Aged Care (Living Longer Living Better)Act 2013 (76 of 2013)

Schedule 1   Amendments commencing on 1 August 2013

Part 1   Amendments

Aged Care Act 1997

50   After section 39-3

Insert:

39-3A Secretary may issue notice to rectify

(1) This section applies if:

(a) the Secretary has notified an approved provider under subsection 39-3(2) that the Secretary is considering revoking the *certification of the approved provider's residential care service because the service has ceased to be suitable for certification; and

(b) the approved provider has made submissions to the Secretary in accordance with the invitation under paragraph39-3(2)(b); and

(c) the Secretary is satisfied that the submissions:

(i) propose appropriate action to rectify the unsuitability of the service; or

(ii) set out sufficient reason for the unsuitability.

(2) The Secretary may give the approved provider a notice in accordance with subsection (3).

(3) The notice must be in writing and must:

(a) inform the approved provider that, within 14 days after the date of the notice, or within such shorter period as is specified in the notice, the approved provider must give a written undertaking to the Secretary to rectify the unsuitability of the service; and

(b) inform the approved provider that the *certification will be revoked at the time specified in the notice if the undertaking is not given or complied with.

(4) The undertaking must:

(a) be in a form approved by the Secretary; and

(b) contain a description and acknowledgement of the unsuitability of the service; and

(c) set out the action the approved provider proposes to take to rectify the unsuitability of the service; and

(d) set out the period within which such action will be taken; and

(e) contain an acknowledgement that a failure by the approved provider to comply with the undertaking will result in the *certification being revoked.

(5) If the approved provider fails to give the undertaking within the specified time or fails to comply with the undertaking, the Secretary must:

(a) revoke the *certification; and

(b) give the approved provider written notice of the revocation.

39-3B Secretary may request further information

(1) This section applies if, after receiving submissions in accordance with the invitation under paragraph39-3(2)(b), the Secretary is not satisfied as mentioned in paragraph39-3A(1)(c).

(2) The Secretary may, in writing, request further information from the approved provider in relation to the submissions.

(3) The request must be made within 28 days after the end of the period for making submissions in accordance with the invitation under paragraph39-3(2)(b).

(4) The further information must be provided within the time specified in the request.

(5) If, after receiving the further information, the Secretary is satisfied as mentioned in paragraph39-3A(1)(c), then:

(a) the Secretary must give a notice to the approved provider in accordance with subsection 39-3A(3); and

(b) subsections39-3A(4) and (5) have effect.

(6) If:

(a) the approved provider does not provide the further information within the specified time; or

(b) after receiving the further information, the Secretary is not satisfied as mentioned in paragraph39-3A(1)(c);

the Secretary must:

(c) revoke the *certification of the approved provider's residential care service; and

(d) give the approved provider written notice of the revocation.

(7) The notice must be given within 28 days after the end of the period for providing the further information.