(1) An approved provider must:
(a) keep records that enable:
(i) claims for payments of * subsidy to be properly verified; and
(ii) proper assessments to be made of whether the approved provider has complied, or is complying, with its responsibilities under Chapter 4; and
(b) in relation to each of those records, retain the record for the period ending 3 years after the 30 June of the year in which the record was made.
Note: Approved providers have a responsibility under Part 4.3 to comply with this subsection. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the * Quality and Safety Commission Act.
(2) An approved provider who ceases permanently to provide care to a care recipient must retain, for the period ending 3 years after the 30 June of the year in which provision of the care ceased, such records relating to the care recipient as are specified in the Records Principles.
Note: Approved providers have a responsibility under Part 4.3 to comply with this subsection. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the * Quality and Safety Commission Act.
(3) A record may be kept and retained in written or electronic form.
(4) An approved provider that:
(a) is a * corporation; and
(b) fails to comply with subsection (1) or (2);
commits an offence punishable, on conviction, by a fine not exceeding 30 penalty units.
(5) If:
(a) an approved provider fails to comply with subsection (1) or (2); and
(b) the failure arises in respect of records relating to * subsidy paid to the approved provider;
the approved provider commits an offence punishable, on conviction, by a fine not exceeding 30 penalty units.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.