Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) the Commissioner decides to impose, under section 63N, a sanction on an approved provider in relation to the provider's non - compliance with one or more aged care responsibilities of the provider; and
(b) the sanction is to revoke or suspend a particular number of places (the affected places ) allocated to the provider under Part 2.2 of the Aged Care Act; and
(c) immediately before the date (the sanction notice date ) of the notice given to the provider under subsection 63N(5) in relation to the sanction, the affected places are not all vacant places of the provider.
(2) If the sanction relates to an affected place that is a vacant place of the approved provider, the Commissioner must specify, for the purposes of paragraph 63N(5)(f), the sanction notice date as the day on which the sanction comes into effect for the vacant place.
(3) If the sanction relates to an affected place that is an occupied place of the approved provider, the Commissioner must specify, for the purposes of paragraph 63N(5)(f), the first day after the day on which the provider ceases to provide aged care to a care recipient in respect of the occupied place as the day on which the sanction comes into effect for the occupied place.
(4) A vacant place of the approved provider is a place allocated to the provider under Part 2.2 of the Aged Care Act in respect of which the provider is not providing aged care to a care recipient immediately before the sanction notice date.
(5) An occupied place of the approved provider is a place allocated to the provider under Part 2.2 of the Aged Care Act in respect of which the provider is providing aged care to a care recipient immediately before the sanction notice date.
Note: A care recipient who is on leave under section 42 - 2 of the Aged Care Act from a residential care service is taken to be provided with residential care by the approved provider of the service (see subsection 42 - 2(1) of that Act).