AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87, 1989


AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - TABLE OF
PROVISIONS

                              TABLE OF PROVISIONS
                                    Section
  1.     Short title etc.
  2.     Commencement
  3.     Interpretation
  4.     New Part heading
  5.     Repeal of Division 1 of Part II and of heading to Division 2 and
         substitution of new section:
  6.       Eligible organisations may apply for capital grants
  6.     Grants to eligible organisations
  7.     Terms and conditions of grant
  8.     Amount of grant
  9.     Insertion of new Part heading, Division headings and sections:
          PART III-CAPITAL GRANTS AND RECURRENT SUBSIDIES FOR APPROVED
HOSTELS
            Division 1-Determination of maximum number of hostel places etc.
         9AA.     Determination of maximum number of hostel places etc.
           Division 2-Approvals in principle for capital and recurrent
funding
                                or recurrent funding alone
         9AB.     Approvals in principle
         9AC.     Transfers
  10.    Repeal of heading to Division 3 of Part II and substitution of new
         heading:
         Division 3-Capital grants for eligible organisations in respect of
                                         hostels
  11.    Capital grants to eligible organisations
  12.    Guidelines for capital grants
  13.    Repeal of Division 4 of Part II
  14.    Repeal of heading to Part III and substitution of new Division
heading:
         Division 4-Recurrent subsidies for eligible organisations in respect
of approved hostels
  15.    Repeal of sections 10A and 10B and substitution of new sections:
         10A.     Minister may approve accommodation services and
                  personal care services
         10B.     Approval of hostels for recurrent funding purposes
  16.    Authority to provide financial assistance by way of recurrent
subsidies
  17.    Payments of financial assistance
  18.    Repeal of section 10E
  19.    General conditions of recurrent subsidies
  20.    Repeal of section 10FA and substitution of new sections:
         10FA.    Eligible organisation to enter into agreement
         10FAA.   Revocation of approval or variation of agreement
  21.    Certain instruments to be subject to disallowance
  22.    Appropriation
  23.    Insertion of new sections:
         10H.     Applications for review by Tribunal
  10J.     Agreements may be entered into with transferees
           of building etc.
         10K.     Certain instruments to be subject to disallowance
  24.    Transitional-hostels in respect of which financial assistance by way
of recurrent subsidy is payable
  25.    Transitional-hostels that have been approved under section 6 of the
         Principal Act
  26.    Application of General Conditions to certain hostels referred to in
         sections 24 and 25
  27.    Repeal of Aged or Disabled Persons Hostels Act 1972

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - LONG TITLE

An Act to amend the Aged or Disabled Persons Homes Act 1954, and for related
                                    purposes

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 1
Short title etc.

                                                      (Assented to 27 June
1989) 1. (1) This Act may be cited as the Aged or Disabled Persons Homes
Amendment Act 1989.
  (2) In this Act, "Principal Act" means the Aged or Disabled Persons Homes
Act 1954*1*.
(Minister's second reading speech made in-
    House of Representatives on 30 November 1988
    Senate on 8 March 1989)
*1* No. 81, 1954, as amended. For previous amendments, see No. 47, 1957; No.
83, 1967; No. 68, 1969; No. 84, 1972; Nos. 128 and 216, 1973; No. 115, 1974;
No. 91, 1976; No. 157, 1980; No. 61, 1981; No. 98, 1982; No. 69, 1983; Nos.
78, 134 and 165, 1984; Nos. 24, 95 and 127, 1985; Nos. 115 and 163, 1986; Nos.
72 and 132, 1987; and Nos. 79, 99 and 155, 1988.

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 2
Commencement


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  2. (1) Sections 1 and 2 commence on the day on which this Act receives the
Royal Assent.
  (2) Paragraph 11 (e) shall commence, or shall be taken to have commenced, on
the day fixed by Proclamation under subsection 2 (3) of the Community Services
and Health Legislation Amendment Act 1987 as the day on which section 14 of
that Act comes into operation.
  (3) Paragraph 17 (g) and subsection 21 (1) shall commence, or shall be taken
to have commenced, on the day of commencement of section 5 of the Community
Services and Health Legislation Amendment Act 1988.
  (4) The remaining provisions of this Act commence on a day or days to be
fixed by Proclamation.

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 3
Interpretation

  3. Section 2 of the Principal Act is amended:
  (a)  by omitting from the definition of "aged person" in subsection (1) "and
includes the wife or husband of an aged person residing or desiring to reside
with the aged person";
  (b)  by omitting from the definition of "hostel care services" in subsection
(1) "10B (2)" and substituting "10A (1)";
  (c)  by omitting from the definition of "personal care services" in
subsection (1) "10B (3)" and substituting "10A (2)";
  (d)  by omitting from the definition of "respite care services" in
subsection (1) "other than an eligible person in respect of whom a payment is
being made under paragraph 10D (1) (a) or (b)";
  (e)  by omitting the definition of "eligible person" from subsection (1) and
substituting the following definition:
     " 'eligible person' means:
        (a)  an aged or disabled person who is assessed as requiring:
            (i)  hostel care services; or
           (ii)  hostel care services and personal care services;
        (b)  a person who was residing with a person referred to in paragraph
(a) prior to the time at which that last-mentioned person commenced to receive
such services otherwise than on a temporary basis and who intends to continue
to reside with that person after that time; and
        (c)  an aged or disabled person:
            (i)  who wishes to avail himself or herself, on a temporary
basis,
of hostel care services; or
           (ii)  who wishes to avail himself or herself, on a temporary
basis,
of hostel care services and personal care services and who is assessed as
requiring such services;";
  (f)  by omitting the definitions of "approved home", "approved hostel", "
'capital cost', in relation to an approved home, other than an approved
hostel" and " 'capital cost', in relation to an approved hostel" from
subsection (1);
  (g)  by inserting in subsection (1) the following definitions:
     " 'approved', in relation to a hostel, means approved, or deemed to be
approved, under section 10B;
      'capital works costs', in relation to a hostel, include, but are not
limited to, the following costs:
        (a)  the cost of acquiring the land on which the hostel premises are,
or are to be, built;
        (b)  the cost of acquiring, erecting, altering or extending the
hostel
premises;
        (c)  the cost of acquiring furniture, fittings or equipment for, or
altering or installing furniture, fittings, or equipment on, the hostel
premises;
       but, if those hostel premises are, or will be, part of larger
premises,
another part of which is not, or will not be, a hostel, do not include any
costs that the Minister considers are attributable to the other part of the
larger premises;
      'capital works costs', in relation to a nursing home, include, but are
not limited to, the following costs:
        (a)  the cost of acquiring the land on which the nursing home
premises
are, or are to be, built;
        (b)  the cost of acquiring, erecting, altering or extending the
nursing
home premises;
        (c)  the cost of acquiring furniture, fittings or equipment for, or
altering or installing furniture, fittings or equipment on, the nursing home
premises;
       but, if those nursing home premises are, or will be, part of larger
premises, another part of which is not, or will not be, nursing home premises,
do not include any costs that the Minister considers are attributable to the
other part of the larger premises;
      'General Conditions' means the General Conditions formulated under

