5. Refusal to issue licence
Feedback & supportLast amended by an amending law of 2019.
The Director‑General may refuse to issue a licence if the Director‑General is satisfied —
Director‑General
“Director‑General” means the Director‑General of Social Welfare and includes any person who is authorised by the Director‑General to perform any of the duties or exercise any of the powers of the Director‑General under this Act or any of its regulations;
that the applicant or any person employed or proposed to be employed by the applicant in the management of the home or part of the home is not a fit person, whether by reason of age or otherwise, to carry on or to be so employed at the home named in the application;
that for reasons connected with the situation, construction, state of repair, accommodation, staffing or equipment, the home or any premises used in connection with the home are not fit to be used as a home for the aged; or
home for the aged
“home for the aged” means any establishment the object of which is, or is held out to be, the provision of residential accommodation with board and personal care for 5 or more old persons, whether able-bodied or disabled, but does not include —(a)premises which form part of any premises, including maternity homes, used or intended to be used solely for the reception, lodging and treatment and care of persons who require medical treatment or suffer from any disease;(b)premises used or intended to be used solely for the reception of, and the provision of nursing for, persons suffering or convalescing from any sickness, injury or infirmity;(c)premises used solely for the reception and care of dying or terminally ill persons; and(d)any other premises that may be prescribed;
that the way in which it is proposed to conduct the home is such as not to provide services or facilities reasonably required by old persons.