Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 9.1

             (1)  An approved provider must notify the Secretary of any of the following changes within 28 days after the change occurs:

                     (a)  a change of circumstances that materially affects the approved provider's suitability to be a provider of * aged care (see section 8‑3);

                     (b)  a change of any of the approved provider's * key personnel.

Note:          Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 4.4.

             (2)  The notification must be in the form approved by the Secretary.

             (3)  Despite paragraph (1)(b), an approved provider is not obliged to notify the Secretary of a change to the approved provider's * key personnel if:

                     (a)  the approved provider is a State or Territory; and

                     (b)  the change relates to:

                              (i)  a member of a group of persons who is responsible for the executive decisions of the approved provider; or

                             (ii)  any other person who has authority or responsibility for (or significant influence over) planning, directing or controlling the activities of the approved provider.

          (3A)  For the purposes of this section, if:

                     (a)  there is a change of any of an approved provider's * key personnel; and

                     (b)  the change is wholly or partly attributable to the fact that a particular person is, or is about to become, a * disqualified individual;

the approved provider is taken not to notify the change unless the provider's notification includes the reason why the person is, or is about to become, a disqualified individual.

          (3B)  If:

                     (a)  a person has been approved under section 8‑1 as a provider of * aged care; and

                     (b)  the approval has not yet begun to be in force because:

                              (i)  no allocation of a * place to the person in respect of the * aged care service or services through which it provides aged care is in effect; and

                             (ii)  no * provisional allocation of a place to the person in respect of the aged care service or services through which it provides, or proposes to provide, aged care is in force; and

                            (iii)  the transfer day has not occurred for any transfer under Division 16 of a place to the person for the provision of aged care through the aged care service or services through which it provides, or proposes to provide, aged care;

this section has effect in respect of the person in the same way as it has effect in respect of an approved provider.

             (4)  An approved provider that is a * corporation is guilty of an offence if the approved provider fails to notify the Secretary of such a change within the 28 day period.

Penalty:  30 penalty units.

             (5)  Strict liability applies to subsection (4).

Note 1:       Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:       For strict liability , see section 6.1 of the Criminal Code .