are available for allocation in each State or Territory.
(2)
The determination must be published on the Department’s website.

12‑4Distributing available places among regions

(1)
The Secretary may, in respect of *residential care subsidy and *flexible care subsidy, distribute for the financial year the *places *available for allocation in a State or Territory among the *regions within the State or Territory.
Note: *Regions are determined under section 12‑6.
(2)
In distributing the places, the Secretary must comply with any requirements specified in the Allocation Principles.
(3)
If, in respect of *residential care subsidy or *flexible care subsidy:
(a)
the Secretary does not, under subsection (1), distribute for the financial year the *places *available for allocation in the State or Territory; or
(b)
the whole of the State or Territory comprises one *region;
the Secretary is taken to have distributed for that year the places to the whole of the State or Territory as one region.

12‑5Determining proportion of care to be provided to certain groups of people

(1)
The Secretary may, in respect of *residential care subsidy and *flexible care subsidy, determine for the *places *available for allocation the proportion of care that must be provided to people of kinds specified in the Allocation Principles.
(2)
In determining the proportion, the Secretary must consider any criteria specified in the Allocation Principles.

12‑6Regions

(1)
The Secretary may, in respect of *residential care subsidy and *flexible care subsidy, determine for each State and Territory the regions within the State and Territory.
(1A)
If the Secretary determines the *regions within Western Australia, he or she must determine that one of those regions consists of the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands.
(1B)
If the Secretary determines the *regions within New South Wales, he or she must determine that one of those regions consists of Norfolk Island.

(2)
If the Secretary does not determine the regions within a State or Territory in respect of *residential care subsidy or *flexible care subsidy, the whole of the State or Territory comprises the region in respect of that type of *subsidy.
(3)
The determination must be published on the Department’s website.

Division 13How do people apply for allocations of places?13‑1Applications for allocations of places

A person may apply in writing for an allocation of *places. However, the application is valid only if:
(a)
it is in response to an invitation to apply for allocation of places published by the Secretary under section 13‑2; and
(b)
it is made on or before the closing date specified in the invitation; and
(c)
it is in a form approved by the Secretary; and
(ca)
it is accompanied by the statements and other information required by that form; and
(d)
it is accompanied by the application fee (see section 13‑3); and
(e)
the applicant complies with any requests for information under section 13‑4.
Note: These requirements can be waived under section 14‑4.

13‑2Invitation to apply

(1)
If:
(a)
*places are *available for allocation for a financial year; and
(b)
those places have been distributed, or taken to have been distributed, to a *region under section 12‑4;
the Secretary may, during or before that financial year, invite applications for allocations of those places.
(2)
The invitation may relate to more than one type of *subsidy, and to *places in respect of more than one *region.
(3)
The invitation must specify the following:
(a)
all of the *regions in respect of which allocations will be considered;
(b)
the types of *subsidy in respect of which allocations will be considered;
(c)
the number of *places *available for allocation in respect of each type of subsidy;
(d)
the closing date after which applications will not be accepted;
(e)
the proportion of care (if any), in respect of the places available for allocation, that must be provided to people of kinds specified in the Allocation Principles.
(4)
The invitation must be:
(a)
published in such newspapers; or
(b)
published or notified by such other means;
as the Secretary thinks appropriate.

13‑3Application fee

(1)
The Allocation Principles may specify:
(a)
the application fee; or
(b)
the way the application fee is to be worked out.
(2)
The amount of any application fee:
(a)
must be reasonably related to the expenses incurred or to be incurred by the Commonwealth in relation to the application; and
(b)
must not be such as to amount to taxation.

13‑4Requests for further information

(1)
If the Secretary needs further information for a purpose connected with making an allocation under Division 14, the Secretary may give an applicant a notice requesting the applicant to give the further information within 28 days after receiving the notice, or within such shorter period as is specified in the notice.
(2)
The application is taken to be withdrawn if the applicant does not give the further information within 28 days, or within the shorter period, as the case requires. However, this does not stop the applicant from reapplying, either:
(a)
in response to the invitation in question (on or before the closing date); or
(b)
in response to a later invitation to apply for allocation of places.
Note: The period for giving the further information can be extended—see section 96‑7.
(3)
The Secretary’s request must contain a statement setting out the effect of subsection (2).

Division 14How are allocations of places decided?14‑1Allocation of places

(1)
The Secretary may allocate *places, in respect of *residential care subsidy or *flexible care subsidy, to a person to provide *aged care services for a *region.
(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.
(2A)
The *places must not be allocated to a person if:
(a)
a sanction has been imposed on the person under section 63N of the *Quality and Safety Commission Act; and
(b)
the sanction prohibits the further allocation of places under this Part to the person; and
(c)
the sanction is in effect.
(3)
The allocation:
(a)
must be the one that the Secretary is satisfied would best meet the needs of the aged care community in the *region (see section 14‑2); and
(b)
may be made subject to conditions (see sections 14‑5 and 14‑6).
(4)
In order for an allocation to be made to a person:
(a)
the person must have made a valid application in respect of the allocation (see Division 13); and
(b)
the allocation must comply with the terms of an invitation published under Division 13 (see section 14‑3);
except so far as the Secretary waives these requirements under section 14‑4.
Note: However, paragraph (3)(a) and subsection (4) will not apply to an allocation of *places in a situation of emergency (see section 14‑9).

14‑2Competitive assessment of applications for allocations

In deciding which allocation of *places would best meet the needs of the aged care community in the *region, the Secretary must consider, in relation to each application, the matters set out in the Allocation Principles.

14‑3Compliance with the invitation

The allocation complies with the terms of the invitation if:
(a)
*places that are specified in the invitation as being *available for allocation in respect of a particular type of *subsidy have been allocated only in respect of that type of subsidy; and
(b)
places that are specified in the invitation as being available for allocation in respect of a particular *region have been allocated only in that region; and
(c)
the total number of places that have been allocated does not exceed the number of places specified in the invitation as being available for allocation; and
(d)
the Secretary has considered all valid applications made in respect of the allocation, together with any further information given under section 13‑4 in relation to those applications; and
(e)
the allocation was made after the closing date.

14‑4Waiver of requirements

(1) The Secretary may waive the requirement under paragraph 14‑1(4)(a) that each person who is allocated *places must have made a valid application in respect of the allocation if:
(a)
each of the persons made an application in respect of the allocation; and
(b)
the Secretary is satisfied that there are exceptional circumstances justifying the waiver.
(2)
The Secretary may waive:
(a)
the requirement under paragraph 14‑1(4)(a) that each person who is allocated *places must have made a valid application in respect of the allocation; and
(b)
the requirement under paragraph 14‑1(4)(b) that the allocation must comply with the terms of an invitation published under Division 13;
if the places being allocated are places that have been *relinquished under section 18‑2 or that were included in an allocation, or a part of an allocation, revoked by a notice given under section 63N of the *Quality and Safety Commission Act.
Note: If, because of this subsection, an allocation does not have to comply with the terms of an invitation published under Division 13, it will not be limited to places that are determined by the Minister under section 12‑3 to be available for allocation.
(3)
The Secretary may waive:
(a)
the requirement under paragraph 14‑1(4)(a) that each person who is allocated *places must have made a valid application in respect of the allocation; and
(b)
the requirement under paragraph 14‑1(4)(b) that the allocation must comply with the terms of an invitation published under Division 13;
if the Secretary is satisfied that there are exceptional circumstances justifying the waiver, and that only places that are *available for allocation are allocated.

