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AGED CARE ACT 1997 - SECT 63.1

Responsibilities of approved providers

             (1)  The responsibilities of an approved provider in relation to accountability for the * aged care provided by the approved provider through an * aged care service are as follows:

                     (a)  to comply with Part 6.3 in relation to keeping and retaining records relating to the service;

                     (b)  to co-operate with any person who is exercising powers under Part 6.4 in relation to the service, and to comply with that Part in relation to the person's exercise of those powers;

                   (ba)  to cooperate with any person who is exercising powers under Division 94B in relation to the service;

                     (c)  to comply with Division 9 in relation to notifying and providing information;

                     (d)  to comply with any conditions to which the allocation of any of the * places included in the service is subject under section 14-5 or 14-6;

                     (e)  if the approved provider has transferred places to another person--to provide records, or copies of records, to that person in accordance with section 16-11;

                      (f)  if the approved provider has * relinquished places--to comply with the obligations under subsections 18-2(4) and 18-4(1);

                     (g)  to allow people authorised by the Secretary access to the service, as required under the Accountability Principles, in order to assess, for the purposes of section 22-4, the care needs of any person provided with care through the service;

                     (h)  to conduct in a proper manner any appraisals under section 25-3, or reappraisals under section 27-5, of the care needs of care recipients provided with care through the service;

                      (i)  if the service, or a * distinct part of the service, has * extra service status--to comply with any conditions to which the grant of extra service status is subject under section 32-8;

                     (k)  to comply with any agreement the approved provider makes under paragraph 66-2(1)(b), and with any undertaking the approved provider gives for the purposes of section 67-4;

                      (l)  to allow the * CEO of the Quality Agency to have such access to the service as is specified in the Accountability Principles;

                    (m)  such other responsibilities as are specified in the Accountability Principles.

Note:          The Accountability Principles are made by the Minister under section 96-1.

             (2)  The responsibilities under this section apply in relation to matters concerning a person to whom the approved provider provides, or is to provide, care through an * aged care service only if:

                     (a)  * subsidy is payable for provision of the care to that person; or

                     (b)  both:

                              (i)  the approved provider is approved in respect of the aged care service through which the person is provided, or to be provided, with * aged care and for the type of aged care provided, or to be provided, to the person; and

                             (ii)  the person is approved under Part 2.3 as a recipient of the type of aged care provided, or to be provided, through the service.



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