Commonwealth Consolidated Acts

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

Decision to approve person as a provider of aged care

  (1)   If the Commissioner decides to approve the person as a provider of aged care under section   63D, the Commissioner must, within 14 days after making the decision, give written notice of the following to the person:

  (a)   the decision;

  (b)   the day the approval comes into effect;

  (c)   whether the approval is given in respect of all types of aged care or only in respect of a certain type or types of aged care;

  (d)   if the approval is in respect of residential care or flexible care--that the approval is in respect of each residential care service or flexible care service in respect of which:

  (i)   an allocation of a place to the person in respect of the service is in effect under Part   2.2 of the Aged Care Act (including a place transferred to the person under that Part); or

  (ii)   a provisional allocation of a place to the person in respect of the service is in force under that Part (including a place transferred to the person under that Part);

  (e)   if the approval is in respect of home care--that the approval is in respect of each home care service in relation to which the person notifies the Secretary of the information required by section   9 - 1A of the Aged Care Act;

  (f)   if the Commissioner is satisfied that there are one or more circumstances that materially affect the person's suitability to provide aged care--those circumstances and the steps the person must take to notify the Commissioner and obtain the Commissioner's agreement before there is any change to those circumstances.

  (2)   The notice must also set out the following matters:

  (a)   the obligations of approved providers under Division   9 of the Aged Care Act to notify of, or give, certain information;

  (b)   the circumstances in which the approval may be suspended or revoked under Division   4 of this Part, or Part   7B, of this Act;

  (c)   the circumstances in which the approval may be restricted under Part   7B of this Act and the effect of section   7 - 2 of the Aged Care Act.

Note:   Under Part   7B of this Act, the Commissioner may restrict a person's approval as a provider of aged care to certain aged care services or to certain care recipients.

Decision not to approve person as provider of aged care

  (3)   If the Commissioner decides not to approve the person as a provider of aged care under section   63D, the Commissioner must, within 14 days after making the decision, give written notice of the following to the person:

  (a)   the decision;

  (b)   the reasons for the decision;

  (c)   how the person may apply for the reconsideration of the decision.

Secretary must be given copy of notice

  (4)   The Commissioner must, as soon as is practicable, give the Secretary a copy of a notice given under subsection   (1) or (3).