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AGED CARE (TRANSITIONAL PROVISIONS) ACT 1997 - SECT 42.3

Working out periods of leave

  (1)   In working out the days on which a care recipient is on * leave under section   42 - 2:

  (a)   include the day on which the period commenced; and

  (b)   do not include the day on which the approved provider recommenced, or commenced, providing residential care to the care recipient.

Note:   Absences that do not include an overnight absence from a residential care service are not counted as * leave because of paragraph   (b).

  (2)   Subject to subsection   (3), a care recipient cannot be on * leave under section   42 - 2 from a residential care service before he or she * enters the service.

  (3)   A care recipient may be on leave under section   42 - 2 on the days during the period starting on the later of:

  (a)   the day on which he or she was notified that there was a vacancy in the residential care service in question; or

  (aa)   the day on which he or she accepted a place in the residential care service; or

  (b)   the day that is 7 days, or such other period as is specified in the Aged Care (Transitional Provisions) Principles, before the day on which the person * enters the residential care service;

and ending at the end of the day before the day the person enters the residential care service.



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