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section 10F;
      'hostel' means premises:
        (a)  that are fitted, furnished and equipped for the purpose of
providing:
            (i)  relevant care services for persons who, by reason of age or
disability, have a need for such services; and
           (ii)  accommodation for persons who reside with the
first-mentioned
persons; and
        (b)  in which such persons are accommodated exclusively for the
purpose
of receiving such services or accommodation, as the case may be;
       but does not include:
        (c)  a hospital;
        (d)  a nursing home within the meaning of the National Health Act
1953
or the Nursing Homes Assistance Act 1974;
        (e)  an institution carried on exclusively or primarily for the
treatment of mentally ill or mentally defective persons, being an institution
conducted by, or in receipt of a grant for maintenance from, a State; or
        (f)  premises the maintenance expenditure of which is provided for
under an arrangement entered into under the Tuberculosis Act 1948;
      'hostel place' means a place in a hostel that is maintained by an
eligible organisation for one eligible person, whether separately or in
company with another eligible person or other eligible persons, for the
purpose of providing hostel care services, hostel care services and personal
care services, or respite care services, to that first-mentioned person;
      'relevant period' means the period of 12 months commencing on 1 July
1989
or on 1 July of any subsequent year;
      'relevant care services' means:
        (a)  hostel care services;
        (b)  hostel care services and personal care services; or
        (c)  respite care services;
      'respite care place' means a hostel place of a kind that is maintained
for one eligible person, whether separately or in company with another
eligible person or other eligible persons, for the purpose of providing
respite care services to that first-mentioned person;";
  (h)  by adding after subsection (1) the following subsections:
     "(1A) A reference in this Act to an approved hostel place or to an
approved respite care place shall be taken to be a reference to a hostel place
or a respite care place, as the case requires, that is included within the
number of hostel places or respite care places that are specified from time to
time in an agreement under section 10FA as places in respect of which
financial assistance by way of recurrent subsidy may, in accordance with
Division 4 and that agreement, be payable.
     "(1B) A reference in this Act to capital works costs associated with the
acquisition or erection, the demolition and reconstruction, or the alteration
or extension, of a hostel shall not be taken to exclude any capital works
costs referred to in any paragraph of the definition of 'capital works costs',
in relation to a hostel, that are reasonably incurred in connection with that
acquisition or erection, that demolition or reconstruction, or that alteration
or extension, as the case requires.".

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 4
New Part heading

  4. The heading to Part II of the Principal Act is repealed and the following
heading is substituted:
                 "PART II-CAPITAL GRANTS FOR NURSING HOMES".

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 5
Repeal of Division 1 of Part II etc.

  5. Division 1 of Part II of the Principal Act and the heading to Division 2
of that Part are repealed and the following section is substituted:
Eligible organisations may apply for capital grants
  "6. Where an eligible organisation makes, or proposes to make, application
to the Minister under section 39A of the National Health Act 1953 for a
certificate of a kind referred to in subsection 39A (2), (2A), (3) or (3A), or
under section 39B of that Act for a certificate of a kind referred to in
subsection 39B (5), in respect of a nursing home, the eligible organisation
may, at the time of making such an application, also make application, in
writing, to the Minister for financial assistance by way of a grant towards
capital works costs in respect of that nursing home, being capital works costs
incurred, or to be incurred, in connection with the nursing home that is the
subject of that first-mentioned application.".

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 6
Grants to eligible organisations

  6. Section 7 of the Principal Act is amended:
  (a)  by omitting subsections (1A) and (1) and substituting the following
subsection:
     "(1) Where the Minister grants a certificate under section 39A or 39B of
the National Health Act 1953 to an eligible organisation that has also made

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application to the Minister under section 6 of this Act, the Minister may, in
his or her discretion, on behalf of the Commonwealth, make a payment of
financial assistance to that organisation by way of a grant towards the
capital works costs in respect of the nursing home that is the subject of the
certificate.";
  (b)  by omitting subsection (3) and substituting the following subsection:
     "(3) A payment under this section shall not be made except to:
     (a)  a body corporate in which;
     (b)  trustees in whom; or
     (c)  any other organisation declared by the Minister under subsection 2
(5) in which;
    the nursing home is, or is to be, vested.".

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 7
Terms and conditions of grant

  7. (1) Section 8 of the Principal Act is amended:
  (a)  by omitting subsection (2) and substituting the following subsections:
     "(2) Where the Minister makes a payment of financial assistance to an
organisation by way of grant under subsection 7 (1), the financial assistance
is not payable to the organisation unless the organisation has entered into an
agreement with the Minister that specifies the conditions on which the
financial assistance is granted and under which the organisation agrees to
comply with those conditions.
     "(2A) Where:
     (a)  an organisation has entered into an agreement specifying the
conditions on which financial assistance under subsection 7 (1) was granted;
and (b)  the Minister, with the consent of the organisation, varies those
conditions;
    the agreement shall be taken to be varied accordingly.";
  (b)  by omitting subsection (4).
  (2) An agreement entered into under subsection 8 (2) of the Principal Act
and in force immediately before the commencement of this section shall
continue in force, on and after the commencement of this section, as if it had
been duly entered into under subsection 8 (2) of that Act as amended by this
Act.

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 8
Amount of grant

  8. Section 9 of the Principal Act is amended:
  (a)  by omitting from subsection (1) "an approved home" and substituting "a
nursing home";
  (b)  by omitting from paragraph (1) (a) "capital cost" (wherever occurring)
and substituting "capital works costs in respect";
  (c)  by omitting from paragraph (1) (b) "the approved home" and "capital
cost" and substituting "the nursing home" and "capital works costs in respect"
respectively;
  (d)  by omitting from subsection (1A) "capital cost of an approved home
shall be deemed to be the sum of the notional amount (if any) to be taken into
account under subsection (1B)" and substituting "capital works costs in
respect of a nursing home shall be deemed to be the sum of such part (if any)
of the notional amount to be taken into account under subsection (1B) as the
Minister, in his or her discretion, determines";
  (e)  by omitting from subsection (1A) "capital cost of the home" and
substituting "capital works costs in respect of the home";
  (f)  by omitting from subsection (1A) all the words from and including
"being moneys";
  (g)  by omitting from subsection (1B) "for the provision of the home" and
substituting "in connection with an application under section 6";
  (h)  by omitting from subsection (2) "an approved home" and "capital cost"
(wherever occurring) and substituting "a nursing home" and "capital works
costs in respect" respectively;
  (j)  by omitting from subsection (4) "eligible" and substituting "aged or
disabled".

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 9

  9. After section 9 of the Principal Act the following Part heading, Division
headings and sections are inserted:
     "PART III-CAPITAL GRANTS AND RECURRENT SUBSIDIES FOR APPROVED HOSTELS
       "Division 1-Determination of maximum number of hostel places etc.
Determination of maximum number of hostel places etc.
  "9AA. (1) The Minister may, by notice in writing published in the Gazette,
specify a number as the maximum number of hostel places for a State or
Territory for a relevant period.
  "(2) The Minister may, by notice in writing published in the Gazette,
specify a number as the maximum number of hostel places for a region within a
State or Territory for a relevant period.
  "(3) The aggregate of the numbers specified at any time in notices in force
under subsection (2) in relation to all the regions in a State or Territory in
relation to a relevant period shall not exceed the number specified at that
time in the notice in force under subsection (1) in relation to that State or
Territory in relation to that period.
  "(4) The Minister shall not, at any time during a relevant period:
  (a)  issue or vary a certificate under subsection 9AB (3), (6), (8) or (10);

