(1) An approved provider must notify the Secretary of a change of circumstances that materially affects the approved provider's suitability to be a provider of * aged care (see section 8-3). The notification must occur within 28 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 4.4.
(2) The notification must be in the form approved by the Secretary.
(3A) For the purposes of this section, if:
(a) a change of circumstances that materially affects the approved provider's suitability to be a provider of * aged care involves a change in any of the approved provider's * key personnel; and
(b) the change is wholly or partly attributable to the fact that a particular person is, or is about to become, a * disqualified individual;
the approved provider is taken not to notify the change unless the provider's notification includes the reason why the person is, or is about to become, a disqualified individual.
(4) An approved provider that is a * corporation commits an offence if the approved provider fails to notify the Secretary of such a change within the 28 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 .
Providers registered under the Australian Charities and Not-for-profits Commission Act 2012