Aged Care and Other Legislation Amendment Act 2025 (45 of 2025)

Schedule 2   Amendment of the Aged Care (Consequential and Transitional Provisions) Act 2024

Part 1   Amendments commencing immediately after transition time

Aged Care (Consequential and Transitional Provisions) Act 2024

25   After item 58 of Schedule 2

Insert:

58A System Governor may make a determination about a reconsidered decision

(1) This section applies to a decision (the reconsidered decision ) made after the transition time, on reconsideration or review of a reviewable decision made before the transition time, being:

(a) a reconsideration of the reviewable decision under any of the following, as continued in operation by item 58 of this Schedule:

(i) Part 6.1 of the old Act;

(ii) Part 6.1 of the old Transitional Provisions Act;

(iii) Part 8B of the Commission Act;

(iv) Part 7 of the Commission Rules; or

(b) a review of the reviewable decision under the Administrative Review Tribunal Act 2024.

(2) The System Governor may make a determination, in writing, that does one or more of the following in relation to the reconsidered decision:

(a) provides for matters relating to the application of the old law, the new Act, or both the old law and the new Act, to an entity or an individual affected by the reconsidered decision, being matters that the System Governor is satisfied are necessary or convenient having regard to the reconsidered decision;

(b) specifies that a state of affairs specified in the determination is taken to exist before, on or after the transition time in respect of an entity or an individual affected by the reconsidered decision, being a state of affairs that the System Governor is satisfied would have existed if the reconsidered decision had been in force at a specified time before the transition time;

(c) provides for or in relation to any other matters that the System Governor is satisfied are necessary or convenient to give effect to the reconsidered decision.

Reconsidered decisions about providers

(3) Without limiting subitem (2), if the reconsidered decision grants, or results in the grant of, an entity's application for approval as an approved provider, a determination made by the System Governor under that subitem may do one or more of the following:

(a) specify that the entity is taken to have become a registered provider at a specified time that is on or after the transition time;

(b) provide for or in relation to any of the matters set out in Part 3 of Schedule 2 to this Act with respect to the registered provider including, but not limited to, the following:

(i) the registration period of the registered provider;

(ii) the provider registration categories in which the registered provider is taken to be, registered;

(iii) the approved residential care homes covered by the registration;

(c) provide for or in relation to any other matters that the System governor is satisfied are necessary or convenient to give effect to the reconsidered decision.

Reconsidered decisions on access to care

(4) Without limiting subitem (2), if the reconsidered decision grants, or results in the granting of, an individual's application for access to care, a determination made by the System Governor under that subitem may do one or more of the following:

(a) specify that the individual requires access to funded aged care services at a specified time that is on or after the transition time;

(b) provide for or in relation to any of the matters set out in Part 2 of this Schedule in relation to the individual including, but not limited to, in relation to the following:

(i) matters of a kind mentioned in item 2 or 3 of this Schedule (which deal with access approvals);

(ii) matters of a kind mentioned in item 4 of this Schedule (which deals with classification levels, priority category and place allocation decisions);

(c) provide for or in relation to any other matters that the System Governor is satisfied are necessary or convenient to give effect to the reconsidered decision.

Determination has effect according to its terms

(5) A determination under subitem (2) has effect according to its terms.

Determination is not a legislative instrument

(6) A determination under subitem (2) is not a legislative instrument.