Commonwealth Consolidated Acts

AGED CARE QUALITY AND SAFETY COMMISSION ACT 2018 - SECT 63D

  (1)   If a person makes an application under subsection   63B(1), the Commissioner must decide whether to approve the person as a provider of aged care within:

  (a)   if a request for further information in relation to the application has been made under subsection   63C(1)--90 days after receiving the further information; or

  (b)   otherwise--within 90 days after receiving the application.

Note:   See Part   8B for the reconsideration of a decision not to approve a person as a provider of aged care.

Approval as provider of aged care

  (2)   The Commissioner must not approve the person as a provider of aged care unless the Commissioner is satisfied that:

  (a)   the person is a corporation; and

  (b)   the person is suitable to provide aged care; and

  (c)   each individual who is one of the key personnel of the person is suitable to be involved in the provision of aged care.

Suitability to provide aged care

  (3)   In deciding whether the person is suitable to provide aged care, the Commissioner must consider the following matters:

  (a)   the person's experience in providing, at any time, aged care or other relevant forms of care;

  (b)   the person's demonstrated understanding of the person's responsibilities as a provider of the type of aged care for which approval is sought;

  (c)   the systems that the person has, or proposes to have, in place to meet the person's responsibilities as a provider of the type of aged care for which approval is sought;

  (d)   the person's record of financial management and the methods that the person uses, or proposes to use, in order to ensure sound financial management;

  (e)   if, at any time, the person has been a provider of aged care or other relevant forms of care--the person's conduct as such a provider and the person's compliance with:

  (i)   the person's responsibilities as a provider of that care; and

  (ii)   the person's obligations arising from the receipt of any payments from the Commonwealth for providing that care;

  (ea)   whether the person has at any time been convicted of an indictable offence;

  (eb)   whether a civil penalty order against the person has been made at any time;

  (f)   any other matters specified in the rules.

  (4)   In considering a matter referred to in paragraph   (3)(a), (b), (d), (e) or (f), the Commissioner may also consider the matter in relation to any or all of the key personnel of the person.

  (5)   The rules may specify the matters to which the Commissioner must have regard in considering any of the matters set out in paragraphs   (3)(a) to (f).

  (6)   Subsection   (3) does not limit the matters the Commissioner may consider in deciding whether the person is suitable to provide aged care.

Suitability of key personnel

  (7)   In deciding whether an individual who is one of the key personnel of the applicant is suitable to be involved in the provision of aged care, the Commissioner must consider the suitability matters in relation to the individual.

  (8)   Subsection   (7) does not limit the matters the Commissioner may consider in deciding the matter mentioned in that subsection.