Commonwealth Consolidated Acts

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

  (1)   This section applies if:

  (a)   an approved provider is given a non - compliance notice in relation to the provider's non - compliance with one or more aged care responsibilities of the provider; and

  (b)   the provider makes submissions to the Commissioner as required by the notice; and

  (c)   the Commissioner considers that the submissions:

  (i)   propose appropriate action to remedy the non - compliance; or

  (ii)   set out an acceptable reason for the non - compliance; or

  (iii)   are otherwise satisfactory.

  (2)   The Commissioner may, by written notice:

  (a)   require the approved provider to give the Commissioner an undertaking in relation to the non - compliance that complies with subsection   (3) within:

  (i)   14 days after receiving the notice; or

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

  (b)   inform the provider that the Commissioner may decide to impose, under section   63N, one or more sanctions on the provider in relation to the non - compliance if:

  (i)   the provider does not give the required undertaking; or

  (ii)   the provider does not comply with any such undertaking given by the provider.

  (3)   An undertaking given by an approved provider in relation to the provider's non - compliance with one or more aged care responsibilities of the provider must:

  (a)   be given in writing; and

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

  (c)   describe and acknowledge the non - compliance; and

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

  (e)   set out the period within which such action is to be taken; and

  (f)   include a statement acknowledging that the Commissioner may decide to impose, under section   63N, one or more sanctions on the provider if the provider does not comply with the undertaking; and

  (g)   meet any other requirements specified in the rules.

Note:   Approved providers have a responsibility under paragraph   63 - 1(1)(k) of the Aged Care Act to comply with the undertaking. Failure to comply with that responsibility may result in a sanction being imposed under section   63N of this Act.