Commonwealth Consolidated Acts

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

Revocation of actual approval

  (1)   If an approved provider was approved under section   63D, the Commissioner must revoke the approval of the provider if the Commissioner is satisfied that:

  (a)   in a case in which the provider was, or was taken to be, a corporation at the time of the approval--the provider has ceased to be a corporation; or

  (b)   the provider has ceased to be suitable to provide aged care; or

  (c)   the provider's application for approval contained information that was false or misleading in a material particular.

Note:   The approved provider may request the Commissioner to reconsider the decision under Part   8B.

Revocation of deemed approval

  (2)   If a person or body is taken, under section   63F, to be an approved provider, the Commissioner must revoke the approval of the person or body if the Commissioner is satisfied that the person or body is not suitable to provide aged care.

Note:   The person or body may request the Commissioner to reconsider the decision under Part   8B.

Suitability to provide aged care

  (3)   In deciding whether a person or body (the entity ) has ceased to be, or is not, suitable to provide aged care, the Commissioner must consider the following matters:

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

  (b)   the entity's demonstrated understanding of the entity's responsibilities as a provider of the type of aged care to which the entity's approval relates;

  (c)   the systems that the entity has in place to meet the entity's responsibilities as a provider of the type of aged care to which the entity's approval relates;

  (d)   the entity's record of financial management and the methods that the entity uses in order to ensure sound financial management;

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

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

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

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

  (eb)   whether a civil penalty order against the entity 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 entity.

  (5)   The rules may specify the matters to which the Commissioner must have regard in considering any of the matters referred to in subsection   (3).

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