Aged Care Amendment (2008 Measures No. 2) Act 2008 (Cth)

Aged Care Amendment (2008 Measures No. 2) Act 2008 No. 140, 2008 An Act to amend the law in relation to aged care, and for related purposes Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendments Part 1—Amendments Aged Care Act 1997 Aged Care (Bond Security) Act 2006 Part 2—Application and transitional provisions Aged Care Amendment (2008 Measures No. 2) Act 2008 No. 140, 2008 An Act to amend the law in relation to aged care, and for related purposes [Assented to 9 December 2008] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Aged Care Amendment (2008 Measures No. 2) Act 2008. 2 Commencement This Act commences on 1 January 2009. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendments Part 1—Amendments Aged Care Act 1997 1 Section 7‑1 Repeal the section, substitute: 7‑1 Pre‑conditions to receiving subsidy Payments of subsidy cannot be made under Chapter 3 to a person for providing *aged care unless: (a) the person is approved under this Part as a provider of aged care; and (b) the approval is in force in respect of the type of aged care provided, at the time it is provided; and (c) the approval is in force in respect of the *aged care service through which the aged care is provided, at the time it is provided. 2 Subsections 8‑1(2) and (3) Repeal the subsections, substitute: (2) The approval is in respect of: (a) either: (i) all types of *aged care; or (ii) if the approval is specified to be in respect of one or more types of aged care—that type or those types of aged care; and (b) each *aged care service in respect of which: (i) an allocation of a *place to the person in respect of the aged care service is in effect (whether because the place was originally allocated to the person or because of a transfer); or (ii) a *provisional allocation of a place to the person in respect of the aged care service is in force (whether because the place was originally allocated to the person but the allocation has not yet taken effect or because of a transfer). (3) The approval in respect of an *aged care service begins to be in force on the first day on which: (a) an allocation of a *place to the person in respect of the aged care service takes effect; or (b) a *provisional allocation of a place to the person in respect of the aged care service begins to be in force; or (c) a transfer day occurs for the transfer under Division 16 of a place to the person for the provision of *aged care through the aged care service. (4) However, the approval does not come into force in respect of any *aged care service through which the person provides *aged care unless one of those events occurs in respect of one of the aged care services through which the person provides aged care within a period of 2 years, or such longer period as is specified in the Approved Provider Principles, beginning on the day on which the instrument of approval is made. (5) The approval is not subject to any limitation relating to when it ceases to be in force, unless the instrument of approval specifies otherwise. 3 After paragraph 8‑3(1)(g) Insert: (ga) if the applicant has relevant key personnel in common with a person who is or has been an approved provider: (i) the person's record of meeting relevant standards for the provision of aged care (see Part 4.1); and (ii) the person's record of commitment to the rights of the recipients of aged care; and (iii) the person's record of financial management, and the methods that the person uses or used in order to ensure sound financial management; and (iv) the person's record of financial management relating to the provision of aged care; and (v) the conduct of the 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; and 4 Subsections 8‑3(3) and (4) Repeal the subsections. 5 Subsection 8‑3(6) Omit "and (g)", substitute ", (g) and (ga)". 6 After subsection 8‑3(6) Insert: (6A) For the purposes of paragraph (1)(ga), the applicant 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 applicant. 7 After section 8‑3 Insert: 8‑3A Meaning of key personnel (1) For the purposes of this Act, each of the following is one of the key personnel of an entity at a particular time: (a) a member of the group of persons who is responsible for the executive decisions of the entity at that time; (b) any other person who has authority or responsibility for (or significant influence over) planning, directing or controlling the activities of the entity at that time; (c) if, at that time, the entity conducts an *aged care service: (i) any person who is responsible for the nursing services provided by the service; and (ii) any person who is responsible for the day‑to‑day operations of the service; whether or not the person is employed by the entity; (d) if, at that time, the entity proposes to conduct an aged care service: (i) any person who is likely to be responsible for the nursing services to be provided by the service; and (ii) any person who is likely to be responsible for the day‑to‑day operations of the service; whether or not the person is employed by the entity. (2) Without limiting paragraph (1)(a), a reference in that paragraph to a person who is responsible for the executive decisions of an entity includes: (a) where the entity is a body corporate that is incorporated, or taken to be incorporated, under the Corporations Act 2001—a director of the body corporate for the purposes of that Act; and (b) in any other case—a member of the entity's governing body. (3) A person referred to in subparagraph (1)(c)(i) or (1)(d)(i) must hold a recognised qualification in nursing. 