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AGED CARE ACT 1997 - SECT 93.1

Secretary's power to obtain information and documents

             (1)  The Secretary may, by written notice, require any person whom the Secretary believes on reasonable grounds to be capable of giving information relevant to any of the matters set out in subsection (2), to attend before an * authorised officer specified in the notice, at a time and place specified in the notice:

                     (a)  to answer any questions put by the officer; and

                     (b)  to produce to the officer such documents, or copies of documents, as are referred to in the notice.

Note:          Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to notice given under this section.

             (2)  The Secretary may act as provided for under subsection (1) in relation to any of the following matters:

                     (a)  assessing whether a person who is or has been an approved provider is complying with its responsibilities under Chapter 4;

                     (b)  assessing whether an approved provider's claims for payments under Chapter 3 of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997 or other payments under this Act or the Aged Care (Transitional Provisions) Act 1997 have been properly made;

                     (c)  assessing whether appraisals or reappraisals made under Part 2.4 have been properly made;

                     (d)  assessing whether conditions of a grant under Chapter 5 have been complied with;

                     (e)  assessing whether records have been kept as required under Part 6.3;

                      (f)  assessing any application made under this Act or the Aged Care (Transitional Provisions) Act 1997 .

             (3)  A person may refuse to comply with a requirement under subsection (1) that does not relate to:

                     (a)  the affairs of a * corporation that is or has been an approved provider; or

                     (b)  the payment of * subsidy.

Note:          Approved providers have a responsibility under paragraph 63-1(1)(b) to co-operate with a person exercising powers under this Part and to comply with this Part in relation to the person's exercise of those powers. An approved provider who does not comply with a requirement under subsection (1) may not be complying with that responsibility. Failure to comply with a responsibility can result in a sanction being imposed under Part 4.4.

             (4)  A person commits an offence if:

                     (a)  the person refuses or fails to comply with a requirement under subsection (1); and

                     (b)  the requirement relates to:

                              (i)  the affairs of a * corporation that is or has been an approved provider; or

                             (ii)  the payment of * subsidy.

Penalty:  30 penalty units.

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

             (5)  The powers of an * authorised officer under this section are to be exercised subject to the requirements of Australian Privacy Principles 3 and 5.

             (6)  A person is entitled to be paid by the Commonwealth reasonable compensation for complying with a request covered by paragraph (1)(b).



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