Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 67A.4

Deferral to a later time

             (1)  If:

                     (a)  the Secretary decides that the sanction should take effect at a time that is later than the * section 67-5 notice time; and

                     (b)  that decision is set out in the section 67-5 notice;

the sanction takes effect at that later time.

             (2)  In making a decision under subsection (1), the Secretary must have regard to the following:

                     (a)  the desirability of allowing sufficient time for the taking of reasonable steps to inform:

                              (i)  each care recipient who is likely to be affected by the imposition of the sanction; and

                             (ii)  an individual who, in the opinion of the Secretary, is concerned for the safety, health and well-being of such a care recipient;

                            about:

                            (iii)  the imposition of the sanction; and

                            (iv)  the consequences under this Act and the Aged Care (Transitional Provisions) Act 1997 of the imposition of the sanction;

                     (b)  any risk to the safety, health or well-being of care recipients to whom the approved provider is providing care;

                     (c)  any other matters specified in the Sanctions Principles.

             (3)  If:

                     (a)  the sanction consists of revoking the approved provider's approval under Part 2.1 as a provider of * aged care services; and

                     (b)  the sanction is the only sanction imposed on the approved provider in relation to non-compliance with one or more of its responsibilities under Part 4.1, 4.2 or 4.3; and

                     (c)  paragraph 66-2(1)(a) does not apply to the sanction;

then, in making a decision under subsection (1), the Secretary must ensure that the sanction takes effect within 14 days after the * section 67-5 notice time.



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