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or
  (b)  enter into an agreement under section 10FA specifying a number of
hostel places as places in respect of which financial assistance by way of
recurrent subsidy is payable or vary the number so specified;
if the effect of doing so would be that the number of committed hostel places
in a State, Territory or region at that time would exceed the maximum number
of hostel places specified under this section for that State, Territory or
region for that period.
  "(5) For the purposes of this section, the number of committed hostel places
in a State or Territory, or in a region of a State or Territory, at a
particular time shall, subject to subsections (6), (7), (8), (9) and (10), be
taken to be the number equal to the aggregate of:
  (a)  the number of hostel places specified for recurrent subsidy purposes in
certificates in force at that time under subsections 9AB (3), (6), (8) and
(10); and
  (b)  the number of hostel places specified for recurrent subsidy purposes in
agreements in force at that time under section 10FA;
being certificates granted, or agreements entered into, in relation to
hostels, or proposed hostels, in that State, Territory or region, as the case
may be.
  "(6) Where:
  (a)  a certificate is issued under subsection 9AB (3) or (6) in relation to
a hostel;
  (b)  a number of hostel places is specified in that certificate for
recurrent subsidy purposes; and
  (c)  those hostel places are subsequently specified for recurrent subsidy
purposes in an agreement in force under section 10FA;
the certificate, and any determination made under subsection 9AB (11) in
relation to the certificate, shall, as from the time of entry into the
agreement, be disregarded for the purposes of this section.
  "(7) Where:
  (a)  an agreement has been entered into under section 10FA in relation to a
hostel;
  (b)  a number of hostel places are specified for recurrent subsidy purposes
in that agreement; and
  (c)  while that agreement is in force, a certificate is granted under
subsection 9AB (3) or (6) in respect of the demolition and reconstruction of
the hostel;
the agreement shall be disregarded for the purpose of this section while the
certificate is in force.
  "(8) Where:
  (a)  a certificate is granted in relation to a hostel under subsection 9AB
(8) or (10);
  (b)  a number of hostel places is specified in that certificate for
recurrent subsidy purposes; and
  (c)  the agreement entered into under section 10FA is varied to give effect
to the certificate by substituting another number for the number of hostel
places specified in that agreement for recurrent subsidy purposes; the
certificate, and any determination made under subsection 9AB (11) in relation
to the certificate, shall, as from the date of variation of the agreement
under section 10FA, be disregarded for the purposes of this section.
  "(9) A certificate in force under subsection 9AB (3) or (6) in respect of a
hostel immediately before the Minister approves the hostel under section 10B
shall be taken, for the purposes of this section, to continue in force until:
  (a)  the eligible organisation to whom the certificate was issued enters
into an agreement under section 10FA in respect of the hostel in terms
satisfactory to the Minister; or
  (b)  the period for entry by the organisation into such an agreement in
respect of the hostel, being the period referred to in subsection 10B (10),
expires;
whichever first occurs.
  "(10) Where the Minister, under subsection 9AC (2), gives effect to a
request for the transfer of an approval, in so far as it relates to certain
approved hostel places, from an approved hostel in a State or Territory to
another hostel or proposed hostel in the same State or Territory, then, for
the purpose only of determining the number of committed places in that State
or Territory under subsection (5) of this section, those approved hostel
places shall not, during the period between the taking of action by the
Minister under paragraph 9AC (2) (c) and the taking of action by the Minister
under paragraph 9AC (2) (d), be taken into account as approved hostel places.
  "(11) A reference in this section to hostel places specified for recurrent
subsidy purposes in an instrument shall be read as a reference to places
identified in that instrument, by whatever means, as places in respect of
which financial assistance by way of recurrent subsidy will, subject to this
Act, be payable.
"Division 2-Approvals in principle for capital and recurrent funding or
                            recurrent funding alone
Approvals in principle
  "9AB. (1) Where an eligible organisation that has acquired or erected, or
that proposes to acquire or erect, premises so as to enable it to operate a

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hostel makes application in writing, to the Minister for approval in
principle:
  (a)  for financial assistance by way of a grant towards the capital works
costs associated with the acquisition or erection of the hostel; and
  (b)  for financial assistance by way of recurrent subsidy in respect of the
hostel;
the Minister may, in his or her discretion, grant or refuse to grant that
approval in principle.
  "(2) Where an eligible organisation that operates an approved hostel
proposes to demolish and reconstruct the premises at which the hostel is
operated makes application, in writing, to the Minister for approval in
principle:
  (a)  for financial assistance by way of a grant towards the capital works
costs associated with the demolition and reconstruction of the hostel; and
  (b)  for financial assistance by way of recurrent subsidy in respect of the
hostel as so reconstructed;
the Minister may, in his or her discretion, grant or refuse to grant that
approval in principle.
  "(3) Where the Minister decides to grant an approval in principle in respect
of an application under subsection (1) or (2), the Minister shall do so by
issuing to the eligible organisation concerned a certificate stating:
  (a)  that if, within 12 months after the issue of the certificate, the
organisation:
      (i)  meets such conditions, and provides such information and
documents,
in connection with that acquisition or erection, or demolition and
reconstruction, as the case requires, as are specified by the Minister in the
certificate; and
     (ii)  makes application under section 9A for financial assistance by way
of a grant of the kind referred to in paragraph (a) of that subsection in
respect of the hostel;
    that application will not be refused;
  (b)  that, if financial assistance is approved under that application,
then:
      (i)  in the application of the guidelines referred to in section 9B for
the purpose of computing the amount of that financial assistance, such matters
as are specified  in the certificate shall, without limiting the generality of
any other matters properly relevant in accordance with that section, be taken
into account; and
     (ii)  the financial assistance will, subject to Division 3, be payable
on
such conditions as are determined in accordance with an agreement entered into
under section 9C;
  (c)  that it is a condition of validity of the certificate that the
organisation will, within 12 months after the Minister notifies the
organisation that he or she has decided to pay the financial assistance
referred to in subparagraph (3) (a) (ii), make application under section 10B
for approval of the hostel for financial assistance by way of recurrent
subsidy in respect of a number of hostel places (including, where appropriate,
a number of respite care places) specified in the certificate;
  (d)  that the application under section 10B will not be refused if, at the
time of making that application, the Minister is satisfied that the
organisation complies with such conditions as are specified in the
certificate; and
  (e)  that, if the approval of the hostel for financial assistance by way of
recurrent subsidy is granted:
      (i)  the financial assistance will, subject to Division 4, be payable,
subject to subparagraph (ii), on such conditions as are determined in
accordance with an agreement entered into under section 10FA; and
     (ii)  the conditions of payment of that financial assistance under that
agreement shall, subject to any later variations that may be effected, include
a condition that the organisation will, at all times, make the number of
hostel places (including, where appropriate, the number of respite care
places) referred to in paragraph (c) available for the accommodation of
eligible persons generally or of such classes of eligible persons as are
specified in the certificate in such proportions or numbers as are so
specified in relation to each such class.
  "(4) Where an eligible organisation that has acquired or erected, or that
proposes to acquire or erect, premises so as to enable it to operate a hostel
makes application, in writing, to the Minister for approval in principle for
financial assistance by way of recurrent subsidy in respect of the hostel, the
Minister may, in his or her discretion, grant or refuse to grant that approval
in principle.
  "(5) Where the eligible organisation that operates an approved hostel
proposes to demolish and reconstruct the premises at which the hostel is
operated makes application, in writing, to the Minister for approval in
principle for financial assistance by way of recurrent subsidy in respect of
the hostel as so reconstructed, the Minister may, in his or her discretion,
grant or refuse to grant, the approval in principle.
  "(6) Where the Minister decides to grant an approval in principle in respect