14‑5Conditions relating to particular allocations

(1)
The Secretary may make an allocation of *places to a person subject to such conditions as the Secretary specifies in writing.
Note: Approved providers have a responsibility under Part 4.3 to comply with the conditions to which the allocation is subject. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act.
(2)
The Secretary may specify which of the conditions (if any) must be met before a determination can be made under section 15‑1.
Note: An allocation takes effect when a determination is made under section 15‑1. Until an allocation takes effect, it is a *provisional allocation.
(3)
It is a condition of every allocation of a *place that:
(a)
the place is allocated in respect of a specified location; and
(b)
the place is allocated in respect of a particular *aged care service; and
(c)
any care provided, in respect of the place, must be provided at that location and through that service.
Lump sums paid by continuing care recipients
(5)
If:
(a)
a condition imposed on an allocation of *places to a person requires:
(i)
the refund by the person to a *continuing care recipient, with the consent of the continuing care recipient, of a *pre‑allocation lump sum or part of such a sum; or
(ii)
the forgiveness by the person of an obligation (including a contingent obligation) by a continuing care recipient, with the consent of the continuing care recipient, in relation to a pre‑allocation lump sum or part of such a sum; and
(b)
the continuing care recipient continues, on the day on which the allocation was made, to be provided with *aged care through the residential care service in relation to entry to which the pre‑allocation lump sum was paid or became payable;
then the continuing care recipient and the pre‑allocation lump sum holder have the same rights, duties and obligations in relation to the charging of an *accommodation bond or an *accommodation charge as the continuing care recipient and the pre‑allocation lump sum holder would have under this Act and the Aged Care (Transitional Provisions) Act 1997 if:
(c)
the continuing care recipient had *entered the residential care service or flexible care service on the day on which the allocation was made; and
(d)
the pre‑allocation lump sum were an accommodation bond paid in respect of aged care provided through another residential care service or flexible care service.
Lump sums paid by care recipients other than continuing care recipients
(5A)
If:
(a)
a condition imposed on an allocation of *places to a person requires:
(i)
the refund by the person to a care recipient (the non‑continuing care recipient) who is not a *continuing care recipient, with the consent of the non‑continuing care recipient, of a *pre‑allocation lump sum or part of such a sum; or
(ii)
the forgiveness by the person of an obligation (including a contingent obligation) by a non‑continuing care recipient, with the consent of the non‑continuing care recipient, in relation to a pre‑allocation lump sum or part of such a sum; and
(b)
the non‑continuing care recipient continues, on the day on which the allocation was made, to be provided with *aged care through the residential care service in relation to entry to which the pre‑allocation lump sum was paid or became payable;
then the non‑continuing care recipient and the pre‑allocation lump sum holder have the same rights, duties and obligations in relation to the charging of a *refundable deposit as the non‑continuing care recipient and the pre‑allocation lump sum holder would have under this Act if:
(c)
the non‑continuing care recipient had *entered the residential care service or flexible care service on the day on which the allocation was made; and
(d)
the pre‑allocation lump sum were a refundable deposit paid in respect of aged care provided through another residential care service or flexible care service.
(6)
A pre‑allocation lump sum is an amount paid or payable to a person (the pre‑allocation lump sum holder) by a care recipient in the following circumstances:
(a)
the amount does not accrue daily;
(b)
the amount is for the care recipient’s *entry to a residential care service or flexible care service conducted by the pre‑allocation lump sum holder;
(c)
the amount is not a *refundable deposit, an *accommodation bond, an *entry contribution or an *unregulated lump sum.

14‑6Conditions relating to allocations generally

(1)
An allocation of *places to a person is also subject to such conditions as are from time to time determined by the Secretary, in writing, in respect of:
(a)
allocations of places generally; or
(b)
allocations of places of a specified kind that includes the allocation of places in question.
(2)
In making a determination under subsection (1), the Secretary must have regard to any matters specified in the Allocation Principles.
(3)
Conditions determined under this section apply to allocations that occurred before or after the determination is made, unless the determination specifies otherwise.
Note: Approved providers have a responsibility under Part 4.3 to comply with the conditions to which the allocation is subject. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act.

14‑7Allocation of places to services with extra service status

(1)
The Secretary must not approve the allocation of *places to a residential care service that has, or a *distinct part of which has, *extra service status unless subsection (2) or (3) applies to the allocation.
(2)
The Secretary may approve the allocation if satisfied that the *places other than the allocated places could, after the allocation, form one or more *distinct parts of the residential care service concerned.
Note: The allocated places would not have *extra service status because of the operation of section 31‑3.
(3)
The Secretary may approve the allocation if satisfied that:
(a)
granting the allocation would be reasonable, having regard to the criteria set out in section 32‑4; and
(b)
granting the allocation would not result in the maximum proportion of *extra service places under section 32‑7, for the State, Territory or region concerned, being exceeded; and
(c)
any other requirements set out in the Allocation Principles are satisfied.
Note: These *places would have *extra service status because of the operation of section 31‑1. (Section 31‑3 would not apply.)

14‑8Notification of allocation

(1) The Secretary must notify each applicant in writing whether or not any *places have been allocated to the applicant.
(2)If *places have been allocated to an applicant, the notice must set out:
(a)
the number of places that have been allocated; and
(b)
the types of *subsidy in respect of which the places have been allocated; and
(c)
the *region for which the places have been allocated; and
(d)
if the Secretary determines that the allocation takes effect immediately—a statement of the consequences of the allocation taking effect immediately; and
(e)
if the allocation is a *provisional allocation—a statement of the effect of the allocation being a provisional allocation; and
(f)
the conditions to which the allocation is subject; and
(g)
if the allocation is a provisional allocation—which of those conditions (if any) must be met before the allocation can take effect.

14‑9Allocations in situations of emergency

(1)
The Secretary may declare that an allocation of *places to a person is made in a situation of emergency.
(2)
Paragraph 14‑1(3)(a) and subsection 14‑1(4) do not apply to an allocation that is the subject of such a declaration.
Note: The effect of subsection (2) is that the process of inviting applications under Division 13 does not apply, valid applications for the allocation are not required, and there is no competitive assessment of applications.
(3)
The Secretary must not make such a declaration unless the Secretary is satisfied that:
(a)
a situation of emergency exists that could result in, or has resulted in, *aged care ceasing to be provided to a group of care recipients; and
(b)
an allocation of *places under this Division would ensure that the provision of that care did not cease, or would resume; and
(c)
there is insufficient time, in making the allocation, to comply with paragraph 14‑1(3)(a) and subsection 14‑1(4).
(4)
A declaration must specify a period at the end of which the allocation in question is to cease to have effect.
Note: If, because of this section, an allocation does not have to comply with the terms of an invitation published under Division 13, it will not be limited to places that are determined by the Minister under section 12‑3 to be available for allocation.

Division 15When do allocations of places take effect?15‑1When allocations take effect

(1)An allocation of *places to a person takes effect when the Secretary determines that the person is in a position to provide care, in respect of those places, for which *subsidy may be paid.
(2)The Secretary may so determine at the same time that the allocation is made. If the Secretary does not do so, the allocation is taken to be a provisional allocation.
Note: *Subsidy cannot be paid in respect of places covered by an allocation that is only a provisional allocation.
(3)
If the allocation was made subject to conditions under section 14‑5 that must be met before a determination is made, the Secretary must not make the determination unless he or she is satisfied that all of those conditions have been met.
(4)
In deciding whether to make the determination, the Secretary must have regard to any matters specified in the Allocation Principles.

15‑2Provisional allocations

A *provisional allocation remains in force until the end of the *provisional allocation period (see section 15‑7) unless, before then:
(a)
a determination is made under section 15‑1 relating to the provisional allocation; or
(b)
the provisional allocation is revoked under section 15‑4; or
(c)
the provisional allocation is surrendered under section 15‑6.

15‑3Applications for determinations

(1) The person may, at any time before the end of the *provisional allocation period, apply to the Secretary for a determination under section 15‑1.
(2) The application must be in the form approved by the Secretary.
(3) The Secretary must, within 28 days after receiving the application:
(a)
make a determination under section 15‑1; or
(b)
reject the application;
and, within that period, notify the person accordingly.
Note: Rejections of applications are reviewable under Part 6.1.
(4) Rejection of the application does not prevent the person making a fresh application at a later time during the *provisional allocation period.

