Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 67.3

Notice of intention to impose sanctions

             (1)  The Secretary may give to the approved provider a notice of intention to impose sanctions in respect of non-compliance by the approved provider with its responsibilities under Part 4.1, 4.2 or 4.3 if the approved provider:

                     (a)  has not made any submissions addressing the matter in response to a notice under section 67-2; or

                     (b)  has made such submissions, but the Secretary thinks the submissions:

                              (i)  do not propose appropriate action to remedy the non-compliance; or

                             (ii)  fail to establish that the non-compliance did not occur, or is not occurring; or

                            (iii)  do not set out sufficient reason for the non-compliance; or

                            (iv)  are otherwise unsatisfactory.

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

                     (a)  set out the nature of the approved provider's non-compliance; and

                     (b)  set out the reasons for proposing to impose sanctions on the approved provider; and

                     (c)  set out the consequences under this Act of imposing the proposed sanctions on the approved provider; and

                     (d)  invite the approved provider to make submissions, in writing, to the Secretary 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), impose sanctions on the approved provider.

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

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