Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 18.4

Approved providers' obligations relating to the care needs of care recipients

  (1)   An approved provider must not * relinquish * places in respect of which care recipients are being provided with care without complying with any proposal, for ensuring that care needs are appropriately met for those care recipients, that was:

  (a)   accepted by the Secretary under section   18 - 3; or

  (b)   modified by the approved provider as requested by the Secretary under subsection   18 - 3(4); or

  (c)   set out by the Secretary in a notice under subsection   18 - 3(5).

Note:   Approved providers have a responsibility under Part   4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part   7B of the * Quality and Safety Commission Act.

  (2)   If an approved provider that is a * corporation fails to comply with this section, the approved provider commits an offence punishable, on conviction, by a fine not exceeding 1,000 penalty units.

Note:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.


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