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AGED CARE ACT 1997 - SECT 10A.2

Determination relating to suitability of key personnel of an approved provider

Determination relating to suitability of key personnel

  (1)   If an approved provider is a * corporation, the * Quality and Safety Commissioner may, at any time, determine that an individual who is one of the * key personnel of the provider is not suitable to be involved in the provision of * aged care.

  (2)   In deciding whether to make the determination under subsection   (1), the * Quality and Safety Commissioner must consider the * suitability matters in relation to the individual.

  (3)   Subsection   (2) does not limit the matters the * Quality and Safety Commissioner may consider in deciding whether to make the determination under subsection   (1) in relation the individual.

Notice of intention to make determination

  (4)   Before the * Quality and Safety Commissioner makes the determination in relation to an individual who is one of the * key personnel of the approved provider, the Commissioner must, by written notice, notify the individual and the provider that the Commissioner is considering making such a determination.

  (5)   The notice must:

  (a)   set out the reasons why the * Quality and Safety Commissioner is considering making the determination in relation to an individual who is one of the * key personnel of the approved provider; and

  (b)   invite the individual and the provider to make submissions, in writing, to the Commissioner in relation to the matter within:

  (i)   14 days after receiving the notice; or

  (ii)   if a shorter period is specified in the notice--that shorter period; and

  (c)   inform the individual and the provider that the Commissioner may, after considering any submissions made by them, decide to make the determination.

  (6)   The * Quality and Safety Commissioner must consider any submissions made by the individual and the approved provider in accordance with the notice.

Notice of determination

  (7)   If the * Quality and Safety Commissioner decides to make the determination in relation to an individual who is one of the * key personnel of the approved provider, the Commissioner must, within 14 days after making the decision, give the individual and the provider a written notice that:

  (a)   sets out the decision; and

  (b)   sets out the reasons for the decision; and

  (c)   states that the provider must, within a specified period, take specified action to ensure that the individual ceases to be one of the key personnel of the provider; and

  (d)   sets out the effect of sections   10A - 2A and 10A - 3.

Note:   The approved provider may request the * Quality and Safety Commissioner to reconsider the decision under Part   8B of the * Quality and Safety Commission Act.



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