Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 25.4

  (1)   The Secretary may suspend an approved provider from making appraisals under section   25 - 3 and reappraisals under section   27 - 4 at one or more * aged care services operated by the approved provider if:

  (a)   the Secretary is satisfied that the approved provider, or a person acting on the approved provider's behalf, has not conducted an appraisal or reappraisal in a proper manner; or

  (b)   both of the following apply:

  (i)   the Secretary is satisfied that the approved provider, or a person acting on the approved provider's behalf, gave false, misleading or inaccurate information in an appraisal or reappraisal connected with a classification reviewed under subsection   29 - 1(3);

  (ii)   the classification was changed under section   29 - 1.

Note 1:   Suspensions of approved providers from making assessments are reviewable under Part   6.1.

Note 2:   See also section   27 - 3 (reappraisal required by Secretary) and Division   29A (civil penalty for incorrect classifications).

  (3)   Before deciding to suspend an approved provider from making appraisals and reappraisals, the Secretary must notify the approved provider that suspension is being considered. The notice must be in writing and must:

  (a)   specify the period proposed for the suspension; and

  (b)   invite the approved provider to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and

  (c)   inform the approved provider that if no submissions are made within that period, any suspension will take effect on the day after the last day for making submissions.

  (4)   In making the decision whether to suspend the approved provider, the Secretary must consider any submissions given to the Secretary within that period.

  (5)   The Secretary must notify the approved provider, in writing, of the decision:

  (a)   not to suspend the approved provider from making appraisals and reappraisals; or

  (b)   to suspend the approved provider from making appraisals and reappraisals for the period specified in the notice.

  (6)   The notice must be given to the approved provider within 28 days after the end of the period for making submissions. If the notice is not given within this period, the Secretary is taken to have decided not to suspend the approved provider.

  (6A)   The Secretary may specify in the notice that the suspension will not take effect if, within the period specified in the notice, the approved provider enters into an agreement with the Secretary (see section   25 - 4A).

  (6B)   If the Secretary does so:

  (a)   the suspension does not take effect if the approved provider enters into the agreement within the period specified in the notice (unless the Secretary later decides under subsection   25 - 4B(1) that it is to take effect); and

  (b)   the suspension takes effect on the day after the last day of the period specified in the notice, if the approved provider does not enter into the agreement within that period.

  (7)   If the Secretary does not do so, the suspension takes effect:

  (a)   if no submission was made under subsection   (3)--on the day after the last day for making submissions; or

  (b)   if such a submission was made--7 days after the day on which the notice under subsection   (5) was given.