8 Paragraph 8‑5(2)(b) Repeal the paragraph, substitute: (b) the types of *aged care in respect of which the approval is given; 9 Paragraph 8‑5(2)(d) Repeal the paragraph, substitute: (d) a statement that the approval is in respect of those *aged care services in respect of which: (i) an allocation of a *place to the person in respect of the aged care service is in effect (whether because the place was originally allocated to the person or because of a transfer); or (ii) a *provisional allocation of a place to the person in respect of the aged care service is in force (whether because the place was originally allocated to the person but the allocation has not yet taken effect or because of a transfer); (da) a statement that the approval will not come into force unless one of the following occurs within a period of 2 years, or such longer period as is specified in the Approved Provider Principles, beginning on the day on which the instrument of approval is made: (i) an allocation of a place to the person in respect of an aged care service takes effect; or (ii) a provisional allocation of a place to the person in respect of an aged care service begins to be in force; or (iii) a transfer day occurs for the transfer under Division 16 of a place to the person for the provision of aged care through an aged care service; (db) if the approval specifies that it will cease to be in force on a particular day—the day on which it will cease to be in force; 10 Paragraph 8‑5(2)(f) Omit "sections 10‑3, 10‑4", substitute "section 10‑3". 11 At the end of section 8‑5 Add: (3) If the applicant is approved as a provider of *aged care, the Secretary may, by written notice given to the applicant at the time the applicant is notified of the approval under subsection (1), specify any circumstance that the Secretary is satisfied materially affects the applicant's suitability to provide aged care. (4) The notice may specify the steps to be taken by the applicant to notify the Secretary and obtain his or her agreement before there is any change to that circumstance. (5) A notice given to the applicant under subsection (3) is not a legislative instrument. 12 Paragraph 8‑6(2)(b) Omit "or 10‑4". 13 Paragraph 8‑6(3)(b) Repeal the paragraph, substitute: (b) if the applicant is a State or Territory—paragraphs 8‑3A(a) and (b) do not apply. 14 Subsections 9‑1(2) and (3) Repeal the subsections, substitute: (2) The notification must be in the form approved by the Secretary. (3) Despite paragraph (1)(b), an approved provider is not obliged to notify the Secretary of a change to the approved provider's *key personnel if: (a) the approved provider is a State or Territory; and (b) the change relates to: (i) a member of a group of persons who is responsible for the executive decisions of the approved provider; or (ii) any other person who has authority or responsibility for (or significant influence over) planning, directing or controlling the activities of the approved provider. 15 After subsection 9‑1(3A) Insert: (3B) If: (a) a person has been approved under section 8‑1 as a provider of *aged care; and (b) the approval has not yet begun to be in force because: (i) no allocation of a *place to the person in respect of the *aged care service or services through which it provides aged care is in effect; and (ii) no *provisional allocation of a place to the person in respect of the aged care service or services through which it provides, or proposes to provide, aged care is in force; and (iii) the transfer day has not occurred for any transfer under Division 16 of a place to the person for the provision of aged care through the aged care service or services through which it provides, or proposes to provide, aged care; this section has effect in respect of the person in the same way as it has effect in respect of an approved provider. 16 After subsection 9‑2(2) Insert: (2A) If: (a) a person has been approved under section 8‑1 as a provider of *aged care; and (b) the approval has not yet begun to be in force because: (i) no allocation of a *place to the person in respect of the *aged care service or services through which it provides aged care is in effect; and (ii) no *provisional allocation of a place to the person in respect of the aged care service or services through which it provides, or proposes to provide, aged care is in force; and (iii) the transfer day has not occurred for any transfer under Division 16 of a place to the person for the provision of aged care through the aged care service or services through which it provides, or proposes to provide, aged care; this section has effect in respect of the person in the same way as it has effect in respect of an approved provider. 17 Subsection 9‑3A(1) Omit "request an approved provider", substitute "request a person who is or has been an approved provider". 18 Subsection 9‑3A(1) Omit "the approved provider" (wherever occurring), substitute "the person". 19 After paragraph 9‑3A(1)(f) Insert: ; (g) *unregulated lump sums paid to the person; (h) the amount of one or more *unregulated lump sum balances at a particular time. 20 Subsection 9‑3A(2) Omit "The approved provider", substitute "The person". 21 Subsection 9‑3A(3) Repeal the subsection, substitute: (3) A person commits an offence if: (a) the Secretary 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. 22 Paragraph 10‑1(1)(b) Omit "or 10‑4". 23 Paragraph 10‑1(1)(c) Omit "subsection 8‑1(3)", substitute "subsection 8‑1(5)". 