Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 67.4

Notice to remedy non-compliance

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

                     (a)  the approved provider has made submissions addressing the non-compliance in response to a notice under section 67-2; and

                     (b)  the Secretary thinks the submissions:

                              (i)  propose appropriate action to remedy the non-compliance; or

                             (ii)  set out sufficient reason for the non-compliance; or

                            (iii)  are otherwise satisfactory.

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

                     (a)  inform the approved provider that, within 14 days after receiving the notice, or within such shorter period as is specified in the notice, the approved provider must give a written undertaking to the Secretary to remedy the non-compliance; and

                     (b)  inform the approved provider that the Secretary may impose sanctions on the approved provider if the approved provider does not give, or comply with, the undertaking.

             (3)  The undertaking must:

                     (a)  be in a form approved by the Secretary; and

                     (b)  contain a description and acknowledgment of the approved provider's non-compliance with its responsibilities under Part 4.1, 4.2 or 4.3; and

                     (c)  set out what action the approved provider proposes to take to remedy the non-compliance; and

                     (d)  set out the period within which such action is required to be taken; and

                     (e)  contain an acknowledgment that a failure by the approved provider to comply with the undertaking may lead to sanctions being imposed under this Part; and

                      (f)  meet any requirements specified in the Sanctions Principles.

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



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