15‑4Variation or revocation of provisional allocations

(1)
The Secretary may vary or revoke a *provisional allocation if the Secretary is satisfied that a condition to which the provisional allocation is subject under section 14‑5 or 14‑6 has not been met.
Note: Variations or revocations of *provisional allocations are reviewable under Part 6.1.
(2)
A variation of the *provisional allocation must be a variation of a condition to which the allocation is subject under section 14‑5 or 14‑6.
(3)
Before deciding to vary or revoke the *provisional allocation, the Secretary must notify the person that variation or revocation is being considered. The notice:
(a)
must be in writing; and
(b)
must invite the person to make written submissions to the Secretary, within 28 days after receiving the notice, as to why the provisional allocation should not be varied or revoked; and
(c)
must inform the person that, if no submissions are made within that period, the variation or revocation takes effect on the day after the last day for making submissions.
(4)
In deciding whether to vary or revoke the *provisional allocation, the Secretary must consider:
(a)
any submissions made within that period; and
(b)
any matters specified in the Allocation Principles.
(5)
The Secretary must notify, in writing, the person of the decision.
(6)
The notice must be given to the person within 28 days after the end of the period for making submissions. If the notice is not given within this period, the Secretary is taken to have decided not to vary or revoke the *provisional allocation.

(7)
If the Secretary has decided to vary the *provisional allocation, the notice must include details of the variation.
(8)
A variation or revocation has effect:
(a)
if no submissions were made under subsection (3)—on the day after the last day for making submissions; or
(b)
if such a submission was made—on the day after the person receives a notice under subsection (5).

15‑5Variation of provisional allocations on application

(1)
If the allocation is a *provisional allocation, the person may apply to the Secretary for a variation of the provisional allocation.
(2)
A variation of the *provisional allocation may be:
(a)
a reduction in the number of *places to which the provisional allocation relates; or
(b)
a variation of any of the conditions to which the provisional allocation is subject under section 14‑5; or
(c)
a variation that has the effect of moving *provisionally allocated places to a different *region within the same State or Territory.
(3)
The application must:
(a)
be in the form approved by the Secretary; and
(b)
be made before the end of the *provisional allocation period.
(4)
The Secretary must, within 28 days after receiving the application:
(a)
make the variation; or
(b)
reject the application;
and, within that period, notify the person accordingly.
Note: Rejections of applications are reviewable under Part 6.1.
(5)
If the Secretary has decided to vary the *provisional allocation, the notice must include details of the variation.
(6)
Rejection of the application does not prevent the person making a fresh application at a later time during the *provisional allocation period.
(7)
In deciding whether to vary the *provisional allocation as mentioned in paragraph (2)(a) or (b), the Secretary must have regard to any matters specified in the Allocation Principles.
(8)
In deciding whether to vary the *provisional allocation as mentioned in paragraph (2)(c), the Secretary must be satisfied that the variation is justified in the circumstances, having regard to the following:
(a)
whether the variation would meet the objectives of the planning process set out in section 12‑2;
(b)
the financial viability of the *aged care service in respect of which the *places were *provisionally allocated;
(c)
if the places were provisionally allocated to meet the needs of a particular group—whether those needs would be met after the variation;
(d)
if the places were provisionally allocated to provide a particular type of *aged care—whether that type of aged care would be provided after the variation;
(e)
if, after the variation, the places would be provisionally allocated in respect of a different aged care service:
(i)
the financial viability of that aged care service; and
(ii)
the suitability of the premises used, or proposed to be used, to provide care through that aged care service;
(f)
the extent to which the needs of the aged care community in the different *region and the region for which the places were provisionally allocated have changed since the provisional allocation was made;
(g)
the extent to which the needs of the aged care community in the different region and the region for which the places were provisionally allocated would be better met by making the variation than by not making the variation;
(h)
how the development of the aged care service, in respect of which the places were provisionally allocated, has progressed;
(i)
whether the allocation of places would take effect within a shorter period of time and within the existing provisional allocation period, if the variation were to be made;
(j)
any other matters set out in the Allocation Principles.

15‑5AVariation of region that involves moving provisionally allocated places to a service with extra service status

(1)
The Secretary must not vary a *provisional allocation of *places to move places to a different *region as mentioned in paragraph 15‑5(2)(c) if:
(a)
the variation would result in residential care in respect of the places being provided through a residential care service in the different region; and
(b)
that residential care service has, or a *distinct part of that service has, *extra service status;
unless subsection (2) or (3) applies to the variation.
(2)
The Secretary may make the variation if the Secretary is satisfied that the *places other than the *provisionally allocated places to which the variation relates could, after the variation, form one or more *distinct parts of the residential care service concerned.
Note: The places to which the variation relates would not have *extra service status because of the operation of section 31‑3.
(3)
The Secretary may make the variation if the Secretary is satisfied that:
(a)
granting the variation would be reasonable, having regard to the criteria set out in section 32‑4; and
(b)
granting the variation would not result in the maximum proportion of *extra service places under section 32‑7, for the State, Territory or region concerned, being exceeded; and
(c)
any other requirements set out in the Allocation Principles are satisfied.
Note: These *places would have *extra service status because of the operation of section 31‑1. (Section 31‑3 would not apply.)

15‑6Surrendering provisional allocations

If the allocation is a *provisional allocation, the person may, at any time before the end of the *provisional allocation period, surrender the allocation by notice in writing to the Secretary.

15‑7Provisional allocation periods

(1) The provisional allocation period is the period of 4 years after the day on which the allocation is made.
(2)
However, the *provisional allocation period:
(a)
may be extended; and
(b)
if an application under section 15‑3 is pending at the end of the 4 years, or the 4 years as so extended—continues until the Secretary makes a determination under section 15‑1 or rejects the application.
(3) The Secretary must extend the *provisional allocation period if:
(a)
the person applies to the Secretary, in accordance with subsection (4), for an extension; and
(b)
one of the following applies:
(i)
the applicant has not previously sought an extension and the Secretary is satisfied that the extension is justified in the circumstances;
(ii)
the applicant has been granted an extension once previously and the Secretary is satisfied that the further extension is justified in the circumstances;
(iii)
the applicant has been granted an extension more than once previously and the Secretary is satisfied that exceptional circumstances justify the granting of a further extension; and
(d)
the Secretary is satisfied that granting the extension meets any requirements specified in the Allocation Principles.
(3A)
The Allocation Principles may specify matters to which the Secretary must have regard in considering whether exceptional circumstances justify the granting of a further extension.
(4)
The application:
(a)
must be in the form approved by the Secretary; and
(b)
must be made at least 60 days, or such lesser number of days as the Secretary allows, before what would be the end of the *provisional allocation period if it were not extended.
(5)
The Secretary must, within 28 days after receiving an application for an extension:
(a)
grant an extension; or
(b)
reject the application.
Note: Extending provisional allocation periods and rejections of applications for extensions are reviewable under Part 6.1.
(5A)
The Secretary must notify the person of the decision to grant an extension or reject the application by a time that is:
(a)
14 days or more before the end of the *provisional allocation period; and
(b)
within 28 days after receiving the application for the extension.
(6)The period of the extension is 12 months. The Secretary must specify the period of the extension in the notice of the granting of the extension.
(7)
Despite this section, if the Secretary rejects an application for an extension, the *provisional allocation period ends at the later of:
(a)
the end of the day that is 28 days after the person is notified of the decision; or
(b)
the time when there is no further reconsideration or review of the decision pending.

Division 16How are allocated places transferred from one person to another?Subdivision 16‑ATransfer of places other than provisionally allocated places16‑1Application of this Subdivision

This Subdivision applies to an allocated *place, other than a *provisionally allocated place.

16‑2Transfer 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 is an approved provider—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 is not an approved provider—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 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.

16‑3Consideration 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 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)(f), the transferee has relevant key personnel in common with a person who is or has been an approved provider if:
(a)
at the time the person provided *aged care as an approved provider, another person was one of its *key personnel; and
(b)
that other person is one of the key personnel of the transferee.

16‑4Notice to resolve

(1)
If the Secretary receives a transfer notice and any issues relating to the transfer are of concern to the Secretary, then no more than 28 days after receiving the transfer notice the Secretary may issue the transferor and transferee a notice to resolve.
(2)
The notice to resolve must:
(a)
be in writing; and
(b)
specify the issue of concern to the Secretary; and
(c)
specify the person who is to resolve the issue; and
(d)
specify the action the Secretary requires the person to take to resolve the issue; and
(e)
invite the transferee and transferor to make submissions addressing the matters, in writing, to the Secretary within 28 days after receiving the notice or such shorter period as is specified in the notice; and
(f)
state that, if any matters specified in that notice remain of concern to the Secretary after the submissions (if any) have been considered, the Secretary may issue a veto notice under section 16‑6.

