Document ID: chunk:federal_register_of_legislation:F2024C00843:reg:15w
Version: federal_register_of_legislation:F2024C00843
Segment Type: reg
Provision Reference: reg 15W
Character Range: 108386–110813

15W  Revocation on other grounds

Grounds for revocation
 (1) The Secretary may revoke an approved provider's exemption from section 54‑1A of the Act in relation to a residential facility if:
 (a) the Secretary is satisfied the approved provider has breached a condition of the exemption; or
 (b) the Secretary is not satisfied that the clinical care needs of the care recipients in the facility:
 (i) are being met; or
 (ii) will be met during the period the exemption would otherwise be in force; or
 (c) the Quality and Safety Commissioner imposes sanctions on the approved provider under section 63N of the Quality and Safety Commission Act; or
 (d) the Secretary becomes aware there are more than 30 operational places in the residential facility.

Submissions by approved provider
 (2) Before the Secretary decides to revoke the exemption, the Secretary must give the approved provider notice in writing that the Secretary is considering revoking the exemption.
 (3) The notice must:
 (a) set out the reasons why the Secretary is considering revoking the exemption; and
 (b) invite the provider to make submissions, in writing, to the Secretary in relation to the matter within:
 (i) 14 days after receiving the notice; or
 (ii) if a shorter period is specified in the notice—that shorter period.
  (4) The Secretary must consider any submissions made by the approved provider in accordance with the notice.

Notice of decision to revoke
 (5) If the Secretary decides to revoke the exemption, the Secretary must give the approved provider notice in writing of the decision, including:
 (a) the date that the exemption ceases to have effect, which may be the date of the decision or a later date; and
 (b) a statement of the approved provider's right to review of the decision.
Note: Subsection (6) of this section provides that this is a reviewable decision. Section 85‑3 of the Act requires the notice of a reviewable decision to include reasons for the decision.

Reviewable decision—revocation of exemption
 (6) A decision under this section to revoke an approved provider's exemption from section 54‑1A of the Act in relation to a residential facility is a reviewable decision under section 85‑1 of the Act.
 (7) Part 6.1 of the Act applies to a reviewable decision mentioned in subsection (6) as if a reference in that Part to this Act included a reference to this instrument.

Part 5—Aged Care Quality Standards