Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p2
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 2/54)
Character Range: 42832–45621

the provider to certain care recipients;
then, while the sanction is in effect, subsidy may only be paid to the provider in respect of care provided to those care recipients.
Note: Both subsections (1) and (2) may apply at the same time in relation to an approved provider.

Division 9—What obligations arise from being an approved provider?

9‑1A  Obligation to notify Secretary about home care services
 (1) An approved provider must notify the Secretary of the following information in relation to each home care service through which the approved provider proposes to provide home care:
 (a) the name and address of the service;
 (b) any other information of a kind specified in the Approved Provider Principles for the purposes of this section.
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 7B of the *Quality and Safety Commission Act.
 (2) The notification must be made before the approved provider first provides home care through the home care service.
 (3) The notification must be in the form approved by the Secretary.
 (4) If there is a change in any of the information notified under subsection (1), the approved provider must, within 28 days of the change, notify the Secretary of the change.

9‑1  Obligation to notify of a change of circumstances that materially affects the suitability of an approved provider
 (1) An approved provider must notify the *Quality and Safety Commissioner of a change of circumstances that materially affects the approved provider's suitability to be a provider of *aged care. The notification must occur within 14 days after the change occurs.
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 7B of the *Quality and Safety Commission Act.
 (2) The notification must be in the form approved by the *Quality and Safety Commissioner.
 (3B) The Approved Provider Principles may specify changes of circumstances that are taken, for the purposes of subsection (1), to materially affect an approved provider's suitability to be a provider of *aged care.
 (4) An approved provider that is a *corporation commits an offence if the approved provider fails to notify the *Quality and Safety Commissioner of such a change within the 14 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.

9‑2A  Obligation to notify of the occurrence of certain events relating to key personnel