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AGED CARE ACT 1997 - SECT 9.2

Obligation to give information relevant to an approved provider's status etc. when requested

  (1)   The * Quality and Safety Commissioner may, at any time, request an approved provider to give the Commissioner such information, relevant to the approved provider's suitability to be a provider of * aged care, as is specified in the request. The request must be in writing.

  (1A)   The * Quality and Safety Commissioner may, at any time, request an approved provider to give the Commissioner such information, relevant to the suitability of an individual who is one of the * key personnel of the provider to be involved in the provision of * aged care, as is specified in the request. The request must be in writing.

  (2)   The approved provider must comply with a request made under subsection   (1) or (1A) within 28 days after the request was made, or within such shorter period as is specified in the notice.

Note:   Approved providers have a responsibility under Part   4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part   7B of the * Quality and Safety Commission Act.

  (3)   An approved provider that is a * corporation commits an offence if it fails to comply with a request made under subsection   (1) or (1A) within the period referred to in subsection   (2).

Penalty:   30 penalty units.

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

  (3A)   Strict liability applies to subsection   (3).

  (4)   A request made under subsection   (1) or (1A) must contain a statement setting out the effect of subsections   (2) and (3).



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