24 Section 10‑2 Repeal the section, substitute: 10‑2 Approval lapses if no allocated places The approval of a person as a provider of *aged care that is in force lapses if: (a) no allocation of a *place to the provider in respect of any *aged care service through which it provides aged care is in effect; and (b) no *provisional allocation of a place to the provider in respect of any aged care service through which it provides, or proposes to provide, aged care is in force; and (c) the transfer day has not occurred for any transfer under Division 16 of a place to the person for the provision of aged care through the aged care service or services through which it provides, or proposes to provide, aged care. 25 Subsection 10‑3(1) Repeal the subsection, substitute: (1) The Secretary must revoke an approval of a person as a provider of *aged care under section 8‑1 if the Secretary is satisfied that: (a) the person has ceased to be a *corporation; or (b) the person has ceased to be suitable for approval (see section 8‑3); or (c) the person's application for approval contained information that was false or misleading in a material particular. Note 1: Revocation of approvals are reviewable under Part 6.1. Note 2: Approvals may also be revoked as a sanction under Part 4.4. 26 Subsections 10‑3(3), (5), (6), (7) and (7B) Omit "the approved provider" (wherever occurring), substitute "the person". 27 Section 10‑4 Repeal the section. 28 After paragraph 13‑1(c) Insert: (ca) it is accompanied by the statements and other information required by that form; and 29 Subsection 14‑1(1) Omit ", but only if the person is an approved provider". 30 Subsection 14‑1(2) Repeal the subsection, substitute: (2) The *places may only be allocated to a person who: (a) is approved under section 8‑1 to provide the *aged care in respect of which the places are allocated; or (b) will be approved to provide aged care in respect of which the places are allocated once the allocation takes effect or, in the case of a *provisional allocation, begins to be in force. (2A) The *places must not be allocated to the person if a sanction imposed under Part 4.4 is in force prohibiting allocation of places to the person. 31 Subsection 14‑1(4) Omit "an approved provider", substitute "a person". 32 Paragraph 14‑1(4)(a) Omit "the approved provider", substitute "the person". 33 After paragraph 14‑2(1)(d) Insert: (da) if the applicant has relevant *key personnel in common with a person who is or has been an approved provider—the 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; and 34 Subsection 14‑2(2) Omit "paragraph (1)(d)", substitute "paragraphs (1)(d) and (da)". 35 At the end of section 14‑2 Add: (3) For the purposes of paragraph (1)(da), the applicant 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, another person was one of its *key personnel; and (b) that other person is one of the key personnel of the applicant. 36 Subsection 14‑4(1) Omit "each approved provider", substitute "each person". 37 Paragraph 14‑4(1)(a) Omit "approved providers", substitute "persons". 38 Paragraph 14‑4(2)(a) Omit "each approved provider", substitute "each person". 39 Paragraph 14‑4(3)(a) Omit "each approved provider", substitute "each person". 40 Subsection 14‑5(1) Omit "an approved provider", substitute "a person". 41 Paragraph 14‑5(4)(c) Omit "approved provider", substitute "person". 42 After paragraph 14‑5(4)(d) Insert: ; (e) the treatment of any *pre‑allocation lump sum, or part of such a sum, paid or payable to the person to whom the place is allocated (the pre‑allocation lump sum holder) by a care recipient, including: (i) the refund of the sum or part of the sum, with the consent of the care recipient; or (ii) the forgiveness of any obligation (including a contingent obligation) in relation to the sum or part of the sum, with the consent of the care recipient; (f) the conditions and entry into force of any accommodation bond agreement entered into as a consequence of the refund of a pre‑allocation lump sum or part of such a sum, or the forgiveness of an obligation (including a contingent obligation) in relation to a pre‑allocation lump sum or part of such a sum. 43 At the end of section 14‑5 Add: (5) If: (a) a condition imposed on an allocation of *places to a person requires: (i) the refund by the person to a care recipient, with the consent of the 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 care recipient, with the consent of the care recipient, in relation to a pre‑allocation lump sum or part of such a sum; and (b) the 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 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 care recipient and the pre‑allocation lump sum holder would have under this Act if: (c) the 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. (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 an *accommodation bond, an *entry contribution or an *unregulated lump sum. 44 Subsection 14‑6(1) Omit "an approved provider", substitute "a person". 45 Subsection 14‑9(1) Omit "an approved provider", substitute "a person". 46 Subsection 15‑1(1) Omit "an approved provider", substitute "a person". 47 Subsection 15‑1(1) Omit "the approved provider", substitute "the person". 48 Section 15‑3 Omit "approved provider" (wherever occurring), substitute "person". 49 Subsections 15‑4(3), (5), (6) and (8) Omit "approved provider" (wherever occurring), substitute "person". 50 Subsections 15‑5(1), (4) and (6) Omit "approved provider", substitute "person". Note: The heading to section 15‑5 is altered by omitting "of approved provider". 51 Sections 15‑6 and 15‑7 Omit "approved provider" (wherever occurring), substitute "person". 