16‑5Change to proposed transfer day

(1)
A proposed transfer day (the changing proposed transfer day) becomes a later day if one of the following occurs:
(a)
the Secretary is given a notice under subsection 16‑2(8) no more than 28 days before the changing proposed transfer day;
(b)
the Secretary issues the transferor and transferee a notice to resolve under section 16‑4.
Note: This section may operate multiple times in respect of one transfer.
(2)
Subject to subsection (3), the proposed transfer day becomes the 29th day after the changing proposed transfer day.
(3)
However, if before the end of the 28th day after the changing proposed transfer day:
(a)
the transferor and transferee agree, in writing, to another proposed transfer day that is later than the 29th day after the changing proposed transfer day; and
(b)
the Secretary agrees, in writing, to the other proposed transfer day;
the other proposed transfer day becomes the proposed transfer day.

16‑6Veto notice

(1)
If the Secretary receives a transfer notice relating to a *place, the Secretary may, at least 7 days before the proposed transfer day, give the transferor and transferee a veto notice rejecting the transfer if:
(a)
a notice to resolve has been given in respect of the transfer and issues specified in that notice remain of concern to the Secretary; or
(b)
the Secretary is not satisfied of the matters in section 16‑3 in relation to the transfer; or
(c)
for cases where the transfer would result in residential care in respect of the place being provided through a residential care service in a different location where that residential care service has, or a *distinct part of that service has, *extra service status—neither subsection 16‑7(1) nor (2) applies in relation to the transfer; or
(d)
the proposed transfer would result in the place being transferred to another State or Territory; or
(e)
circumstances specified in the Allocation Principles exist.
Note: Decisions to give a veto notice are reviewable under Part 6.1.
(2)
A veto notice must:
(a)
be in writing; and
(b)
contain a statement that it is a notice under this section; and
(c)
state the reasons for giving the veto notice.

16‑7Transfer of places to service with extra service status

(1)
This subsection applies in relation to a transfer if the Secretary is satisfied that the *places other than the places to be transferred could, after the allocation, form one or more distinct parts of the residential care service.
(2)
This subsection applies in relation to a transfer if the Secretary is satisfied that:
(a)
granting the transfer would be reasonable, having regard to the criteria set out in section 32‑4; and
(b)
granting the transfer would not result in the maximum proportion of *extra service places under section 32‑7, for the State, Territory or region concerned, being exceeded; and
(c)
any other requirements set out in the Allocation Principles are satisfied.

16‑8Transfer day

(1)
Subject to this section, a transfer of a *place to which this Subdivision applies from one person to another takes effect on the transfer day.
(2)
The transfer day is the day that is:
(a)
the proposed transfer day specified in the transfer notice; or
(b)
if another day is, by operation of this Act, the proposed transfer day—that other day.
(3)
The transfer of a *place does not occur if a veto notice has been given rejecting the transfer and the notice is in effect on the transfer day.
(4)
The transfer of a *place does not occur if the transferee is not an approved provider on the transfer day.

16‑9Effect of transfer on certain matters

If a transfer of a *place takes effect under this Subdivision on the transfer day:
(a)
the transferee is taken, from the transfer day, to be the person to whom the place is allocated; and
(b)
any entitlement of the transferor to an amount of *subsidy, in respect of the *place being transferred, that is payable but has not been paid passes to the transferee; and
(c)
any responsibilities under Part 4.2 that the transferor had, immediately before that transfer day, in relation to a *refundable deposit balance or *accommodation bond balance connected with the place become responsibilities of the transferee under Part 4.2; and
(d)
the transferee is subject to any obligations to which the transferor was subject, immediately before that day, under a *resident agreement or *home care agreement entered into with a care recipient provided with care in respect of the place; and
(e)
if, as part of the transfer, the transfer notice sought approval for one or more variations of the conditions to which the allocation is subject under section 14‑5—the Secretary is taken to have made the variations of the conditions, or such other conditions as have been agreed to as the result of matters relating to the issue of a notice to resolve.

16‑10Information to be given to transferee

(1)
The Secretary may give to the transferee information specified in the Allocation Principles at such times as are specified in those Principles.
(2)
The Allocation Principles must not specify information that would, or would be likely to, disclose the identity of any care recipient.

16‑11Transferors to provide transferee with certain records

(1)
If the transfer is completed, the transferor must give to the transferee such records, or copies of such records, as are necessary to ensure that the transferee can provide care in respect of the *places being transferred.
(2)
These records must include the following:
(a)
the assessment and classification records held by the transferor of care recipients receiving care from the *aged care service to which the *places being transferred relate;
(b)
the individual care plans of those care recipients;
(c)
the medical records, progress notes and other clinical records of those care recipients;

