Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 66.1

Sanctions that may be imposed

                   The Secretary may, by notice under section 67-5, impose one or more of the following sanctions on an approved provider that has not complied, or is not complying, with one or more of its responsibilities under Part 4.1, 4.2 or 4.3:

                     (a)  revoking or suspending the approved provider's approval under Part 2.1 as a provider of * aged care services;

                     (b)  restricting the approved provider's approval under Part 2.1 as a provider of aged care services to aged care services that are being conducted by the approved provider at the * section 67-5 notice time;

                     (c)  restricting the payment of * subsidy to the provision of care to either:

                              (i)  care recipients to whom the approved provider is providing care at the section 67-5 notice time; or

                             (ii)  care recipients other than those to whom the approved provider commenced providing care, through one or more specified aged care services, after the section 67-5 notice time;

                     (d)  revoking or suspending the allocation of some or all of the * places allocated to the approved provider under Part 2.2;

                     (e)  varying the conditions to which the allocation of some or all of those places is subject under section 14-5;

                      (f)  prohibiting the further allocation of places under Part 2.2 to the approved provider;

                     (g)  revoking or suspending the * extra service status of a residential care service, or a * distinct part of a residential care service, conducted by the approved provider;

                     (h)  prohibiting the granting of extra service status in respect of residential care services, or distinct parts of residential care services, conducted by the approved provider;

                    (ia)  prohibiting the charging of * accommodation payments or * accommodation contributions for:

                              (i)  one or more specified residential care services; or

                             (ii)  all residential care services; or

                            (iii)  one or more specified flexible care services; or

                            (iv)  all flexible care services;

                            conducted by the approved provider;

                      (j)  prohibiting the charging of * accommodation bonds, or the accrual of * accommodation charges, for the * entry of care recipients to:

                              (i)  one or more specified residential care services; or

                             (ii)  all residential care services; or

                            (iii)  one or more specified flexible care services; or

                            (iv)  all flexible care services;

                            conducted by the approved provider;

                    (ja)  if the approved provider has charged a care recipient an amount of accommodation payment or accommodation contribution (the excess ) that is more than the amount permitted under Division 52G--requiring the provider to refund to the care recipient an amount equal to the excess (together with an amount representing interest worked out in accordance with the Fees and Payments Principles) within the period specified in the notice;

                    (jb)  if the approved provider has not refunded a * refundable deposit balance, an * accommodation bond balance or an * entry contribution balance to a care recipient as required under Division 52P--requiring the provider to refund to the care recipient an amount equal to the balance (together with an amount representing interest worked out in accordance with the Fees and Payments Principles) within the period specified in the notice;

                    (jc)  restricting, during the period specified in the notice, the use of a refundable deposit balance, an accommodation bond balance or an entry contribution balance paid to the approved provider to one or more uses permitted under Division 52N;

                     (k)  requiring repayment of some or all of any grants paid to the approved provider under Chapter 5 in respect of an aged care service in respect of which the approved provider has not complied with its responsibilities;

                      (l)  such other sanctions as are specified in the Sanctions Principles.



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