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of an application under subsection (4) or (5), the Minister shall do so by
issuing to the eligible organisation concerned a certificate stating:
  (a)  that if, within 12 months after the issue of the certificate:
      (i)  the organisation makes application under section 10B for approval
of
the hostel for financial assistance by way of recurrent subsidy in respect of
a number of hostel places (including, where appropriate, a number of respite
care places) specified in the certificate; and
     (ii)  at the time of making that application, the Minister is satisfied
that the organisation complies with such conditions as are specified in the
certificate;
    the application for approval will not be refused; and
  (b)  that, if the approval of the hostel for financial assistance by way of
recurrent subsidy is granted:
      (i)  the financial assistance will, subject to Division 4, be payable,
subject to subparagraph (ii), on such conditions as are determined in
accordance with an agreement entered into under section 10FA; and
     (ii)  the conditions of payment of that financial assistance under that
agreement shall, subject to any later variations that may be effected, include
a condition that the organisation will, at all times, make the number of
hostel places (including, where appropriate, the number of respite care
places) referred to in paragraph (a) available for the accommodation of
eligible persons generally or of such classes of eligible persons as are
specified in the certificate in such proportions or numbers as are so
specified in relation to each such class.
  "(7) Where an eligible organisation:
  (a)  that operates an approved hostel in respect of which a number of hostel
places are approved hostel places; and
  (b)  that proposes that further hostel places, whether already existing or
to be created by virtue of the alteration or extension of the hostel, become
approved hostel places;
makes application, in writing, to the Minister for approval in principle:
  (c)  for financial assistance:
      (i)  in the case of hostel places that already exist-by way of
additional
grant towards the capital works costs associated with the acquisition or
erection of the hostel; and
     (ii)  in the case of hostel places to be created by virtue of the
alteration or extension-by way of a grant towards the capital works costs
associated with the alteration or extension of the hostel; and
  (d)  for financial assistance by way of additional recurrent subsidy in
respect of the hostel;
the Minister may, in his or her discretion, grant or refuse to grant that
approval in principle.
  "(8) Where the Minister decides to grant an approval in principle in respect
of the application under subsection (7), the Minister shall do so by issuing
to the eligible organisation concerned a certificate stating:
  (a)  that if, within 12 months after the issue of the certificate, the
organisation:
      (i)  meets such conditions, and provides such information and documents
in connection with the application as are specified by the Minister in the
certificate; and
     (ii)  makes application under section 9A for financial assistance by way
of a grant of a kind referred to in paragraph (7) (c) in respect of the
hostel;
    the application will not be refused;
  (b)  that, if financial assistance is approved under that application,
then:
      (i)  in the application of the guidelines referred to in section 9B for
the purpose of computing the amount of that financial assistance, such matters
as are specified in the certificate shall, without limiting the generality of
any other matters properly relevant in accordance with that section, be taken
into account; and
     (ii)  the financial assistance will, subject to Division 3, be payable
on
such conditions as are determined in accordance with an agreement entered into
under section 9C;
  (c)  that it is a condition of validity of the certificate that the
organisation will, within 12 months after the Minister notifies the
organisation that he or she has decided to pay the financial assistance
referred to in subparagraph (8) (a) (ii), make application to the Minister
under section 10FA to vary the agreement entered into under that section
relating to the provision of financial assistance by way of recurrent subsidy
in respect of that hostel:
      (i)  so as to alter the number of hostel places specified in the
agreement to include a number of additional hostel places specified in the
certificate;
     (ii)  where the Minister considers it appropriate, so as to alter or
insert, in terms specified in the certificate, a term or terms relating to the
provision of respite care places; and

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     (iii)  where the Minister considers it appropriate, so as to alter or
insert, in terms specified in the certificate, a term or terms relating to the
accommodation in approved hostel places (including, where appropriate,
approved respite care places) of such classes of eligible persons as are
specified in the certificate in such proportions or numbers as are so
specified in respect of each such class; and
  (d)  that an application for variation of an agreement made in accordance
with paragraph (c) will not be refused if, at the time of making application,
the Minister is satisfied that the organisation complies with such conditions
as are specified in the certificate.
  "(9) Where an eligible organisation:
  (a)  that operates an approved hostel in respect of which a number of hostel
places are approved hostel places; and
  (b)  that proposes that further hostel places, whether already existing or
to be created by virtue of an alteration or extension of the hostel, become
approved hostel places;
makes application, in writing, to the Minister for approval in principle for
financial assistance by way of additional recurrent subsidy in respect of the
hostel, the Minister may, in his or her discretion, grant or refuse to grant
that approval in principle.
  "(10) Where the Minister decides to grant an approval in principle in
respect of an application under subsection (9), the Minister shall do so by
issuing to the eligible organisation concerned a certificate stating:
  (a)  that, if the organisation, within 12 months after the issue of a
certificate, makes application to the Minister under section 10FA to vary the
agreement entered into under that section relating to the provision of
financial assistance by way of recurrent subsidy in respect of that hostel:
      (i)  so as to alter the number of hostel places specified in the
agreement to include a number of additional hostel places specified in the
certificate;
     (ii)  where the Minister considers it appropriate, so as to alter or
insert, in terms specified in the certificate, a term or terms relating to the
provision of respite care places; and
     (iii)  where the Minister considers it appropriate, so as to alter or
insert, in terms specified in the certificate, a term or terms relating to the
accommodation in approved hostel places (including, where appropriate,
approved respite care places) of such classes of eligible persons as are
specified in the certificate in such proportions or numbers as are so
specified in respect of each such class; and
  (b)  that if, at the time of making the application, the Minister is
satisfied that the organisation complies with such conditions as are specified
in the certificate;
the application will not be refused.
  "(11) The Minister may:
  (a)  upon application in writing by the holder of a certificate in force
under subsection (3), (6), (8) or (10); or
  (b)  where the Minister considers it necessary to do so by reason of
circumstances unforseen at the time of issue of such a certificate-on his or
her own motion;
by determination in writing, vary the certificate:
  (c)  by deleting a date or period specified in the certificate (including a
period substituted by virtue of a previous application of this subsection) and
substituting such other date or period as the Minister specifies in the
determination;
  (d)  by deleting a number of hostel places or respite care places specified
in the certificate (including a number substituted by virtue of a previous
application of this subsection) and substituting such other number as the
Minister specifies in the determination;
  (e)  by inserting a term in the certificate; or
  (f)  by deleting a term of the certificate (including a term inserted or
substituted by virtue of a previous application of this subsection) and
substituting such other term (if any) as the Minister specifies in the
determination.
  "(12) The Minister, in exercising any of his or her powers under subsections
(1) to (11) (inclusive), shall comply with any relevant principles in force
under subsection (13).
  "(13) The Minister may, by instrument in writing, formulate principles to be
complied with by the Minister with respect to the exercise of any of his or
her powers under subsections (1) to (11) (inclusive).
  "(14) In formulating principles under subsection (13), the Minister shall
have regard to all matters that the Minister considers relevant, including,
but without limiting the generality of the foregoing, the following matters:
  (a)  the suitability of an organisation applying for a certificate under
subsection (3) or (6) to operate a hostel;
  (b)  the need to control unnecessary growth in the number of hostels
approved under section 10B;
  (c)  the availability of forms of accommodation, or care, or accommodation
and care, including:
      (i)  domiciliary and day care; and
     (ii)  care provided by nursing homes, hospitals and other institutions

