Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 10.3

Revocation of approval

             (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.

             (3)  Before deciding to revoke the approval, the Secretary must notify the person that revocation is being considered. The notice must be in writing and must:

                     (a)  include the Secretary's reasons for considering the revocation; and

                     (b)  invite the person to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and

                     (c)  inform the person that if no submission is made within that period, any revocation may take effect as early as 7 days after the last day for making submissions.

             (4)  In deciding whether to revoke the approval, the Secretary must consider any submissions given to the Secretary within that period.

             (5)  The Secretary must notify the person, in writing, of the decision.

             (6)  The notice must be given to the person within 28 days after the end of the period for making submissions. If the notice is not given within this period, the Secretary is taken to have decided not to revoke the approval.

             (7)  The Secretary must give effect to the revocation of the approval by:

                     (a)  giving the person one or more written notices (which the Secretary may give at different times) limiting, or further limiting, the approval to:

                              (i)  one or more specified types of aged care; or

                             (ii)  one or more specified * aged care services; or

                            (iii)  one or more specified classes of care recipient; or

                            (iv)  any combination of the above; or

                     (b)  giving the person a written notice revoking the approval altogether (whether or not the Secretary has already imposed any limitations under paragraph (a)).

A notice under this subsection may be given at the same time as the subsection (5) notice or at a later time.

          (7A)  A subsection (7) notice takes effect at the time specified in the notice, which must be at least 7 days after the day on which the notice is given.

          (7B)  The Secretary must not give a subsection (7) notice unless the Secretary is satisfied that appropriate arrangements have been made to ensure that the care recipients to whom the person will no longer be approved to provide * aged care after the notice takes effect will continue to be provided with care after that time.

          (7C)  Subject to subsection (7B), if the Secretary imposes one or more limitations under paragraph (7)(a), the Secretary must eventually revoke the approval altogether under paragraph (7)(b).

             (8)  Paragraph (1)(a) does not apply if the approved provider is a State, Territory, * authority of a State or Territory or * local government authority.

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