Commonwealth Consolidated Acts

AGED CARE QUALITY AND SAFETY COMMISSION ACT 2018 - SECT 74EE

Incident management provisions

  (1)   The Commissioner may give to an approved provider a written notice if the Commissioner:

  (a)   is satisfied that an approved provider is not complying with the provider's responsibilities under paragraph   54 - 1(1)(e) of the Aged Care Act (the incident management provisions ); or

  (b)   is aware of information that suggests that an approved provider may not be complying with the incident management provisions.

Use of restrictive practices

  (1A)   The Commissioner may give to an approved provider a written notice if the Commissioner:

  (a)   is satisfied that an approved provider is not complying with the provider's responsibility under paragraph   54 - 1(1)(f) of the Aged Care Act; or

  (b)   is aware of information that suggests that an approved provider may not be complying with that responsibility.

Code of Conduct

  (1AA)   The Commissioner may give to an approved provider a written notice if the Commissioner:

  (a)   is satisfied that the approved provider is not complying with the provider's responsibility under paragraph   54 - 1(1)(g) or (ga) of the Aged Care Act; or

  (b)   is aware of information that suggests that the approved provider may not be complying with that responsibility.

Information relating to reporting period

  (1B)   The Commissioner may give to an approved provider a written notice if the Commissioner:

  (a)   is satisfied that the approved provider is not complying with the provider's responsibility under section   63 - 1G of the Aged Care Act; or

  (b)   is aware of information that suggests that the approved provider may not be complying with that responsibility.

Compliance notice

  (2)   The compliance notice must:

  (a)   set out the name of the provider to which the notice is given; and

  (b)   set out brief details of the non - compliance or possible non - compliance; and

  (c)   specify action that the provider must take, or refrain from taking, in order to address the non - compliance or possible non - compliance; and

  (d)   specify a reasonable period within which the provider must take, or refrain from taking, the specified action; and

  (e)   if the Commissioner considers it appropriate--specify a reasonable period within which the provider must provide the Commissioner with evidence that the provider has taken, or refrained from taking, the specified action; and

  (f)   state that a failure to comply with the notice is subject to a civil penalty; and

  (g)   state that compliance with the notice will be considered in deciding whether to impose sanctions on the provider under Part   7B in relation to the non - compliance; and

  (h)   set out any other matters specified in the rules for the purposes of this paragraph.

  (3)   An approved provider contravenes this subsection if the provider fails to comply with a compliance notice.

Civil penalty:   60 penalty units.

  (4)   The Commissioner may, by written notice given to an approved provider, vary or revoke a compliance notice given to the provider if the Commissioner considers that it is appropriate in all the circumstances to do so.

  (5)   In deciding whether to vary or revoke the compliance notice, the Commissioner must consider any submissions that are received from the provider before the end of the period mentioned in paragraph   (2)(d).