Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

AGED CARE ACT 1997 - SECT 88.1

Approved provider to keep and retain certain records

             (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 4.4.

             (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 4.4.

             (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.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback