Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 66.2

Agreement to certain matters in lieu of revocation of approved provider status

             (1)  If revocation of the approved provider's approval under Part 2.1 as a provider of * aged care services is imposed as a sanction, the revocation does not take effect if:

                     (a)  the Secretary specifies, in the notice of imposition of the sanction under section 67-5, that the revocation will not take effect if, within the period specified in the notice, the approved provider agrees to whichever one or more of the following is specified in the notice:

                              (i)  providing, at its expense, such training as is specified in the notice for its officers, employees and agents;

                             (ii)  providing such security as is specified in the notice for any debts owed by the approved provider to the Commonwealth;

                            (iii)  appointment by the approved provider, in accordance with the Sanctions Principles, and in accordance with section 66A-2, of an adviser to assist the approved provider to comply with its responsibilities in relation to care and services;

                            (iv)  appointment by the approved provider, in accordance with the Sanctions Principles, and in accordance with section 66A-3 of an administrator to assist the approved provider to comply with its responsibilities in relation to governance and business operations;

                             (v)  transferring some or all of the * places allocated to the approved provider under Part 2.2 to another approved provider;

                            (vi)  such other matters as are specified in the Sanctions Principles; and

                     (b)  within that period, the approved provider agrees accordingly.

Note:          Approved providers have a responsibility under paragraph 63-1(1)(k) to comply with an agreement. Failure to comply with this responsibility can result in a further sanction being imposed under this Part.

             (2)  The reference in subparagraph (1)(a)(iii) to appointment of an adviser does not include appointment of the Commonwealth, or a Commonwealth officer or employee, as an adviser.

             (3)  The reference in subparagraph (1)(a)(iv) to appointment of an administrator does not include appointment of the Commonwealth, or a Commonwealth officer or employee, as an administrator.



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