Commonwealth Consolidated Acts

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

  (1)   This section applies if the Commissioner is satisfied that:

  (a)   an approved provider has not complied, or is not complying, with one or more of the aged care responsibilities of the provider (other than the responsibility referred to in paragraph   63 - 1(1)(k) or (l) of the Aged Care Act); and

  (b)   there is no immediate and severe risk to the safety, health and well - being of care recipients to whom the provider is providing care as a result of the non - compliance.

  (2)   Before the Commissioner decides to impose, under section   63N, one or more sanctions on the approved provider in relation to the non - compliance, the Commissioner must, by written notice, notify the provider that the Commissioner is considering imposing those sanctions on the provider in relation to the non - compliance.

  (3)   The notice must:

  (a)   set out details of the approved provider's non - compliance; and

  (b)   set out the reasons why the Commissioner is considering imposing, under section   63N, one or more sanctions on the provider in relation to the non - compliance; and

  (c)   set out the kinds of sanctions that the Commissioner is considering imposing on the provider and the effect those sanctions, if imposed, would have on the provider; and

  (d)   set out broadly what action the Commissioner requires the provider to take to remedy the non - compliance; and

  (e)   invite the provider to make submissions, in writing, to the Commissioner in relation to the matter within:

  (i)   14 days after receiving the notice; or

  (ii)   if a shorter period is specified in the notice--that shorter period; and

  (f)   inform the provider that the Commissioner may, after considering any submissions made by the provider:

  (i)   give the provider a notice under section   63T in relation to the non - compliance; or

  (ii)   decide to impose, under section   63N, one or more sanctions on the provider in relation to the non - compliance.

  (4)   The Commissioner must consider any submissions made by the approved provider in accordance with the notice.