am No 22, 2005; No 1, 2008
rep No 76, 2013
s 44‑10.......................................	am No 132, 1999; No 22, 2005; No 133, 2006; No 1, 2008; No 140, 2008
rep No 76, 2013
s 44‑11.......................................	am No 132, 1999; No 1, 2008; No 144, 2008; No 46, 2011
rep No 76, 2013
s 44‑12.......................................	am No 109, 2007; No 1, 2008
rep No 76, 2013
s 44‑13.......................................	am No 1, 2008
rep No 76, 2013
s 44‑14.......................................	am No 1, 2008
rep No 76, 2013
s 44‑15.......................................	am No 1, 2008
rep No 76, 2013
s 44‑16.......................................	am No 1, 2008
rep No 76, 2013
Subdivision 44‑D
s 44‑17.......................................	am No 76, 2013; No 34, 2022
s 44‑18.......................................	rep No 76, 2013
s 44‑19.......................................	am No 1, 2008
rep No 34, 2022
s 44‑20.......................................	am No 1, 2008; No 76, 2013
Subdivision 44‑E heading............	rep No 76, 2013
s 44‑20A....................................	ad No 76, 2013
s 44‑21.......................................	am No 132, 1999; No 1, 2008; No 60, 2009
rs No 76, 2013
am No 34, 2022
s 44‑22.......................................	am No 1, 2008
rs No 76, 2013
s 44‑23.......................................	am No 1, 2008; No 60, 2009
rs No 76, 2013
s 44‑24.......................................	am No 87, 1997; No 50, 2004
rs No 1, 2008
am No 81, 2009; No 76, 2013; No 98, 2014; No 17, 2018
s 44‑25.......................................	am No 58, 1999; No 52, 2004
rep No 1, 2008
s 44‑26.......................................	am No 87, 1997
rs No 1, 2008; No 60, 2009
am No 76, 2013
s 44‑26A....................................	ad No 76, 2013
am No 17, 2018
s 44‑26B....................................	ad No 76, 2013
s 44‑26C....................................	ad No 76, 2013
Subdivision 44‑F
s 44‑27.......................................	am No 60, 2009; No 76, 2013
s 44‑28.......................................	am No 1, 2008; No 60, 2009
rs No 76, 2013
am No 109, 2014; No 34, 2022
s 44‑29.......................................	am No 1, 2008
rep No 76, 2013
s 44‑30.......................................	am No 1, 2008; No 76, 2013
s 44‑31.......................................	am No 1, 2008; No 76, 2013
s 44‑32.......................................	ad No 60, 2009
rs No 76, 2013
Part 3.2.....................................	am No 76, 2013
Division 45
s 45‑1.........................................	am No 76, 2013; No 19, 2016
s 45‑2.........................................	am No 76, 2013
s 45‑3.........................................	am No 76, 2013
Division 46................................	am No 76, 2013
s 46‑1.........................................	am No 76, 2013
rs No 19, 2016
am No 116, 2019
s 46‑2.........................................	am No 76, 2013
s 46‑3.........................................	am No 76, 2013
rep No 19, 2016
s 46‑4.........................................	am No 1, 2008; No 76, 2013
Division 47
Division 47 heading.....................	am No 76, 2013
s 47‑1.........................................	am No 76, 2013; No 124, 2020; No 2, 2021
s 47‑2.........................................	am No 76, 2013
s 47‑3.........................................	am No 76, 2013
rep No 124, 2020
s 47‑4.........................................	am No 76, 2013; No 124, 2020
s 47‑4A......................................	ad No 1, 2008
am No 76, 2013; No 2, 2021
Division 48
Division 48 heading.....................	am No 76, 2013
Subdivision A
Subdivision A heading.................	ad No 2, 2021
s 48‑1.........................................	am No 1, 2008; No 76, 2013
rs No 76, 2013
am No 2, 2021
Subdivision B
Subdivision B heading.................	ad No 2, 2021
s 48‑1A......................................	ad No 2, 2021
s 48‑2.........................................	ad No 76, 2013
s 48‑3.........................................	ad No 76, 2013
am No 126, 2014; No 2, 2021
s 48‑4.........................................	ad No 76, 2013
am No 2, 2021
s 48‑5.........................................	ad No 76, 2013
s 48‑6.........................................	ad No 76, 2013
s 48‑7.........................................	ad No 76, 2013
s 48‑8.........................................	ad No 76, 2013
s 48‑9.........................................	ad No 76, 2013
am No 2, 2021
s 48‑10.......................................	ad No 76, 2013
s 48‑11.......................................	ad No 76, 2013
s 48‑12.......................................	ad No 76, 2013
Subdivision C
Subdivision C heading.................	ad No 2, 2021
s 48‑13.......................................	ad No 2, 2021
Subdivision D
Subdivision D heading.................	ad No 2, 2021
s 48‑14.......................................	ad No 2, 2021
s 48‑15.......................................	ad No 2, 2021
s 48‑16.......................................	ad No 2, 2021
s 48‑17.......................................	ad No 2, 2021
s 48‑18.......................................	ad No 2, 2021
Part 3.3
Division 49
s 49‑2.........................................	am No 76, 2013
s 49‑3.........................................	am No 76, 2013
Division 50
s 50‑1.........................................	am No 76, 2013
s 50‑2.........................................	am No 1, 2008; No 76, 2013
s 50‑4.........................................	am No 1, 2008
Division 51
s 51‑1.........................................	am No 76, 2013
Division 52
s 52‑1.........................................	am No 1, 2008
Chapter 3A
Chapter 3A.................................	ad No 76, 2013
Division 52A
s 52A‑1......................................	ad No 76, 2013
Part 3A.1
Division 52B
s 52B‑1......................................	ad No 76, 2013
s 52B‑2......................................	ad No 76, 2013
Division 52C
s 52C‑2......................................	ad No 76, 2013
s 52C‑3......................................	ad No 76, 2013
am No 128, 2015
s 52C‑4......................................	ad No 76, 2013
s 52C‑5......................................	ad No 76, 2013
am No 41, 2020; No 34, 2022
Division 52D
s 52D‑1......................................	ad No 76, 2013
s 52D‑2......................................	ad No 76, 2013
s 52D‑3......................................	ad No 76, 2013
Part 3A.2...................................	ad No 76, 2013
Division 52E
s 52E‑1......................................	ad No 76, 2013
s 52E‑2......................................	ad No 76, 2013
Division 52F
s 52F‑1.......................................	ad No 76, 2013
s 52F‑2.......................................	ad No 76, 2013
s 52F‑3.......................................	ad No 76, 2013
am No 4, 2016
s 52F‑4.......................................	ad No 76, 2013
s 52F‑5.......................................	ad No 76, 2013
s 52F‑6.......................................	ad No 76, 2013
s 52F‑7.......................................	ad No 76, 2013
Division 52G
s 52G‑1......................................	ad No 76, 2013
Subdivision 52G‑A
s 52G‑2......................................	ad No 76, 2013
am No 109, 2014; No 4, 2016; No 116, 2019; No 34, 2022
s 52G‑3......................................	ad No 76, 2013
s 52G‑4......................................	ad No 76, 2013
am No 34, 2022
s 52G‑5......................................	ad No 76, 2013
Subdivision 52G‑B
s 52G‑6......................................	ad No 76, 2013
am No 109, 2014; No 116, 2019
Division 52H
s 52H‑1......................................	ad No 76, 2013
s 52H‑2......................................	ad No 76, 2013
am No 109, 2014
s 52H‑3......................................	ad No 76, 2013
s 52H‑4......................................	ad No 76, 2013
Division 52J
s 52J‑2.......................................	ad No 76, 2013
s 52J‑3.......................................	ad No 76, 2013
s 52J‑4.......................................	ad No 76, 2013
rep No 109, 2014
s 52J‑5.......................................	ad No 76, 2013
s 52J‑6.......................................	ad No 76, 2013
s 52J‑7.......................................	ad No 76, 2013
Division 52K
s 52K‑1......................................	ad No 76, 2013
s 52K‑2......................................	ad No 76, 2013
Part 3A.3
Division 52L
s 52L‑1......................................	ad No 76, 2013
Division 52M
s 52M‑1.....................................	ad No 76, 2013
Division 52N
s 52N‑1......................................	ad No 76, 2013
am No 34, 2022; No 76, 2023
s 52N‑2......................................	ad No 76, 2013
am No 34, 2022
s 52N‑3......................................	ad No 34, 2022
Division 52P
s 52P‑1.......................................	ad No 76, 2013
s 52P‑2.......................................	ad No 76, 2013
s 52P‑3.......................................	ad No 76, 2013
s 52P‑4.......................................	ad No 76, 2013
Chapter 4
Division 53
s 53‑1.........................................	am No 158, 2000; No 140, 2008; No 76, 2013; No 116, 2019; No 34, 2022
s 53‑2.........................................	am No 116, 2019
Part 4.1
Division 54
s 54‑1.........................................	am No 50, 2004; No 140, 2008; No 86, 2011; No 76, 2013; No 102, 2018; No 9, 2021; No 57, 2021; No 34, 2022; No 47, 2022
s 54‑1A......................................	ad No 47, 2022
s 54‑2.........................................	am No 86, 2011; No 76, 2013
rs No 102, 2018
s 54‑3.........................................	rep No 86, 2011
ad No 9, 2021
am No 57, 2021; No 34, 2022
s 54‑4.........................................	am No 76, 2013
rep No 102, 2018
ad No 9, 2021
am No 34, 2022
s 54‑5.........................................	am No 76, 2013
rep No 102, 2018
ad No 9, 2021
s 54‑6.........................................	ad No 9, 2021
s 54‑7.........................................	ad No 9, 2021
s 54‑8.........................................	ad No 9, 2021
