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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 (NO. 20, 2013) - SECT 72 Revocation of approval as a registered provider of supports

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 (NO. 20, 2013) - SECT 72

Revocation of approval as a registered provider of supports

             (1)  The CEO may revoke an instrument approving a person or entity as a registered provider of supports if the CEO is satisfied that:

                     (a)  the person or entity no longer meets the criteria prescribed by the National Disability Insurance Scheme rules for the purposes of paragraph 70(1)(d); or

                     (b)  the application by the person or entity for approval contained information that was false or misleading in a material particular; or

                     (c)  a circumstance exists that:

                              (i)  is a circumstance prescribed by National Disability Insurance Scheme rules for the purposes of this paragraph; and

                             (ii)  presents an unreasonable risk to one or more participants.

          (1A)  Without limiting the circumstances that may be prescribed by National Disability Insurance Scheme rules made for the purposes of paragraph (1)(c), such circumstances may relate to:

                     (a)  a contravention by a person or entity that is a registered provider of supports, or an employee or contractor of such a person or entity, of a law or other requirement; or

                     (b)  a complaint made, or action taken, in relation to such a person or entity, or an employee or contractor of such a person or entity; or

                     (c)  such a person or entity being an insolvent under administration.

             (2)  Before deciding to revoke the instrument, the CEO must notify the person or entity that revocation is being considered. The notice must be in writing and must:

                     (a)  include the CEO's reasons for considering the revocation; and

                     (b)  invite the person or entity to make submissions, in writing, to the CEO within 28 days after receiving the notice; and

                     (c)  inform the person or entity that if no submissions are made within that period, any revocation may take effect as early as 7 days after the end of the period referred to in paragraph (b).

             (3)  In deciding whether to revoke the instrument, the CEO must consider any submissions given to the CEO within the period referred to in paragraph (2)(b).

             (4)  The CEO must notify the person or entity, in writing, of the decision.

             (5)  The notice under subsection (4) must be given within 28 days after the end of the period for making submissions. If the notice is not given within this period, the CEO is taken to have decided not to revoke the instrument.