Commonwealth Consolidated Acts Commonwealth Consolidated ActsDetermination relating to suitability of key personnel
(1) If an approved provider is a * corporation, the * Quality and Safety Commissioner may, at any time, determine that an individual who is one of the * key personnel of the provider is not suitable to be involved in the provision of * aged care.
(2) In deciding whether to make the determination under subsection (1), the * Quality and Safety Commissioner must consider the * suitability matters in relation to the individual.
(3) Subsection (2) does not limit the matters the * Quality and Safety Commissioner may consider in deciding whether to make the determination under subsection (1) in relation the individual.
Notice of intention to make determination
(4) Before the * Quality and Safety Commissioner makes the determination in relation to an individual who is one of the * key personnel of the approved provider, the Commissioner must, by written notice, notify the individual and the provider that the Commissioner is considering making such a determination.
(5) The notice must:
(a) set out the reasons why the * Quality and Safety Commissioner is considering making the determination in relation to an individual who is one of the * key personnel of the approved provider; and
(b) invite the individual and the provider to make submissions, in writing, to the Commissioner in relation to the matter within:
(i) 14 days after receiving the notice; or
(ii) if a shorter period is specified in the notice--that shorter period; and
(c) inform the individual and the provider that the Commissioner may, after considering any submissions made by them, decide to make the determination.
(6) The * Quality and Safety Commissioner must consider any submissions made by the individual and the approved provider in accordance with the notice.
Notice of determination
(7) If the * Quality and Safety Commissioner decides to make the determination in relation to an individual who is one of the * key personnel of the approved provider, the Commissioner must, within 14 days after making the decision, give the individual and the provider a written notice that:
(a) sets out the decision; and
(b) sets out the reasons for the decision; and
(c) states that the provider must, within a specified period, take specified action to ensure that the individual ceases to be one of the key personnel of the provider; and
(d) sets out the effect of sections 10A - 2A and 10A - 3.
Note: The approved provider may request the * Quality and Safety Commissioner to reconsider the decision under Part 8B of the * Quality and Safety Commission Act.