Commonwealth Consolidated Acts

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Stayed suspension may take effect

             (1)  The Secretary may decide that the suspension is to take effect, if the Secretary is satisfied that:

                     (a)  if the agreement requires the approved provider to appoint an adviser--the approved provider has not complied with subsection 25-4A(3); or

                     (b)  the approved provider has not complied with the agreement; or

                     (c)  despite having complied with the agreement, the approved provider has continued not to conduct in a proper manner appraisals and reappraisals of the care needs of care recipients provided with care through the aged care service.

             (2)  If the Secretary decides that the suspension is to take effect, the Secretary must notify the approved provider, in writing, of the decision.

             (3)  The suspension takes effect 7 days after the day on which that notice is given and has effect from that day for the whole of the suspension period specified in the notice under subsection 25-4(5).

             (4)  The Secretary must not give an approved provider a notice under subsection (2) after the last day on which the suspension would have had effect had the approved provider not entered into the agreement.

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