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and
by community services;
other than accommodation, or care, or accommodation and care available, or
likely, by reason of certificates issued under section 9AB, to become
available, in approved hostels.
  "(15) A certificate under this section:
  (a)  comes into force on the day on which it is granted; and
  (b)  ceases to be in force if:
      (i)  the applicant for the certificate fails to comply with a condition
of validity of the certificate; or
     (ii)  the Minister revokes the certificate.
  "(16) Upon application in writing by the holder of a certificate in force
under this section the Minister shall revoke the certificate.
  "(17) The Minister may, at any time, if he or she is satisfied that an
eligible organisation has failed to comply with a condition of a certificate
under this section, revoke the certificate forthwith and, by notice in
writing, inform the eligible organisation concerned of the revocation.
  "(18) Where the Minister makes a decision under subsection (1), (2), (4),
(5), (7) or (9) to refuse to grant an approval in principle or a decision
under subsection (11) to vary a certificate in force under this section, the
Minister shall give the eligible organisation concerned notice in writing of
the decision.
Transfers
  "9AC. (1) Where:
  (a)  an eligible organisation has been granted an approval in principle for
the provision of financial assistance by way of recurrent subsidy in respect
of a specified number of hostel places under subsection 9AB (3), (6), (8) or
(10) in respect of a hostel; and
  (b)  the organisation informs the Minister, in writing, that it wishes that
that approval, so far as it relates to some or all of those hostel places, be
transferred to another hostel, or proposed hostel, in the same State or
Territory as the first-mentioned hostel;
the Minister may, in his or her discretion, upon appropriate application by
the organisation in accordance with the other provisions of this Act, give
effect to that request:
  (c)  by issuing a new approval in principle under section 9AB, or by varying
an approval in principle that has already been granted under that section, in
respect of that other hostel or proposed hostel;
  (d)  by revoking, at the time of that issue or variation, the approval in
principle referred to in paragraph (a), or by varying that approval in
principle to any necessary extent; and
  (e)  by entering, at an appropriate time, into an agreement under section
10FA for the purpose of giving effect to the approval in principle, or the
variation of an approval in principle, referred to in paragraph (c);
notwithstanding that to issue or vary the approval in principle referred to in
paragraph (c) or to enter into an agreement in accordance with paragraph (e)
would have the effect that the number of committed hostel places, within the
meaning of section 9AA, for a particular region and during a relevant period
would thereby exceed the maximum number of hostel places specified under
section 9AA for that region and that period.
  "(2) Where:
  (a)  an eligible organisation operates a hostel in respect of which a number
of hostel places are, under the terms of an agreement entered into between
that organisation and the Commonwealth under section 10FA, approved as places
in respect of which financial assistance by way of recurrent subsidy is
payable; and
  (b)  the organisation informs the Minister, in writing, that it wishes that
that approval, so far as it relates to some or all of those hostel places, be
transferred to another hostel, or proposed hostel, in the same State or
Territory as the first-mentioned hostel;
the Minister may, in his or her discretion, upon appropriate application by
the organisation in accordance with the other provisions of this Act, give
effect to that request:
  (c)  by issuing a new approval in principle under section 9AB, or by varying
an approval in principle that has already been granted under that subsection,
in respect of that other hostel or proposed hostel;
  (d)  by revoking, at an appropriate time, the approval of that
first-mentioned hostel or by varying the agreement in relation to that hostel
to any necessary extent; and
  (e)  by entering, at an appropriate time, into an agreement under section
10FA for the purpose of giving effect to the approval in principle, or the
variation of an approval in principle, referred to in paragraph (c);
notwithstanding that to issue or vary the approval in principle referred to in
paragraph (c) or to enter into an agreement in accordance with paragraph (e)
would have the effect that the number of committed hostel places, within the
meaning of section 9AA, for a particular State, Territory or region and during
a relevant period would thereby exceed the maximum number of hostel places
specified under section 9AA for that State, Territory or region and that
period.".

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 10

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Heading to Division 3

  10. The heading to Division 3 of Part II of the Principal Act is repealed
and the following heading is substituted:
"Division 3-Capital grants for eligible organisations in respect of hostels".

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 11
Capital grants to eligible organisations

  11. Section 9A of the Principal Act is amended:
  (a) by omitting subsection (1) and substituting the following subsection:
     "(1) Subject to subsection (2), the Minister may, upon application in
writing by an eligible organisation, by instrument in writing, approve the
payment to the organisation of financial assistance by way of a grant towards
capital works costs in respect of a hostel operated or proposed to be operated
by that organisation.";
  (b) by omitting from subsection (2) "a grant" and substituting "the payment
of financial assistance";
  (c) by omitting from paragraph (3) (a) "capital cost of the approved hostel"
and substituting "capital works costs in respect of the hostel";
  (d) by omitting from paragraph (3) (d) "Part III" and substituting "Division
4";
  (e) by adding at the end the following subsection:
     "(5) A payment under this section shall not be made except to:
     (a)  a corporation in which;
     (b)  trustees in whom; or
     (c)  any other organisation declared by the Minister under subsection 2
(5) in which;
    the hostel is, or is to be, vested.".

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 12
Guidelines for capital grants

  12. Section 9B of the Principal Act is amended:
  (a)  by adding at the end of subsection (1) "towards the capital works costs
in respect of hostels";
  (b)  by inserting in subsection (2) "towards the capital works costs in
respect of a hostel" after "amount of a grant";
  (c)  by omitting from paragraph (2) (a) "a hostel" and substituting "the
hostel";
  (d)  by omitting from paragraph (2) (b) "the capital cost of a hostel" and
substituting "those capital works costs";
  (e)  by omitting from paragraph (2) (c) "the capital cost of a hostel" and
substituting "those capital works costs";
  (f)  by omitting from paragraph (2) (d) "a hostel" and substituting "the
hostel";
  (g)  by adding at the end the following subsection:
     "(3) The Minister shall not, under section 9A, approve the payment of
financial assistance by way of a grant to an eligible organisation in respect
of a hostel unless the Minister is satisfied that the sum of the money (if
any) expended, and the money presently available for expenditure, by the
organisation towards the capital works costs in respect of the hostel,
together with the amount of the grant, will not be less than the capital works
costs in respect of the hostel.".

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 13
Repeal of Division 4 of Part II

  13. Division 4 of Part II of the Principal Act is repealed.

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 14
Repeal of heading to Part III

  14. The heading to Part III of the Principal Act is repealed and the
following Division heading is substituted:

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 15
"Division 4-Recurrent subsidies for eligible organisations in respect of
                              approved hostels''.

