Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 67.1

Procedure for imposing sanctions

             (1)  The Secretary must not impose sanctions on an approved provider for not complying with one or more of its responsibilities under Part 4.1, 4.2 or 4.3 unless the Secretary has completed each of the following steps:

                     (a)  giving to the approved provider a notice of non-compliance (see section 67-2);

                     (b)  giving to the approved provider:

                              (i)  a notice of intention to impose sanctions (see section 67-3); or

                             (ii)  a notice to remedy the non-compliance (see section 67-4); or

                            (iii)  a notice of intention to impose sanctions in respect of a specified part of the non-compliance (see section 67-3) and a notice to remedy the remainder of the non-compliance (see section 67-4);

                     (c)  giving to the approved provider notice of the Secretary's decision on whether to impose sanctions (see section 67-5).

             (2)  However, paragraphs (1)(a) and (b) do not apply if the Secretary is satisfied that, because of the approved provider's non-compliance, there is an immediate and severe risk to the safety, health or well-being of care recipients to whom the approved provider is providing care.



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