Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 67.2

Notice of non-compliance

             (1)  If the Secretary is satisfied that an approved provider has not complied, or is not complying, with one or more of its responsibilities under Part 4.1, 4.2 or 4.3, the Secretary may give to the approved provider a notice of non-compliance.

             (2)  The notice must be in writing and must:

                     (a)  set out details of the non-compliance by the approved provider; and

                     (b)  set out broadly what action the Secretary requires the approved provider to take to remedy the non-compliance; and

                     (c)  set out what sanctions under this Part can be imposed on the approved provider; and

                     (d)  invite the approved provider to make submissions, in writing, to the Secretary addressing the matter within 14 days after receiving the notice, or within such shorter period as is specified in the notice; and

                     (e)  inform the approved provider that the Secretary may, after considering the submissions (if any), give to the approved provider:

                              (i)  a notice of intention to impose sanctions; or

                             (ii)  a notice to remedy the non-compliance; or

                            (iii)  a notice of intention to impose sanctions in respect of a specified part of the non-compliance and a notice to remedy the remainder of the non-compliance.

             (3)  The Secretary must consider any submissions made by the approved provider.

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