Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 88.1

  (1)   An approved provider must:

  (a)   keep records that enable:

  (i)   claims for payments of * subsidy to be properly verified; and

  (ii)   proper assessments to be made of whether the approved provider has complied, or is complying, with its responsibilities under Chapter   4; and

  (b)   in relation to each of those records, retain the record for the period ending 3 years after the 30   June of the year in which the record was made.

Note:   Approved providers have a responsibility under Part   4.3 to comply with this subsection. Failure to comply with a responsibility can result in a sanction being imposed under Part   7B of the * Quality and Safety Commission Act.

  (2)   An approved provider who ceases permanently to provide care to a care recipient must retain, for the period ending 3 years after the 30   June of the year in which provision of the care ceased, such records relating to the care recipient as are specified in the Records Principles.

Note:   Approved providers have a responsibility under Part   4.3 to comply with this subsection. Failure to comply with a responsibility can result in a sanction being imposed under Part   7B of the * Quality and Safety Commission Act.

  (3)   A record may be kept and retained in written or electronic form.

  (4)   An approved provider that:

  (a)   is a * corporation; and

  (b)   fails to comply with subsection   (1) or (2);

commits an offence punishable, on conviction, by a fine not exceeding 30 penalty units.

  (5)   If:

  (a)   an approved provider fails to comply with subsection   (1) or (2); and

  (b)   the failure arises in respect of records relating to * subsidy paid to the approved provider;

the approved provider commits an offence punishable, on conviction, by a fine not exceeding 30 penalty units.

Note:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.