  15. (1) Sections 10A and 10B of the Principal Act are repealed and the
following sections are substituted:
Minister may approve accommodation services and personal care services
  "10A. (1) The Minister may, for the purposes of this Division, by notice
published in the Gazette, approve accommodation services for eligible persons,
being accommodation services of a kind specified in the notice.
  "(2) The Minister may, for the purposes of this Division, by notice
published in the Gazette, approve daily personal care services for eligible
persons, being personal care services of a kind specified in the notice.
Approval of hostels for recurrent funding purposes
  "10B. (1) An eligible organisation that operates, or proposes to operate, a
hostel may apply, in writing, for approval of the hostel for financial
assistance by way of recurrent subsidy in respect of a number of hostel places
specified in the application including a number of respite care places (if
any) that is so specified.
  "(2) Subject to this Division, the Minister may, by notice in writing,
approve a hostel in respect of which an application is made under subsection
(1) for financial assistance by way of recurrent subsidy and, where the
Minister does so, the Minister shall determine, in the notice of approval:
  (a)  the number of hostel places; and
  (b)  the number of respite care places (if any) within the number referred

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to in paragraph (a);
in relation to which, upon the entry by the organisation into an agreement
under section 10FA, financial assistance is payable.
  "(3) Nothing in subsection (2) shall be taken to imply that, in a notice of
approval granted under that subsection, the Minister may not determine:
  (a)  a number of hostel places that is fewer than the number specified in
the application concerned; or
  (b)  a number of respite care places that is fewer or greater than the
number of respite care places (if any) specified in the application.
  "(4) Where an eligible organisation that makes application under subsection
(1) is the holder of a certificate in force under subsection 9AB (3) or (6),
the Minister shall not exercise the powers referred to in subsection (2) in
respect of that application in a manner inconsistent with that certificate.
  "(5) Where application is made under subsection (1) for approval of a hostel
for financial assistance by way of recurrent subsidy and:
  (a)  the applicant is not the holder of a certificate in force under
subsection 9AB (3) or (6) that relates to the hostel; or
  (b)  the applicant is the holder of a certificate in force under subsection
9AB (3) or (6) that relates to the hostel but the Minister is not satisfied
that the hostel complies or will comply with any conditions set out in the
certificate;
the Minister may refuse the application.
  "(6) The Minister, in exercising the powers under subsection (5) to refuse
an application for approval of a hostel, shall comply with any relevant
principles in force under subsection (7).
  "(7) The Minister may, by instrument in writing, formulate principles to be
complied with by the Minister with respect to the exercise of his or her
powers under subsection (5).
  "(8) In formulating principles under subsection (7), the Minister shall have
regard to all matters that the Minister considers relevant, including, but
without limiting the generality of the foregoing:
  (a)  the suitability of an organisation applying for an approval under
subsection (1) to operate an approved hostel;
  (b)  the need to control unnecessary growth in the numbers of approved
hostels; and
  (c)  the availability of forms of accommodation, or care, or accommodation
and care, including:
      (i)  domiciliary and day care; and
     (ii)  care provided by nursing homes, hospitals and other institutions
and
by community services;
other than accommodation, or care, or accommodation and care available, or
likely, by reason of certificates issued under section 9AB, to become
available, in approved hostels.
  "(9) If the Minister does not grant an approval in accordance with an
application under this section, the Minister shall refuse the application and
notify the applicant in writing accordingly.
  "(10) Where the Minister has approved a hostel under subsection (2) for
financial assistance and the organisation operating the hostel refuses or
fails, within a period of 30 days or such longer period as the Minister, in
special circumstances, allows, to enter into an agreement with the Minister
under section 10FA in terms satisfactory to the Minister, the approval of that
hostel shall be taken, with effect from the end of that period, to have been
revoked.".
  (2) Where the Minister had, before the repeal of section 10B of the
Principal Act effected by subsection (1) of this Act, in the exercise of the
powers conferred under subsection (2) of that section, approved accommodation
services for eligible persons by a notice published in the Gazette and that
notice had not been revoked before that date, that notice shall be treated, on
and after that repeal, as if it were a notice duly published under, and for
the purpose of, subsection 10A (1) of the Principal Act as amended by this
Act.
  (3) Where the Minister had, before the repeal of section 10B of the
Principal Act effected by subsection (1) of this Act, in the exercise of the
powers conferred under subsection (3) of that section, approved personal care
services for eligible persons by a notice published in the Gazette and that
notice had not been revoked  before that date, that notice shall be treated,
on and after that repeal, as if it were a notice duly published under, and for
the purpose of, subsection 10A (2) of the Principal Act as amended by this
Act.

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 16
Authority to provide financial assistance by way of recurrent subsidies

  16. Section 10C of the Principal Act is amended:
  (a)  by omitting subsections (1) and (2) and substituting the following
subsection:
     "(1) Where the Minister, under section 10B, approves a hostel for
financial assistance by way of recurrent subsidy, that approval shall be taken
to constitute authority, subject to:
     (a)  this Division;
     (b)  the General Conditions as in force from time to time; and

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     (c)  the terms of an agreement entered into under section 10FA;
    to pay financial assistance to the eligible organisation operating the
hostel, at rates determined in accordance with section 10D, in respect of the
provision, by the organisation, in the hostel places and, where appropriate,
in the respite care places, referred to in the agreement entered into under
section 10FA, of:
     (d)  hostel care services;
     (e)  hostel care services and personal care services; or
     (f)  respite care services.";
  (b)  by omitting from subsection (3) "Part" and substituting "Division".

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 17
Payments of financial assistance

  17. Section 10D of the Principal Act is amended:
  (a)  by omitting from subsection (1) "this Part" and substituting "this
Division in respect of a hostel";
  (b)  by inserting in paragraph (1) (a) "approved hostel place (other than an
approved respite care place) that is occupied by an" after "each";
  (c)  by inserting in paragraph (1) (b) "approved hostel place (other than an
approved respite care place) that is occupied by an" after "each";
  (d)  by omitting from paragraph (1) (c) "respite care bed provided by that
approved organisation" and substituting "approved respite care place";
  (e)  by omitting from paragraph (1) (d) "respite care bed provided by that
approved organisation" and substituting "approved respite care place";
  (f)  by omitting from subsection (3) "approved organisation" and "Part" and
substituting "eligible organisation in respect of a hostel" and "Division"
respectively;
  (g)  by omitting from subsection (4) ", whether or not in relation to the
same approved organisation," and substituting "in relation to the same
hostel".

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 18
Repeal of section 10E

  18. Section 10E of the Principal Act is repealed.

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 19
General conditions of recurrent subsidies

  19. Section 10F of the Principal Act is amended:
  (a)  by omitting from subsection (1) "of grants of financial assistance
under this Part" and substituting "for the provision of financial assistance
by way of recurrent subsidies under this Division";
  (b)  by omitting paragraph (2) (a) and substituting the following
paragraphs:
     "(a)  the exclusive provision of approved hostel places, including,
where
appropriate, approved respite care places, to eligible persons;
     (aa)  any other matter relating to the provision by an eligible
organisation of services for eligible persons;
     (ab)  the obtaining by an eligible organisation of a certificate under
subsection 9AB (8) or (10) before undertaking an alteration or extension of an
approved hostel with a view to seeking additional financial assistance by way
of additional recurrent subsidy in respect of the hostel;";
  (c)  by inserting in paragraph (2) (c) "or number" after "proportion";
  (d)  by omitting from paragraph (2) (g) "approved organisation" and
substituting "eligible organisation".

