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AGED CARE ACT 1997 - SECT 9.1

Obligation to notify certain changes

             (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 .

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