Document ID: chunk:federal_register_of_legislation:F2024C00933:reg:140
Version: federal_register_of_legislation:F2024C00933
Segment Type: reg
Provision Reference: reg 140
Character Range: 189162–190897

140  Pending applications for re‑accreditation of an accredited service or a previously accredited service
 (1) This section applies in relation to an application if:
 (a) the application was made by the approved provider of a residential service, under subsection 27(2); and
 (b) the application was made before the SQF commencement time; and
 (c) immediately before that time, the Commissioner had not made a decision on the application.
 (2) Subject to this section, the amendments of Subdivision D of Division 3 of Part 3 made by the amending instrument apply in relation to the application.

Site audits
 (3) If:
 (a) a site audit of the service began before the SQF commencement time; and
 (b) immediately before that time, the site audit had not been completed;
then:
 (c) despite the amendments of paragraphs 36(2)(a) and 40(2)(a) made by the amending instrument, those paragraphs, as in force immediately before the SQF commencement time, continue to have effect in relation to the site audit as if the amendments had not been made; and
 (d) for the purposes of:
 (i) taking into account whether the Commissioner is satisfied that the approved provider will undertake continuous improvement in relation to the service under subparagraph 41(2)(a)(v); or
 (ii) making a decision under paragraph 41(3)(b) in relation to the service;
  the Commissioner may take into account the extent of the approved provider's compliance, before the SQF commencement time, with the Accreditation Standards or the Flexible Care Standards (as applicable).
 (4) If a site audit of the service did not begin before the SQF commencement time, the amendments of that Subdivision made by the amending instrument, apply in relation to the site audit.