s 54‑9.........................................	ad No 57, 2021
s 54‑10.......................................	ad No 57, 2021
am No 34, 2022
s 54‑11.......................................	ad No 34, 2022
Part 4.2
Division 55
s 55‑1.........................................	am No 140, 2008; No 116, 2019
Division 56
s 56‑1.........................................	am No 132, 1999; No 50, 2004; No 28, 2006; No 76, 2013; No 126, 2014
s 56‑2.........................................	am No 76, 2013; No 126, 2014; No 19, 2016; No 2, 2021; No 47, 2022
s 56‑3.........................................	am No 132, 1999; No 50, 2004; No 28, 2006; No 76, 2013; No 126, 2014
s 56‑4.........................................	am No 51, 2007; No 86, 2011; No 76, 2013; No 131, 2015; No 150, 2018
s 56‑5.........................................	am No 140, 2008; No 76, 2013
Division 57 heading.....................	rs No 28, 2006
rep No 76, 2013
s 57‑1.........................................	am No 28, 2006
rep No 76, 2013
s 57‑2.........................................	am No 132, 1999; No 50, 2004; No 22, 2005; No 28, 2006; No 1, 2008; No 140, 2008; No 86, 2011
rep No 76, 2013
Subdivision 57‑B
Subdivision 57‑B heading............	rs No 100, 2005
Division 57.................................	rs No 28, 2006
rep No 76, 2013
s 57‑3.........................................	rs No 28, 2006
rep No 76, 2013
s 57‑4.........................................	rs No 28, 2006
rep No 76, 2013
s 57‑5.........................................	rep No 28, 2006
s 57‑6.........................................	rep No 28, 2006
s 57‑7.........................................	rep No 28, 2006
s 57‑8.........................................	rep No 28, 2006
s 57‑9.........................................	am No 28, 2006
rep No 76, 2013
s 57‑10.......................................	rep No 76, 2013
s 57‑11.......................................	rep No 76, 2013
s 57‑12.......................................	am No 22, 2005; No 28, 2006; No 1, 2008; No 140, 2008; No 60, 2009
rep No 76, 2013
s 57‑13.......................................	am No 28, 2006
rep No 76, 2013
s 57‑14.......................................	am No 140, 2008
rep No 76, 2013
s 57‑15.......................................	am No 28, 2006
rep No 76, 2013
s 57‑16.......................................	am No 132, 1999; No 22, 2005; No 28, 2006
rep No 76, 2013
Subdivision 57‑EA......................	ad No 86, 2011
rep No 76, 2013
s 57‑17A....................................	ad No 86, 2011
rep No 76, 2013
s 57‑17B....................................	ad No 86, 2011
rep No 76, 2013
s 57‑18.......................................	am No 28, 2006
rep No 76, 2013
s 57‑19.......................................	rep No 76, 2013
s 57‑20.......................................	am No 28, 2006; No 140, 2008
rep No 76, 2013
s 57‑21.......................................	am No 28, 2006; No 140, 2008
rep No 76, 2013
s 57‑21AA..................................	ad No 140, 2008
rep No 76, 2013
s 57‑21A....................................	ad No 28, 2006
am No 140, 2008
rep No 76, 2013
s 57‑21B....................................	ad No 28, 2006
am No 140, 2008
rep No 76, 2013
s 57‑22.......................................	am No 28, 2006
rep No 76, 2013
Subdivision 57‑H........................	ad No 132, 1999
rep No 76, 2013
s 57‑23.......................................	ad No 132, 1999
am No 28, 2006
rep No 76, 2013
Division 57A..............................	ad No 132, 1999
rep No 76, 2013
s 57A‑1......................................	ad No 132, 1999
rep No 76, 2013
s 57A‑2......................................	ad No 132, 1999
am No 50, 2004; No 82, 2004; No 22, 2005; No 1, 2008; No 140, 2008; No 86, 2011
rep No 76, 2013
s 57A‑3......................................	ad No 132, 1999
rep No 76, 2013
s 57A‑4......................................	ad No 132, 1999
rep No 76, 2013
s 57A‑5......................................	ad No 132, 1999
rep No 76, 2013
s 57A‑6......................................	ad No 132, 1999
am No 22, 2005; No 1, 2008; No 140, 2008
rep No 76, 2013
s 57A‑7......................................	ad No 132, 1999
am No 82, 2004
rep No 76, 2013
s 57A‑8......................................	ad No 132, 1999
rep No 76, 2013
s 57A‑8A...................................	ad No 1, 2008
rep No 76, 2013
s 57A‑9......................................	ad No 132, 1999
am No 140, 2008
rep No 76, 2013
s 57A‑10....................................	ad No 132, 1999
rep No 76, 2013
s 57A‑11....................................	ad No 132, 1999
rep No 76, 2013
s 57A‑12....................................	ad No 132, 1999
rep No 76, 2013
Division 58.................................	rep No 76, 2013
s 58‑1.........................................	rep No 76, 2013
s 58‑2.........................................	am No 1, 2008; No 60, 2009
rep No 76, 2013
s 58‑3.........................................	am No 1, 2008
rs No 60, 2009
am No 141, 2011
rep No 76, 2013
s 58‑3A......................................	ad No 60, 2009
rep No 76, 2013
s 58‑3B......................................	ad No 60, 2009
am No 141, 2011
rep No 76, 2013
s 58‑3C......................................	ad No 60, 2009
am No 141, 2011
rep No 76, 2013
s 58‑4.........................................	am No 1, 2008
rs No 60, 2009
am No 141, 2011
rep No 76, 2013
s 58‑4A......................................	ad No 1, 2008
rep No 60, 2009
s 58‑5.........................................	rep No 76, 2013
s 58‑6.........................................	rep No 76, 2013
Division 59
s 59‑1.........................................	am No 132, 1999; No 76, 2013; No 126, 2014
Division 60 heading.....................	am No 76, 2013
rep No 76, 2013
s 60‑1.........................................	am No 76, 2013
rep No 76, 2013
s 60‑2.........................................	am No 76, 2013
rep No 76, 2013
Division 61
Division 61 heading.....................	am No 76, 2013
s 61‑1.........................................	am No 76, 2013
Division 62
s 62‑1.........................................	am No 132, 1999; No 28, 2006; No 109, 2007; No 140, 2008; No 76, 2013
Part 4.3
Part 4.3 heading..........................	rs No 158, 2000
Division 63
Division 63 heading.....................	rs No 158, 2000
s 63‑1.........................................	am No 59, 2005; No 28, 2006; No 140, 2008; No 5, 2011; No 86, 2011; No 76, 2013; No 109, 2014; No 126, 2014; No 131, 2015; No 1, 2016; No 19, 2016; No 150, 2018; No 116, 2019; No 147, 2020; No 34, 2022
s 63‑1AA...................................	ad No 51, 2007
am No 76, 2013; No 126, 2015; No 116, 2019
rep No 9, 2021
s 63‑1A......................................	ad No 158, 2000
am No 63, 2002; No 116, 2019
rs No 34, 2022
s 63‑1B......................................	ad No 1, 2008
s 63‑1BA....................................	ad No 34, 2022
s 63‑1C......................................	ad No 140, 2008
am No 116, 2019
s 63‑1D......................................	ad No 34, 2022
s 63‑1E......................................	ad No 34, 2022
s 63‑1F.......................................	ad No 34, 2022
s 63‑1G......................................	ad No 34, 2022
s 63‑1H......................................	ad No 34, 2022
s 63‑2.........................................	am No 132, 1999; No 28, 2006; No 76, 2013; No 116, 2019
Part 4.4......................................	rep No 116, 2019
s 64‑1.........................................	rep No 116, 2019
s 64‑2.........................................	rep No 116, 2019
s 65‑1.........................................	rep No 116, 2019
s 65‑1A......................................	ad No 76, 2013
am No 150, 2018
rep No 116, 2019
s 65‑2.........................................	am No 140, 2008
rep No 116, 2019
s 66‑1.........................................	am No 132, 1999; No 158, 2000; No 50, 2004; No 28, 2006; No 140, 2008; No 76, 2013; No 109, 2014; No 126, 2014
rep No 116, 2019
s 66‑2.........................................	am No 158, 2000; No 76, 2013; No 55, 2016
rep No 116, 2019
Division 66A heading..................	rs No 55, 2016
rep No 116, 2019
Division 66A..............................	ad No 158, 2000
rep No 116, 2019
s 66A‑1......................................	ad No 158, 2000
am No 76, 2013
rep No 55, 2016
s 66A‑2......................................	ad No 158, 2000
am No 76, 2013
rs No 55, 2016
rep No 116, 2019
s 66A‑3......................................	ad No 158, 2000
am No 76, 2013
rs No 55, 2016
rep No 116, 2019
s 66A‑4......................................	ad No 158, 2000
am No 76, 2013; No 109, 2014
rep No 116, 2019
s 66A‑5......................................	ad No 158, 2000
rep No 76, 2013
s 67‑1.........................................	rep No 116, 2019
s 67‑2.........................................	rep No 116, 2019
s 67‑3.........................................	rep No 116, 2019
s 67‑4.........................................	rep No 116, 2019
s 67‑5.........................................	am No 158, 2000
rep No 116, 2019
Division 67A..............................	ad No 158, 2000
rep No 116, 2019
s 67A‑1......................................	ad No 158, 2000
rep No 116, 2019
s 67A‑2......................................	ad No 158, 2000
rep No 116, 2019
s 67A‑3......................................	ad No 158, 2000
rep No 116, 2019
s 67A‑4......................................	ad No 158, 2000
am No 144, 2008; No 76, 2013
rep No 116, 2019
s 67A‑5......................................	ad No 158, 2000
rep No 116, 2019
s 67A‑6......................................	ad No 158, 2000
rep No 116, 2019
s 68‑1.........................................	am No 109, 2014
rep No 116, 2019
s 68‑2.........................................	am No 158, 2000
rep No 116, 2019
s 68‑3.........................................	rep No 116, 2019
s 68‑4.........................................	rep No 116, 2019
s 68‑5.........................................	am No 1, 2008
rep No 116, 2019
s 68‑6.........................................	rep No 116, 2019
Chapter 5

