Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 29A.1

Warning notices

  (1)   The Secretary may notify an approved provider in writing if the Secretary:

  (a)   reasonably suspects that the approved provider, or a person acting on the approved provider's behalf, gave false or misleading information in an appraisal or reappraisal connected with a classification reviewed under subsection   29 - 1(3); and

  (b)   changes the classification under section   29 - 1.

Note:   See also sections   25 - 4 (suspending approved providers from making appraisals and reappraisals) and 27 - 3 (reappraisal required by Secretary).

  (2)   The Secretary may also notify an approved provider in writing if:

  (a)   the approved provider makes 2 or more of any of the following:

  (i)   an appraisal under section   25 - 3;

  (ii)   a reappraisal under section   27 - 4; and

  (b)   the Secretary changes 2 or more classifications under section   29 - 1 because the Secretary is satisfied that the appraisals or reappraisals were incorrect or inaccurate; and

  (c)   the Secretary is satisfied that the changes, taken together, are significant (see section   29A - 3).

  (3)   A notice under this section must:

  (a)   specify the classification or classifications the Secretary changed; and

  (b)   include a statement that the Secretary suspects the matter mentioned in paragraph   (1)(a), or is satisfied of the matter mentioned in paragraph   (2)(c), and the Secretary's reasons for this; and

  (c)   include a statement of the effect of section   29A - 2.


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