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Application to Transfer Aged Care Places other than Provisionally Allocated Places to Another Provider

Application form to transfer aged care places other than provisionally allocated places to another provider

You may download the application form in PDF or Word format:

PDF printable version of the Application to Transfer Aged Care Places other than Provisionally Allocated Places to Another Provider (PDF 150 KB)
Word version of the Application to Transfer Aged Care Places other than Provisionally Allocated Places to Another Provider (Word 964 KB)

Sections 16-1 and 16-2 of the Aged Care Act 1997

Sections 16-1 and 16-2 of the Aged Care Amendment(2008 Measures No.2) Act 2008

Important information for applicants

Under section 16-1 of the Aged Care Act 1997 (the Act) and section 16-1 of the Aged Care Amendment (2008 Measures No.2) Act 2008 (the Amendment Act), a transfer of a place other than provisionally allocated places from one person to another is of no effect unless it is approved by the Secretary of the Department of Health and Ageing.

The questions in this application form reflect the provisions of Division 16 of the Act, Division 16 of the Amendment Act, Part 7 of the Allocation Principles 1997 (the Principles) and Part 7 of the Allocation Amendment Principles 2008 (Amendment Principles). This application form is to be completed by both the approved provider holding the allocation of places (the transferor) and the party seeking the places (the transferee). If the places proposed to be transferred are to be allocated to more than one service, a separate application form must be submitted in respect of each service.

This form is in three parts. The transferor is required to complete Part A. The transferee is required to complete Part B. Both parties must complete the Endorsement contained in Part C.

This application must be submitted no later than 60 days before the proposed transfer day if the transferee has been approved under section 8-1 of the Amendment Act as a provider of aged care (even if the approval has not yet begun to be in force) or no later than 90 days before the transfer day if the transferee has not been approved under section 8-1 of the Amendment Act as a provider of aged care (or has its approval limited to a particular type of care which does not include the care type being transferred). The transfer day is the day the transfer takes effect under the Act. If you need to request another period, you should discuss this with the Department and provide information supporting this request as outlined on page 3 of the form.

As part of this application form, approval may be sought for variations to the conditions that apply to the places to be transferred.

Before completing this application it is suggested that the prospective transferor and/or transferee contact the relevant State or Territory Office of the Department to discuss the proposal. Both the transferor and the transferee may be asked to meet with the Department to discuss specific aspects of this application.

If you require additional space in order to complete an answer more fully, please attach additional pages as necessary. Please ensure each page is clearly labelled with your name and the specific question that it is referring to.

You should also be aware that in considering this transfer application, the Secretary must consider the matters specified under section 16-4 of the Act, section 16-4 of the Amendment Act, and section 4.63 of the Principles, and may consider any other relevant information. Specifically, in assessing a transfer application, the Department:

• will take account of that information provided in the application;
• may require you to submit additional information, if there is insufficient detailed information to make a decision;
• may request that financial information given in support of this application be independently verified;
• may use any other relevant information available to the Department (such as Aged Care Approval Round (ACAR) applications, planning information, complaints and compliance information, prudential compliance statements);
• may obtain information and documents from other persons or organisations, including the Aged Care Standards and Accreditation Agency and organisations able to undertake financial probity and credit/debt investigations;
• will take into account each applicants records of compliance with care standards and meeting obligations arising from the receipt of payments from the Commonwealth for providing aged care;
• may take into account strategies that the applicant has put into place to improve compliance with Commonwealth requirements; and
• will consider the application in the light of all requirements of the Act and Principles. Top of Page

If the delegate of the Secretary considers any other relevant information, you will be advised of the details of the matter(s) that are considered.

The delegate of the Secretary may give the transferee information specified in the Principles at such times as are specified in the Principles. (See section 16-9 of the Act and sections 4.65 and 4.66 of the Principles.)

Both the transferor and the transferee must ensure that all financial obligations to the Department, other aged care providers and to aged care recipients are met, including the transfer of accommodation bonds. Both parties should be aware of sections 16-10 and 16-11 of the Act.

Please note:
Attachment 1 'information Related to Accommodation Bonds and Entry Contributions' is to be completed by the transferor where accommodation bonds are held in respect to residents occupying places proposed for transfer.

Where approval is being sought for places proposed for transfer to become Extra Service Places, Attachment 2 'Proposal for Extra Service Status' is to be completed by the transferee.

If the transferor has received by way of a grant from the Commonwealth any capital funding in respect of the relevant service, the Department may seek repayment of some, or all, of the entire grant. You will need to seek the Department’s prior agreement to a change of ownership of the relevant buildings or a change of the use of the buildings. Please refer to the ‘Recovery of Aged Care Capital Funding Guidelines’ available on the Department’s website at http://www.health.gov.au/internet/main/publishing.nsf/Content/ageing-finance-capfund.htm
The Department considers each case on its merits.

To ensure that both parties are fully informed about any issues that could impact upon the outcome of this application, it is expected that they will exchange any required information before the application is submitted. It is the responsibility of the transferee to undertake an effective due diligence process.

Signatories to this application must be legally authorised to sign for and on behalf of the transferor or transferee.

There are offences established by the Aged Care Act 1997 and the Criminal Code Act 1995 relating to providing false or misleading information. Providing false or misleading information to the Commonwealth in this application is a serious offence and may lead to sanctions.

If you are unclear about any of the questions in this application form, please phone
1800 020 103 and ask to be put through to a Departmental Officer in your relevant State or Territory Office.

Please forward this completed application form to the address below:
Aged Care Branch
Department of Health and Ageing
GPO Box 9848
In the capital city of the State or Territory in which the residential services are located
(To assist delivery, please also specify 'Mail Drop Point 42' if the service is located in the Australian Capital Territory)
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