Division 69
s 69‑1.........................................	rs No 1, 2008
am No 76, 2013
Part 5.1
Division 70
s 70‑2.........................................	am No 76, 2013
Division 71
s 71‑2.........................................	am No 76, 2013
s 71‑3.........................................	am No 1, 2008
Division 72
s 72‑1.........................................	am No 1, 2008; No 76, 2013; No 116, 2019
s 72‑2.........................................	rs No 1, 2008
rep No 76, 2013
s 72‑3.........................................	am No 1, 2008
rep No 76, 2013
Division 73
s 73‑1.........................................	am No 76, 2013
s 73‑2.........................................	am No 1, 2008
rep No 76, 2013
s 73‑5.........................................	am No 76, 2013
Division 74
s 74‑1.........................................	am No 76, 2013
Part 5.2......................................	rep No 76, 2013
s 75‑1.........................................	rep No 76, 2013
s 75‑2.........................................	rep No 76, 2013
s 76‑1.........................................	am No 1, 2008
rep No 76, 2013
s 76‑2.........................................	rep No 76, 2013
s 76‑3.........................................	am No 1, 2008
rep No 76, 2013
s 76‑4.........................................	rep No 76, 2013
s 76‑5.........................................	rep No 76, 2013
s 77‑1.........................................	rep No 76, 2013
s 77‑2.........................................	rep No 76, 2013
s 77‑3.........................................	rep No 76, 2013
s 77‑4.........................................	rep No 76, 2013
s 77‑5.........................................	rep No 76, 2013
s 77‑6.........................................	rep No 76, 2013
s 77‑7.........................................	rep No 76, 2013
s 78‑1.........................................	rep No 76, 2013
Part 5.2A....................................	ad No 1, 2008
rep No 76, 2013
s 78A‑1......................................	ad No 1, 2008
rep No 76, 2013
s 78A‑2......................................	ad No 1, 2008
rep No 76, 2013
s 78B‑1......................................	ad No 1, 2008
rep No 76, 2013
s 78B‑2......................................	ad No 1, 2008
rep No 76, 2013
s 78B‑3......................................	ad No 1, 2008
rep No 76, 2013
s 78B‑4......................................	ad No 1, 2008
rep No 76, 2013
s 78B‑5......................................	ad No 1, 2008
rep No 76, 2013
s 78C‑1......................................	ad No 1, 2008
rep No 76, 2013
s 78C‑2......................................	ad No 1, 2008
rep No 76, 2013
s 78C‑3......................................	ad No 1, 2008
rep No 76, 2013
s 78C‑4......................................	ad No 1, 2008
rep No 76, 2013
s 78C‑5......................................	ad No 1, 2008
rep No 76, 2013
s 78C‑6......................................	ad No 1, 2008
rep No 76, 2013
s 78C‑7......................................	ad No 1, 2008
rep No 76, 2013
s 78D‑1......................................	ad No 1, 2008
rep No 76, 2013
Part 5.3......................................	rep No 76, 2013
s 79‑1.........................................	rep No 76, 2013
s 79‑2.........................................	rep No 76, 2013
s 79‑3.........................................	rep No 76, 2013
Part 5.4......................................	rep No 76, 2013
s 80‑1.........................................	am No 122, 1998; No 76, 2013
rep No 76, 2013
s 80‑2.........................................	rep No 76, 2013
s 80‑3.........................................	rep No 76, 2013
Part 5.5
Division 81
s 81‑3.........................................	am No 76, 2013
s 81‑4.........................................	am No 76, 2013
Part 5.6
Division 82
s 82‑1.........................................	am No 76, 2013
s 82‑2.........................................	am No 76, 2013
s 82‑3.........................................	am No 76, 2013
s 82‑4.........................................	am No 76, 2013
Part 5.7
Division 83
s 83‑1.........................................	am No 76, 2013
s 83‑2.........................................	am No 76, 2013
Chapter 6
Division 84
s 84‑1.........................................	rs No 51, 2007
am No 86, 2011; No 76, 2013; No 131, 2015; No 150, 2018; No 116, 2019; No 57, 2021; No 34, 2022
Part 6.1
Division 85
s 85‑1.........................................	am No 132, 1999; No 50, 2004; No 22, 2005; No 59, 2005; No 28, 2006; No 109, 2007; No 1, 2008; No 140, 2008; No 5, 2011; No 76, 2013; No 109, 2014; No 1, 2016; No 19, 2016; No 17, 2018; No 116, 2019; No 147, 2020
s 85‑2.........................................	am No 76, 2013; No 1, 2016; No 34, 2022
s 85‑3.........................................	am No 76, 2013; No 34, 2022
s 85‑4.........................................	am No 1, 2008; No 76, 2013; No 98, 2014; No 34, 2022; No 38, 2024; No 14, 2025
s 85‑5.........................................	am No 1, 2008; No 76, 2013; No 98, 2014; No 55, 2016; No 17, 2018; No 147, 2020; No 34, 2022; No 38, 2024
s 85‑6.........................................	am No 1, 2008; No 76, 2013
rep No 98, 2014
ad No 55, 2016
am No 147, 2020; No 34, 2022
s 85‑7.........................................	am No 1, 2008; No 76, 2013
rep No 98, 2014
s 85‑8.........................................	am No 38, 2024
Part 6.2
Division 86
s 86‑1.........................................	am No 76, 2013; No 116, 2019
s 86‑2.........................................	am No 76, 2013; No 4, 2016
s 86‑3.........................................	am No 52, 2004; No 111, 2005; No 136, 2006; No 156, 2006; No 1, 2008; No 32, 2011; No 131, 2015; No 59, 2017; No 150, 2018; No 42, 2019; No 34, 2022; No 56, 2023; No 103, 2023; No 17, 2025
s 86‑4.........................................	am No 98, 2014; No 147, 2020
s 86‑4A......................................	ad No 34, 2022
s 86‑5.........................................	am No 131, 2015; No 4, 2016; No 34, 2022
s 86‑6.........................................	am No 52, 2004; No 136, 2006; No 4, 2016; No 59, 2017; No 42, 2019
s 86‑7.........................................	am No 50, 2004; No 1, 2008; No 32, 2011; No 98, 2014; No 4, 2016; No 17, 2025
s 86‑9.........................................	am No 132, 1999; No 51, 2007; No 76, 2013; No 19, 2016; No 102, 2018; No 150, 2018; No 57, 2021
s 86‑10.......................................	ad No 47, 2022
s 86‑11.......................................	ad No 34, 2022
Part 6.3
Division 87
s 87‑1.........................................	am No 4, 2016
Division 88
s 88‑1.........................................	am No 76, 2013; No 4, 2016; No 116, 2019
s 88‑2.........................................	am No 132, 1999; No 109, 2007; No 76, 2013; No 116, 2019
s 88‑3.........................................	am No 76, 2013; No 4, 2016; No 116, 2019
Division 89
s 89‑1.........................................	am No 1, 2016; No 4, 2016
Part 6.4
Part 6.4......................................	rs No 116, 2019
Division 90
s 90‑1.........................................	am No 4, 2016
rs No 116, 2019
am No 9, 2021
s 90‑2.........................................	rep No 116, 2019
s 90‑3.........................................	am No 50, 2004
rep No 116, 2019
s 90‑4.........................................	am No 76, 2013
rep No 116, 2019
Division 91
s 91‑1.........................................	am No 46, 2011; No 76, 2013
rs No 116, 2019
s 91‑2.........................................	am No 197, 2012
rs No 116, 2019
