Commonwealth Consolidated Acts

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

Request for revocation

  (1)   An approved provider may request the Commissioner to revoke the approval of the provider.

  (2)   The request must:

  (a)   be made in writing; and

  (b)   be in a form approved by the Commissioner; and

  (c)   be accompanied by any documents or information specified by the Commissioner; and

  (d)   be accompanied by any fee specified by the Commissioner; and

  (e)   specify the day (the revocation day ) on which the revocation is to take effect; and

  (f)   be made at least 60 days, or such other number of days as specified in the rules, before the revocation day.

Revocation of approval

  (3)   If an approved provider makes a request under subsection   (1), the Commissioner must, within 28 days after the request is made, revoke the approval of the provider if the Commissioner is satisfied that:

  (a)   if the provider provides a residential care service or flexible care service--the allocation of places to the provider in respect of the service either:

  (i)   has ceased to have effect under paragraph   18 - 1(1)(a) or (b) of the Aged Care Act; or

  (ii)   will cease to have effect under that paragraph before the revocation day; and

  (b)   if the provider provides a home care service--appropriate arrangements have been made to ensure that the care recipients (if any) to whom the provider will no longer be approved to provide home care after the revocation day will continue to be provided with care after that day.

Notification of revocation decision

  (4)   If the Commissioner decides to revoke the approval of the approved provider under subsection   (3), the Commissioner must give the provider written notice of the decision and the revocation day.

  (5)   The notice under subsection   (4) must be given at least 14 days before the revocation day.

  (6)   If the Commissioner decides not to revoke the approval of the approved provider under subsection   (3), the Commissioner must, within 14 days after making the decision, give written notice of the following to the provider:

  (a)   the decision;

  (b)   the reasons for the decision;

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

  (7)   The Commissioner must, as soon as is practicable, give the Secretary a copy of a notice given under subsection   (4) or (6).