Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 63.1E

Application for determination

  (1)   An approved provider may apply to the * Quality and Safety Commissioner for a determination that either or both of the following responsibilities (the governance responsibilities ) do not apply in relation to the provider:

  (a)   the responsibility set out in paragraph   63 - 1D(2)(a);

  (b)   the responsibility set out in paragraph   63 - 1D(2)(b).

  (2)   The application must:

  (a)   be made in writing; and

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

  (c)   be accompanied by any document or information specified by the Commissioner; and

  (d)   be accompanied by any fee specified by the Commissioner.

Making of determination

  (3)   If an approved provider makes an application under subsection   (1), the * Quality and Safety Commissioner may determine that either or both of the governance responsibilities do not apply in relation to the provider if the Commissioner is satisfied that it is reasonable to do so.

  (4)   In deciding whether to make the determination in relation to the approved provider, the * Quality and Safety Commissioner may take into account the following matters:

  (a)   the number of * aged care services through which the provider provides * aged care;

  (b)   the number of care recipients who are provided with aged care through those services;

  (c)   the location of those services;

  (d)   the annual turnover in the provider's * key personnel;

  (e)   the membership of the * governing body of the provider;

  (f)   any arrangements that the provider has made, or proposes to make, to assist:

  (i)   the members of the governing body of the provider to act objectively and independently in the best interests of the provider; or

  (ii)   the governing body of the provider to seek, when it considers it necessary to do so, advice from a person with experience in the provision of clinical care;

  (g)   any other matter specified in the Accountability Principles.

Notice of determination etc.

  (5)   If the * Quality and Safety Commissioner decides to make the determination in relation to the approved provider, the Commissioner must give the provider written notice of the following:

  (a)   the making of the determination;

  (b)   the governance responsibility to which the determination relates;

  (c)   the period for which the determination is in force.

Note:   The determination may remain in force for a period specified by the * Quality and Safety Commissioner or until it is revoked under section   63 - 1F.

  (6)   If the * Quality and Safety Commissioner decides not to make the determination in relation to the approved provider, the Commissioner must give the provider written notice of the following:

  (a)   the decision;

  (b)   the reasons for the decision;

  (c)   how the provider may apply for reconsideration of the decision.

Note:   See Part   8B of the * Quality and Safety Commission Act for the reconsideration of a decision not to make the determination.