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 20

  20. Section 10FA of the Principal Act is repealed and the following sections
are substituted:
Eligible organisation to enter into agreement
  "10FA. (1) Where the Minister, under section 10B, approves a hostel for
financial assistance by way of recurrent subsidy, that financial assistance
shall not be payable to the eligible organisation operating the hostel unless
the organisation and the Minister enter into an agreement:
  (a)  enabling the day with effect from which that financial assistance will
be payable, being a day on or after the day of entry into the agreement, to be
determined;
  (b)  specifying the number of hostel places (including, where appropriate,
the number of respite care places) in respect of which that financial
assistance will be payable;
  (c)  providing for the organisation to make available, at all times, the
number of hostel places (including, where appropriate, the number of respite
care places) referred to in paragraph (b) for the accommodation of eligible
persons generally or of such classes of eligible persons as are specified in
the agreement in such proportions or numbers as are specified in relation to
each such class; and
  (d)  specifying the other conditions, not being conditions inconsistent with
the General Conditions to which the payment of financial assistance is
subject.
  "(2) Any agreement entered into under subsection (1) may be varied by
agreement between the parties to the first-mentioned agreement and, upon
application by an eligible organisation in accordance with subsection 9AB (8)
or (10), shall be so varied.
Revocation of approval or variation of agreement

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  "10FAA. (1) The Minister may, at any time, review the provision of financial
assistance by way of recurrent subsidy to an eligible organisation in respect
of a hostel.
  "(2) If the Minister is satisfied that a condition to which the approval of
a hostel for financial assistance by way of recurrent subsidy is subject by
virtue of section 10C, whether a General Condition or a condition of an
agreement entered into under section 10FA, has not been complied with, the
Minister may, by determination in writing:
  (a)  revoke the approval of the hostel; or
  (b)  vary the agreement entered into under section 10FA in respect of the
hostel:
      (i)  by reducing the number of approved hostel places specified in the
agreement;
     (ii)  where the number of approved hostel places specified in the
agreement includes a number of approved respite care places-by reducing the
number of approved respite care places specified in the agreement; or
     (iii)  where classes of eligible persons have been specified in the
agreement as classes to be accommodated in approved places-by varying the
classes so specified or the proportion or number of places specified in
relation to each such class;
    or by doing any 2 or more of those things.
  "(3) Upon receipt of an application in writing by an eligible organisation
operating an approved hostel for revocation of the approval of that hostel
granted under section 10B, the Minister may, by determination in writing,
revoke that approval.
  "(4) Where the Minister:
  (a)  makes a determination under subsection (2) or (3) revoking an approval
in respect of a hostel; or
  (b)  makes a determination under subsection (2) varying an agreement entered
into in respect of a hostel;
that approval shall be taken to be at an end, or that agreement shall be taken
to have been so varied, as the case requires, with effect from the day
specified in the determination, not being a day earlier than the day of the
making of the determination.
  "(5) Where the Minister makes a determination under subsection (2) or (3) in
respect of a hostel, the Minister shall, as soon as practicable after making
that determination, give a copy of that determination to the eligible
organisation operating the hostel.
  "(6) Where the Minister gives an eligible organisation a copy of a decision
constituted by a determination made under subsection (2), the Minister shall
cause that copy to be accompanied by a statement in writing to the effect
that, if the organisation is dissatisfied with the decision, application may,
subject to the Administrative Appeals Tribunal Act 1975, be made to the
Administrative Appeals Tribunal for review of the decision and, except where
subsection 28 (4) of that Act applies, also to the effect that the
organisation may request a statement under section 28 of that Act.
  "(7) A failure to comply with subsection (6) does not effect the validity of
the determination.".

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 21
Certain instruments to be subject to disallowance

  21. (1) Section 10FB of the Principal Act is amended by inserting in
subsection (1) ", (5) or (6)" after "10D (1)".
  (2) Section 10FB of the Principal Act as amended by this Act is repealed.

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 22
Appropriation

  22. Section 10G of the Principal Act is amended by omitting "this Part to an
approved organisation" and substituting "this Division to an eligible
organisation".

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 23

  23. After section 10G of the Principal Act the following sections are
inserted in Part IV:
Applications for review by Tribunal
  "10H. (1) In this section:
  'decision' has the same meaning as in the Administrative Appeals Tribunal
Act 1975;
  'Tribunal' means the Administrative Appeals Tribunal.
  "(2) An application may be made to the Tribunal for review of a decision of
the Minister under subsection 10FAA (2) revoking the approval of a hostel or
varying an agreement entered into under section 10FA in respect of a hostel.
Agreements may be entered into with transferees of building etc.
  "10J. (1) Where:
  (a)  either of the following subparagraphs applies:
      (i)  financial assistance to an eligible organisation by way of a grant
towards the capital works costs in respect of a hostel has been made or
approved under this Act on conditions with respect to the use or disposal of
any land, building or equipment;
     (ii)  an eligible organisation has entered into an agreement under this
subsection under which the organisation is required to comply with conditions
with respect to the use or disposal of any land, building or equipment; and
  (b)  the organisation has transferred, or proposes to transfer, the whole or

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a part of the organisation's interest in the land, building or equipment to
another eligible organisation;
the Minister may enter into an agreement with the last-mentioned organisation
under which that organisation is required to comply, or will, upon the
transfer being effected, be required to comply, with conditions, whether with
respect to the use or disposal of the land, building or equipment or
otherwise.
  "(2) Where an agreement under subsection (1) between the Minister and an
eligible organisation is in force, the Minister may vary the agreement with
the agreement of the organisation.
Certain instruments to be subject to disallowance
  "10K. The following Instruments are disallowable instruments for the
purposes of section 46A of the Acts Interpretation Act 1901:
  (a)  a determination under subsection 9 (3);
  (b)  principles formulated under subsection 9AB (13);
  (c)  guidelines formulated under subsection 9B (1);
  (d)  principles formulated under subsection 10B (7);
  (e)  an instrument under subsection 10D (1), (5) or (6);
  (f)  General Conditions formulated under subsection 10F (1).".

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 24
Transitional-Hostels in respect of which financial assistance by way of
recurrent subsidy is payable

  24. (1) Where an eligible organisation is, under Part III of the Principal
Act, entitled to receive financial assistance in relation to a hostel in
respect of the period immediately preceding the commencing day, then, with
effect from that day:
  (a)  the hostel shall be taken to have been approved as a hostel under
section 10B of the Principal Act as amended by this Act; and
  (b)  any agreement entered into under section 10FA of the Principal Act
shall be taken, subject to subsection (2), to have been entered into under
section 10FA of the Principal Act as amended by this Act.
  (2) The Minister shall, on, or as soon as practicable after, the commencing
day, by determination in writing:
  (a)  specify, in respect of each hostel that is to be taken, by virtue of
subsection (1), to have been approved under section 10B of the Principal Act
as amended by this Act, the number of hostel places (including where
appropriate, the number of respite places) that is to be taken to have been
determined by the Minister under that section to be places in respect of which
financial assistance by way of recurrent subsidy is payable in respect of that
hostel; and (b)  vary the agreement that is to be taken, by virtue of
subsection (1), to have been entered into under section 10FA of the Principal
Act as amended by this Act in a manner specified by the Minister in the
determination:
      (i)  so as to provide for payment of financial assistance by way of
recurrent subsidy in respect of the places; and
     (ii)  where the Minister considers it appropriate to do so-so as to
provide for the accommodation of such classes of eligible persons as are
specified in the determination in such numbers or proportions as are specified
in the determination in respect of each such class;
and, where the Minister does so, the number or numbers of places specified in
that first-mentioned determination shall be taken, with effect from that day,
to have been so determined and the agreement shall be taken, with effect from
that day, to have been so varied, as the case requires.
  (3) Where the Minister makes a determination under subsection (2) in respect
of a hostel, the Minister shall, as soon as possible but not later than 30
days after making that determination, give a copy of that determination to the
eligible organisation operating that hostel.
  (4) The Minister shall, by instrument in writing, formulate principles for
determining:
  (a)  the number of hostel places (including, where appropriate, the number
of respite care places) in a hostel referred to in subsection (1) that he or
she is required to specify for the purpose of subsection (2); and
  (b)  the nature of any variation of an agreement entered into in respect of
such a hostel that he or she is required to make for the purposes of
subsection (2).
  (5) In making a determination under subsection (2), the Minister shall have
regard to principles in force under  subsection (4).
  (6) Principles formulated under subsection (4) are disallowable instruments
for the purposes of section 46A of the Acts Interpretation Act 1901.
  (7) In this section:
  "commencing day" means the day fixed under subsection 2 (4) for the
commencement of this section.

