Aged Care (Consequential and Transitional Provisions) Act 2024 (109 of 2024)

Schedule 2   Application, saving and transitional provisions

Part 3   Transitional provisions for Chapter 3 of the new Act

Division 3   Specific information gathering requirements

19   Responsible person determinations

Determinations in force

(1) A determination under subsection 10A-2(1) of the old Act in relation to an individual that is in force immediately before the transition time continues in force (and may be dealt with) after the transition time as if it were a determination under subsection 170(1) of the new Act in relation to the individual.

Notices of intention to make determination

(2) Subitem (3) applies in relation to a notice in relation to an individual given in accordance with subsections 10A-2(4) and (5) of the old Act if:

(a) the notice was given before the transition time; and

(b) the period referred to in the notice, in accordance with paragraph 10A-2(5)(b) of the old Act, for the making of submissions in relation to the notice had not expired before the transition time.

(3) The notice is taken, after the transition time, to be a notice in relation to the individual given in accordance with subsections 170(4) and (5) of the new Act.

(4) To avoid doubt, the notice is taken to invite, for the purposes of paragraph 170(5)(b) of the new Act, the making of submissions by the end of the same period as the period referred to in paragraph (2)(b) of this item.