Commonwealth Consolidated Acts(1) For the purposes of this Act, each of the following is one of the key personnel of an entity at a particular time:
(a) a member of the group of persons who is responsible for the executive decisions of the entity at that time;
(b) 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
(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
(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 person who is responsible for the executive decisions of an entity includes:
(a) where 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.
(3) A person referred to in subparagraph (1)(c)(i) or (1)(d)(i) must hold a recognised qualification in nursing.
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