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 25
Transitional-Hostels that have been approved under section 6 of the Principal
Act

  25. (1) Where:
  (a)  before the commencing day, a building proposed to be erected or
purchased by an eligible organisation for use as a hostel had been approved by
the Minister under section 6 of the Principal Act; and
  (b)  immediately before that day, that approval was still in force but the

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Minister had not made a capital grant under Part II of the Principal Act to
the organisation in respect of the building;
then, with effect from that day, that approval shall be taken to be revoked
but the Minister shall, on, or as soon as practicable after, that day, issue,
a certificate in respect of that hostel under subsection 9AB (3) of the
Principal Act as amended by this Act.
  (2) Where, before the commencing day, the Minister had made a capital grant
under Part II of the Principal Act to an eligible organisation in respect of a
building that the organisation proposed to erect or purchase for use as a
hostel building:
  (a)  if the organisation has not yet received the total amount of that
capital grant-the organisation shall continue, on and after that day, to be
entitled to receive that capital grant as if the amendments made by this Act
had not been made; and
  (b)  the Minister shall, on, or as soon as practicable after that day,
issue, a certificate in respect of that hostel under subsection 9AB (6) of the
Principal Act as amended by this Act.
  (3) Where:
  (a)  before the commencing day, an alteration or extension of a building
used by an eligible organisation as a hostel had been approved by the Minister
under section 6 of the Principal Act;
  (b)  immediately before that day, that approval was still in force but the
Minister had not made a capital grant under Part II of the Principal Act to
the organisation in respect of that alteration or extension; and
  (c)  immediately before that day, the organisation was, under Part III of
the Principal Act, entitled to receive financial assistance in relation to the
hostel;
then, with effect from that day, that approval shall be taken to be revoked,
but the Minister shall, on, or as soon as practicable after that day, issue a
certificate in respect of that hostel under subsection 9AB (8) of the
Principal Act as amended by this Act.
  (4) Where:
  (a)  before the commencing day, the Minister had made a capital grant under
Part II of the Principal Act to an eligible organisation in respect of an
alteration or extension of a building used by the organisation as a hostel;
and
  (b)  immediately before that day, the organisation was, under Part III of
the Principal Act, entitled to receive financial assistance in relation to the
hostel; then:
  (c)  if the organisation has not yet received the total amount of that
capital grant-the organisation shall continue, on and after that day, to be
entitled to receive that capital grant as if the amendments made by this Act
had not been made; and
  (d)  the Minister shall, on, or as soon as practicable after that day, issue
a certificate in respect of that hostel under subsection 9AB (10) of the
Principal Act as amended by this Act.
  (5) The Minister shall, by written instrument, formulate principles:
  (a)  for determining the number of hostel places (including, where
appropriate, the number of respite care places) for inclusion in a certificate
issued in compliance with subsection (1) or (3) as places to be taken into
account, in the application of guidelines referred to in section 9B of the
Principal Act as amended by this Act, for the purpose of computing the amount
of financial assistance by way of a grant toward the capital works costs
payable in respect of a hostel to which that subsection applies;
  (b)  for determining the number of hostel places (including, where
appropriate, the number of respite care places) for inclusion in a certificate
issued in compliance with subsection (1), (2), (3) or (4) as places in respect
of which financial assistance by way of recurrent subsidy will be payable in
respect of a hostel to which that subsection applies; and
  (c)  for determining any other matters required to be included in a
certificate issued in compliance with subsection (1), (2), (3) or (4).
  (6) In issuing a certificate under section 9AB in compliance with subsection
(1), (2), (3) or (4), the Minister shall have regard to principles in force
under subsection (5).
  (7) Principles formulated under subsection (5) are disallowable instruments
for the purposes of section 46A of the Acts Interpretation Act 1901.
  (8) A certificate issued in accordance with this section under subsection
9AB (3) or (8) of the Principal Act as amended by this Act in relation to a
hostel, or to an alteration or extension of a hostel, in respect of which the
Minister had given an approval under section 6 of the Principal Act as in
force before the commencement of section 14 of the Community Services and
Health Legislation Amendment Act 1987 shall provide, in substitution for the
matters dealt with in subparagraph (b) (i) of that subsection, a statement to
the effect that, notwithstanding anything in guidelines established under
section 9B, the amount of financial assistance by way of a grant towards
capital works costs in respect of that hostel shall be the amount that the
eligible organisation operating the hostel would have been entitled to receive
under section 9 of the Principal Act as so in force.
  (9) In this section:
  "commencing day" means the day fixed under subsection 2 (4) for the
commencement of this section.

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 26
Application of General Conditions to certain hostels referred to in sections
24
and 25

  26. The General Conditions formulated under section 10F of the Principal Act
as amended by this Act apply in relation to:
  (a)  each hostel to which section 24 of this Act applies; and
  (b)  each hostel to which section 25 of this Act applies, being a hostel in
respect of which any capital grant made under Part II of the Principal Act had
been fully paid;
until 31 March 1994 or such later date as the Minister, in special
circumstances relating to a particular hostel, determines, as if there were
substituted for a condition of a kind referred to in paragraph 10F (2) (a) a
condition that the eligible organisation operating the hostel not allow a
person to enter the hostel and occupy an approved hostel place unless that
person is an eligible person.

AGED OR DISABLED PERSONS HOMES AMENDMENT ACT 1989 No. 87 of 1989 - SECT 27
Repeal of Aged or Disabled Persons Hostels Act 1972

  27. (1) The following Acts are repealed:
  (a)  the Aged Persons Hostels Act 1972;
  (b)  the Aged Persons Hostels Act 1974;
  (c)  the Aged Persons Hostels Amendment Act 1976.
  (2) Notwithstanding the repeal effected by subsection (1) where a building
or a proposed building had been approved as a hostel under section 5 of the
repealed Act and immediately before the commencement:
  (a)  that approval was still in force; and
  (b)  a grant had not been made to a prescribed organisation under section 6
of that Act in respect of that hostel;
the Minister shall, at the commencement, issue an appropriate certificate (in
this section called the "conversion certificate") under section 9AB of the new
Act to the organisation in relation to the provision of financial assistance
by way of a grant towards the capital works costs, and by way of recurrent
subsidy, in respect of that hostel.
  (3) Subsection 9AB (11) of the new Act does not apply in respect of a
conversion certificate.
  (4) Notwithstanding the repeal effected by subsection (1), the amount of
financial assistance by way of a grant towards the capital works costs in
respect of a hostel that may be paid to an organisation in respect of a
conversion certificate is:
  (a)  an amount calculated under section 7 of the repealed Act; or
  (b)  an amount determined in accordance with guidelines formulated under
section 9B of the new Act;
whichever is the greater amount.
  (5) In the application of the guidelines in force under section 9B for the
purpose of determining the financial assistance by way of grant towards
capital works costs in relation to a hostel in respect of which an approval
was granted under the repealed Act, the number of hostel places in relation to
which that financial assistance may be payable is the number in respect of
which approval was granted under the repealed Act.
  (6) In this section:
  "capital works costs", in relation to a hostel, has the same meaning as that
expression has for the purpose of the new Act;
  "commencement" means the commencement of this section;
  "new Act" means the Aged or Disabled Persons Homes Act 1954 as in force upon
the commencement;
  "repealed Act" means the Aged or Disabled Persons Hostels Act 1972.