(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.