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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 cooperate with any person who is performing functions, or exercising powers, in relation to the service under:

  (i)   Part   6.4 of this Act; or

  (ii)   Part   8 or 8A of the * Quality and Safety Commission Act; or

  (iii)   Part   2 or 3 of the * Regulatory Powers Act;

  (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;

  (ha)   to allow delegates of the Secretary under subsection   96 - 2(15) access to the service, as required under the Accountability Principles, in order to assess, under section   29C - 3, the care needs of care recipients provided with care through the service;

  (hb)   to allow persons performing an activity mentioned in paragraph   131A(1)(c) of the National Health Reform Act 2011 access to the service, as required under the Accountability Principles, for the purposes of the * Pricing Authority performing the function mentioned in paragraph   131A(1)(a) of that Act;

  (hc)   to provide persons performing an activity mentioned in paragraph   131A(1)(c) of the National Health Reform Act 2011 with all reasonable facilities and assistance necessary, as required under the Accountability Principles, for the purposes of the Pricing Authority performing the function mentioned in paragraph   131A(1)(a) of that Act;

  (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)   if the approved provider has given an undertaking as required by a notice given to the provider under section   63T of the Quality and Safety Commission Act--to comply with the undertaking;

  (l)   if the approved provider has agreed to do one or more things as required by a notice given to the provider under section   63U of the Quality and Safety Commission Act--to comply with the agreement;

  (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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