s 91‑3.........................................	rs No 116, 2019
s 91‑4.........................................	ad No 116, 2019
Division 92
s 92‑1.........................................	am No 76,2013
rs No 116, 2019
am No 13, 2021
s 92‑2.........................................	am No 76, 2013
rs No 116, 2019
s 92‑3.........................................	rs No 116, 2019
am No 9, 2021; No 13, 2021
s 92‑4.........................................	rs No 116, 2019
s 92‑5.........................................	rep No 116, 2019
s 92‑6.........................................	rep No 116, 2019
s 92‑7.........................................	am No 197, 2012; No 4, 2016
rep No 116, 2019
s 92‑8.........................................	am No 4, 2016
rep No 116, 2019
Division 93
s 93‑1.........................................	am No 140, 2008; No 197, 2012; No 76, 2013; No 4, 2016
rs No 116, 2019
s 93‑2.........................................	rs No 116, 2019
s 93‑3.........................................	rep No 137, 2000
s 93‑4.........................................	am No 140, 2008; No 76, 2013; No 4, 2016
rep No 116, 2019
Division 94
s 94‑1.........................................	rs No 116, 2019
s 94‑2.........................................	rs No 116, 2019
Part 6.4A heading........................	rs No 86, 2011; No 131, 2015
rep No 150, 2018
Part 6.4A....................................	ad No 51, 2007
rep No 150, 2018
Division 94AA............................	ad No 131, 2015
rep No 150, 2018
s 94AA‑1...................................	ad No 131, 2015
rep No 150, 2018
Division 94A heading..................	rs No 86, 2011
rep No 150, 2018
Division 94A..............................	rep No 150, 2018
s 94A‑1......................................	ad No 51, 2007
am No 86, 2011; No 126, 2014; No 131, 2015
rep No 150, 2018
Division 94B..............................	ad No 131, 2015
rep No 150, 2018
s 94B‑1......................................	ad No 131, 2015
rep No 150, 2018
s 94B‑2......................................	ad No 131, 2015
rep No 150, 2018
s 94B‑3......................................	ad No 131, 2015
rep No 150, 2018
s 94B‑4......................................	ad No 131, 2015
rep No 150, 2018
s 94B‑5......................................	ad No 131, 2015
rep No 150, 2018
Part 6.5
Division 95
s 95‑1.........................................	am No 76, 2013; No 19, 2016
s 95‑3.........................................	am No 76, 2013
s 95‑4.........................................	am No 76, 2013
Part 6.6 heading..........................	rs No 131, 2015
rep No 150, 2018
Part 6.6......................................	ad No 51, 2007
rep No 150, 2018
Division 95A heading..................	rs No 131, 2015
rep No 150, 2018
Division 95A..............................	rep No 150, 2018
s 95A‑1......................................	ad No 51, 2007
am No 86, 2011; No 136, 2012; No 76, 2013; No 131, 2015
rep No 150, 2018
s 95A‑2......................................	ad No 51, 2007
am No 131, 2015
rep No 150, 2018
s 95A‑3......................................	ad No 51, 2007
am No 46, 2011; No 131, 2015
rep No 150, 2018
s 95A‑4......................................	ad No 51, 2007
am No 86, 2011; No 76, 2013; No 131, 2015
rep No 150, 2018
s 95A‑5......................................	ad No 51, 2007
am No 131, 2015
rep No 150, 2018
s 95A‑6......................................	ad No 51, 2007
am No 131, 2015
rep No 150, 2018
s 95A‑7......................................	ad No 51, 2007
am No 131, 2015
rep No 150, 2018
s 95A‑8......................................	ad No 51, 2007
am No 131, 2015
rep No 150, 2018
s 95A‑9......................................	ad No 51, 2007
am No 76, 2013; No 131, 2015
rep No 150, 2018
s 95A‑10....................................	ad No 51, 2007
rs No 76, 2013
am No 131, 2015
rep No 150, 2018
s 95A‑11....................................	ad No 51, 2007
am No 76, 2013; No 131, 2015
rep No 150, 2018
s 95A‑11A..................................	ad No 76, 2013
am No 131, 2015
rep No 150, 2018
s 95A‑12....................................	ad No 51, 2007
am No 86, 2011; No 136, 2012; No 76, 2013; No 131, 2015
rep No 150, 2018
Part 6.7......................................	ad No 76, 2013
rep No 34, 2022
s 95B‑1......................................	ad No 76, 2013
rep No 34, 2022
s 95B‑2......................................	ad No 76, 2013
rep No 34, 2022
s 95B‑3......................................	ad No 76, 2013
rep No 34, 2022
s 95B‑4......................................	ad No 76, 2013
rep No 34, 2022
s 95B‑5......................................	ad No 76, 2013
rep No 34, 2022
s 95B‑6......................................	ad No 76, 2013
rep No 34, 2022
s 95B‑7......................................	ad No 76, 2013
rep No 34, 2022
s 95B‑8......................................	ad No 76, 2013
rep No 34, 2022
s 95B‑9......................................	ad No 76, 2013
rep No 34, 2022
s 95B‑10....................................	ad No 76, 2013
rep No 34, 2022
s 95B‑11....................................	ad No 76, 2013
rep No 34, 2022
s 95B‑12....................................	ad No 76, 2013
rep No 34, 2022
Part 6.8
Part 6.8......................................	ad No 57, 2021
Division 95BA
s 95BA‑1....................................	ad No 57, 2021
s 95BA‑2....................................	ad No 57, 2021
s 95BA‑3....................................	ad No 57, 2021
s 95BA‑4....................................	ad No 57, 2021
s 95BA‑5....................................	ad No 57, 2021
s 95BA‑6....................................	ad No 57, 2021
s 95BA‑7....................................	ad No 57, 2021
s 95BA‑8....................................	ad No 57, 2021
Chapter 7
Division 95C
Division 95C..............................	ad No 55, 2016
s 95C‑1......................................	ad No 55, 2016
am No 116, 2019; No 9, 2021; No 13, 2021
Division 96
s 96‑1.........................................	am No 51, 2007; No 1, 2008; No 86, 2011; No 76, 2013; No 109, 2014; No 19, 2016; No 55, 2016; No 150, 2018; No 116, 2019; No 147, 2020; No 2, 2021; No 34, 2022
s 96‑2.........................................	am No 50, 2004; No 22, 2005; No 133, 2006; No 51, 2007; No 1, 2008; No 32, 2011; No 76, 2013
rs No 98, 2014
am No 131, 2015; No 19, 2016; No 150, 2018; No 147, 2020; No 57, 2021; No 34, 2022; No 17, 2025
s 96‑2A......................................	ad No 147, 2020
s 96‑3.........................................	am No 51, 2007; No 76, 2013; No 57, 2021
s 96‑5.........................................	am No 132, 1999; No 76, 2013
s 96‑8.........................................	rep No 137, 2000
ad No 51, 2007
am No 116, 2019
rep No 9, 2021
s 96‑9.........................................	ad No 111, 2001
s 96‑10.......................................	am No 132, 1999; No 52, 2004; No 136, 2006; No 76, 2013; No 99, 2013; No 59, 2017; No 42, 2019; No 17, 2025
s 96‑11.......................................	rep No 136, 2012
s 96‑12.......................................	rep No 1, 2008
Schedule 1
Schedule 1..................................	am No 45, 1998; No 132, 1999; No 146, 1999; No 158, 2000; No 52, 2004; No 59, 2005; No 100, 2005; No 28, 2006; No 156, 2006; No 51, 2007; No 109, 2007; No 1, 2008; No 140, 2008; No 60, 2009; No 32, 2011; No 46, 2011; No 86, 2011; No 197, 2012; No 76, 2013; No 13, 2014; No 109, 2014; No 126, 2014; No 59, 2015; No 131, 2015; No 4, 2016; No 19, 2016; No 55, 2016; No 17, 2018; No 150, 2018; No 116, 2019; No 147, 2020; No 2, 2021; No 9, 2021; No 57, 2021; No 34, 2022; No 56, 2023; No 14, 2025; No 17, 2025