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AGED CARE ACT 1997 - SECT 9.3B

Obligation to give information about ability to refund balances

             (1)  This section applies if the Secretary believes, on reasonable grounds, that an approved provider:

                     (a)  has not refunded, or is unable or unlikely to be able to refund, a * refundable deposit balance or an * accommodation bond balance; or

                     (b)  is experiencing financial difficulties; or

                     (c)  has used a * refundable deposit or an * accommodation bond for a use that is not * permitted.

             (2)  The Secretary may request the approved provider to give the Secretary information specified in the request relating to any of the following:

                     (a)  the approved provider's suitability to be a provider of * aged care (see section 8-3);

                     (b)  the approved provider's financial situation;

                     (c)  the amount of one or more * refundable deposit balances or * accommodation bond balances at a particular time;

                     (d)  how * refundable deposits or * accommodation bonds have been used by the approved provider;

                     (e)  the approved provider's policies and procedures relating to managing, monitoring and controlling the use of refundable deposits and accommodation bonds;

                      (f)  the roles and responsibilities of * key personnel in relation to managing, monitoring and controlling the use of refundable deposits and accommodation bonds.

The request must be in writing.

             (3)  The Secretary may request the approved provider to give the specified information on a periodic basis.

             (4)  The approved provider must comply with the request:

                     (a)  within 28 days after the request was made, or within such shorter period as is specified in the request; or

                     (b)  if the information is to be given on a periodic basis--before the time or times worked out in accordance with the request.

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.

             (5)  An approved provider commits an offence if:

                     (a)  the Secretary requests the approved provider to give information under subsection (2); and

                     (b)  the approved provider is required under subsection (4) to comply with the request within a period or before a particular time; and

                     (c)  the approved provider fails to comply with the request within the period or before the time; and

                     (d)  the approved provider is a * corporation.

Penalty:  30 penalty units.

             (6)  The request must contain a statement setting out the effect of subsections (4) and (5).



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