Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 8.3A

Meaning of key personnel

             (1)  For the purposes of this Act, each of the following is one of the key personnel of an entity at a particular time:

                     (a)  a member of the group of persons who is responsible for the executive decisions of the entity at that time;

                     (b)  any other person who has authority or responsibility for (or significant influence over) planning, directing or controlling the activities of the entity at that time;

                     (c)  if, at that time, the entity conducts an * aged care service:

                              (i)  any person who is responsible for the nursing services provided by the service; and

                             (ii)  any person who is responsible for the day-to-day operations of the service;

                            whether or not the person is employed by the entity;

                     (d)  if, at that time, the entity proposes to conduct an aged care service:

                              (i)  any person who is likely to be responsible for the nursing services to be provided by the service; and

                             (ii)  any person who is likely to be responsible for the day-to-day operations of the service;

                            whether or not the person is employed by the entity.

             (2)  Without limiting paragraph (1)(a), a reference in that paragraph to a person who is responsible for the executive decisions of an entity includes:

                     (a)  where the entity is a body corporate that is incorporated, or taken to be incorporated, under the Corporations Act 2001 --a director of the body corporate for the purposes of that Act; and

                     (b)  in any other case--a member of the entity's governing body.

             (3)  A person referred to in subparagraph (1)(c)(i) or (1)(d)(i) must hold a recognised qualification in nursing.



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