Extra Service Amendment Principles 2009 (No. 1) (Cth)

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Extra Service Amendment Principles 2009 (No.1)1

Aged Care Act 1997

I, JUSTINE ELLIOT, Minister for Ageing, make these Principles under subsection 96‑1 (1) of the Aged Care Act 1997.

Dated 25th May   2009

Justine Elliot

Minister for Ageing

1              Name of Principles

These Principles are the Extra Service Amendment Principles 2009 (No.1).

2              Commencement

These Principles commence on 1 June 2009.

3              Amendment of Extra ServicePrinciples 1997

Schedule 1 amends the Extra Service Principles 1997.

Schedule 1        Amendments

(section 3)

[1]           After section 14.19

insert

14.19AA          Assessment of relevant key personnel in common

(1) This section specifies matters to which the Secretary must have regard for the criterion in paragraph 32-4(1) (ca) of the Act.

Note: The paragraph deals with whether a person with whom the applicant has relevant key personnel in common and who is or has been an approved provider has a very good record of conduct, compliance or meetings its obligations arising from the receipt of any payments from the Commonwealth for providing aged care.

(2) The Secretary must have regard to the following matters:

(a)      whether the person who is or has been an approved provider was non-compliant with any responsibilities or obligations arising from the receipt of any payments from the Commonwealth for providing aged care; and

(b)      if any standards or obligations mentioned in paragraph (c) have been breached:

(i) the nature of the standard or obligation;

(ii) the nature and extent of the breach;

(ii) the role of the relevant key personnel in common with the applicant in the breach; and

(iv) the role of the relevant key personnel in common with the applicant in any rectification of the breach.

(3) However, the Secretary may also have regard to any other relevant matter.

Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See

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