Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 9.1

Obligation to notify of a change of circumstances that materially affects the suitability of an approved provider

  (1)   An approved provider must notify the * Quality and Safety Commissioner of a change of circumstances that materially affects the approved provider's suitability to be a provider of * aged care. The notification must occur within 14 days after the change occurs.

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

  (2)   The notification must be in the form approved by the * Quality and Safety Commissioner.

  (3B)   The Approved Provider Principles may specify changes of circumstances that are taken, for the purposes of subsection   (1), to materially affect an approved provider's suitability to be a provider of * aged care.

  (4)   An approved provider that is a * corporation commits an offence if the approved provider fails to notify the * Quality and Safety Commissioner of such a change within the 14 day period.

Penalty:   30 penalty units.

  (5)   Strict liability applies to subsection   (4).

Note 1:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:   For strict liability , see section   6.1 of the Criminal Code .


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