52 Before section 16‑1 Insert: Subdivision 16‑A—Transfer of places other than provisionally allocated places 16‑1A Application of this Subdivision This Subdivision applies to the transfer of an allocated *place, other than a *provisionally allocated place. 53 Subsection 16‑1(1) Omit "an allocated *place", substitute "a *place to which this Subdivision applies". 54 Subsection 16‑1(2) After "a *place", insert "to which this Subdivision applies". 55 Paragraph 16‑1(2)(a) Repeal the paragraph. 56 Paragraph 16‑1(2)(d) After "completed", insert "in respect of the *aged care service to which the places will relate after transfer". 57 Paragraph 16‑1(3)(a) Omit "Division", substitute "Subdivision". 58 Subsection 16‑2(1) After "a *place", insert "to the transfer of which this Subdivision applies". 59 Paragraph 16‑2(4)(a) Omit "is an approved provider", substitute "has been approved under section 8‑1 as a provider of *aged care (even if the approval has not yet begun to be in force)". 60 Paragraph 16‑2(4)(b) Omit "is not an approved provider", substitute "has not been approved under section 8‑1 as a provider of aged care". 61 At the end of subsection 16‑2(7) Add "The notice is not a legislative instrument.". 62 Section 16‑4 Before "In deciding whether", insert "(1)". 63 After paragraph 16‑4(e) Insert: (ea) if the transferee has been a provider of aged care—its 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; (eb) if the transferee has relevant *key personnel in common with a person who is or has been an approved provider—the 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; 64 At the end of section 16‑4 Add: (2) The reference in paragraphs (1)(ea) and (eb) 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)(eb), 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. 65 Subsection 16‑8(1) After "a *place", insert "to which this Subdivision applies". 66 At the end of Division 16 Add: Subdivision 16‑B—Transfer of provisionally allocated places 16‑12 Application of this Subdivision This Subdivision applies to the transfer of a *provisionally allocated *place. 16‑13 Transfer of provisionally allocated places (1) A transfer of a *provisionally allocated *place from one person to another is of no effect unless it is approved by the Secretary. (2) The Secretary must not approve the transfer of a *provisionally allocated *place unless: (a) an application for the transfer is made under section 16‑14; and (b) the Secretary is satisfied that, because of the needs of the aged care community in the region for which the places were provisionally allocated, there are exceptional circumstances justifying the transfer; and (c) the Secretary is satisfied, having regard to the matters mentioned in section 16‑16, that the needs of the aged care community in the region for which the places were provisionally allocated are best met by the transfer; and (d) the Secretary is satisfied that the transferee will be an approved provider when the transfer is completed in respect of the *aged care service to which the places will relate after transfer; and (e) the location in respect of which the place is provisionally allocated will not change as a result of the transfer; and (f) the provisional allocation is in respect of residential care subsidy. (3) If the transfer is approved: (a) the transferee is taken, from the transfer day (see section 16‑19), to be the person to whom the *place is *provisionally allocated under this Subdivision; and (b) if, as part of the transfer, approval is sought 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 such variation of the conditions as is specified in the instrument of approval. 16‑14 Applications for transfer of provisionally allocated places (1) A person to whom a *place has been *provisionally allocated under Division 14 may apply in writing to the Secretary for approval to transfer the place to another person. (2) The application 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 *provisional allocation is subject under section 14‑5, for which approval is being sought as part of the transfer. (3) The information to be included in the application 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; (g) whether any of the places are: (i) places included in a residential care service, or a *distinct part of a residential care service, that has *extra service status; or (ii) places in respect of which one or more *residential care grants have been paid; (h) if the places are included in a residential care service and, after the transfer, the places would relate to a different residential care service—whether that service, or a distinct part of that service, has extra service status; (i) evidence of the progress made by the transferor towards being in a position to provide care in respect of the places; (j) the day on which, if the transfer were to take place, the transferee would be in a position to provide care in respect of the places; (k) such other information as is specified in the Allocation Principles. Note: The Secretary must not approve the transfer if the location in respect of which the place is provisionally allocated will change as a result of the transfer (see paragraph 16‑13(2)(e)). (4) The application must be made: (a) if the transferee has been approved under section 8‑1 as a provider of *aged care (even if the approval has not yet begun to be in force)—no later than 60 days, or such other period as the Secretary determines under subsection (5), before the proposed transfer day; or (b) if the transferee has not been approved under section 8‑1 as a provider of aged care—no later than 90 days, or such other period as the Secretary determines under subsection (5), before the proposed transfer day. (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. The notice is not a legislative instrument. (8) If the information included in an application changes, the application is taken not to have been made under this section unless the transferor and the transferee give the Secretary written notice of the changes. 