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AGED CARE QUALITY AND SAFETY COMMISSION ACT 2018 - SECT 8B

Meaning of key personnel of a person or body

  (1)   Each of the following is one of the key personnel of a person or body (the entity ) at a particular time:

  (a)   if the entity is not a State or Territory--a member of the group of persons who is responsible for the executive decisions of the entity at that time;

  (b)   if the entity is not a State or Territory--any other person who has authority or responsibility for, or significant influence over, planning, directing or controlling the activities of the entity at that time;

  (c)   if, at that time, the entity conducts an aged care service:

  (i)   any person who is responsible for the nursing services provided by the service and who holds a recognised qualification in nursing; and

  (ii)   any person who is responsible for the day - to - day operations of the service;

    whether or not the person is employed by the entity;

  (d)   if, at that time, the entity proposes to conduct an aged care service:

  (i)   any person who is likely to be responsible for the nursing services to be provided by the service and who holds a recognised qualification in nursing; and

  (ii)   any person who is likely to be responsible for the day - to - day operations of the service;

    whether or not the person is employed by the entity.

  (2)   Without limiting paragraph   (1)(a), a reference in that paragraph to a member of the group of persons who is responsible for the executive decisions of an entity includes:

  (a)   if the entity is a body corporate that is incorporated, or taken to be incorporated, under the Corporations Act 2001 --a director of the body corporate for the purposes of that Act; and

  (b)   in any other case--a member of the entity's governing body.



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