16‑15 Requests for further information (1) If the Secretary needs further information to determine the application, the Secretary may give to the transferor and the transferee a notice requesting that: (a) either the transferor or the transferee give the further information; or (b) the transferor and the transferee jointly give the further information; within 28 days after receiving the notice. (2) The application is taken to be withdrawn if the further information is not given within the 28 days. Note: The period for giving the further information can be extended—see section 96‑7. (3) The notice must contain a statement setting out the effect of subsection (2). 16‑16 Consideration of applications (1) In considering whether the needs of the aged care community in the region for which the *places were allocated are best met by the transfer, the Secretary must consider each of the following matters: (a) whether the transfer would meet the objectives of the planning process set out in section 12‑2; (b) whether the transferor has made such significant progress towards being in a position to provide care, in respect of the places, that it would be contrary to the interests of the aged care community in the region not to permit the transfer; (c) whether the transferee is likely to be in a position to provide care in respect of the places within a short time after the transfer; (d) the standard of care, accommodation and other services proposed to be provided by the *aged care service in which the places would be included if the transfer were to occur; (e) the suitability of the transferee to provide the *aged care to which the places to be transferred relate; (f) the suitability of the premises proposed to be used to provide care through the aged care service in which the places would be included if the transfer were to occur; (g) if the places were allocated to meet the needs of *people with special needs—whether those needs would be met once the allocation of the places to be transferred took effect; (h) if the places were allocated to provide a particular type of aged care—whether that type of aged care would be provided once the allocation of the places to be transferred took effect; (i) if the transferee has been a provider of aged care—its 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; (j) if the transferee has relevant *key personnel in common with a person who is or has been an approved provider—the 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; (k) the financial viability, if the transfer were to occur, of the transferee and the aged care service in which the places would be included if the transfer were to occur; (l) the measures to be adopted by the transferee to protect the rights of care recipients; (m) any matters set out in the Allocation Principles. Note: The Secretary must not approve the transfer if the location in respect of which the place is provisionally allocated will change as a result of the transfer (see paragraph 16‑13(2)(e)). (2) The reference in paragraphs (1)(i) and (j) to aged care includes a reference to any care for the aged, whether provided before or after the commencement of this section, in respect of which any payment was or is payable under a law of the Commonwealth. (3) For the purposes of paragraph (1)(j), 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, another person was one of its *key personnel; and (b) that other person is one of the key personnel of the transferee. 16‑17 Time limit for decisions on applications (1) Subject to this section, the Secretary must, at least 14 days before the proposed transfer day: (a) approve the transfer; or (b) reject the application; and notify the transferor and transferee accordingly. Note: Rejections of applications are reviewable under Part 6.1. (2) The Secretary may make a decision under subsection (1) on a later day if the transferor and the transferee agree. However, the later day must not occur on or after the proposed transfer day. (3) If: (a) the Secretary is given written notice (the alteration notice) under subsection 16‑14(8) of changes to the information contained in the application; and (b) the alteration notice is given on or after the day occurring 30 days before the day by which the Secretary must act under subsection (1) of this section; the Secretary is not obliged to act under subsection (1) until the end of the 30 day period following the day on which the alteration notice was given by the Secretary. 16‑18 Notice of decision on transfer If the transfer is approved, the notice must include statements setting out the following matters: (a) the number of *places to be transferred; (b) the proposed transfer day; (c) the *aged care service to which the places currently relate, and its location; (d) if, after the transfer, the places will relate to a different aged care service—that aged care service; (e) the proportion of care, in respect of the places to be transferred, to be provided once the allocation takes effect to: (i) *people with special needs; or (ii) *supported residents, *concessional residents and *assisted residents; or (iii) recipients of *respite care; or (iv) people need