Document ID: chunk:federal_register_of_legislation:C2024A00104:section:133
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 133
Character Range: 254777–256943

133  Registered provider may be required to agree to certain matters if revocation is being considered
 (1) This section applies if the Commissioner:
 (a) is considering revoking the registration of a registered provider under subsection 131(1); and
 (b) has given the provider a notice under subsection 132(1); and
 (c) has considered any submissions made by the provider in accordance with the notice.
 (2) Before the Commissioner decides to revoke the registration, the Commissioner may, by written notice:
 (a) require the provider to agree, in writing, to do any one or more things specified in the notice; and
 (b) inform the provider that, if the provider does not agree to do those specified things in accordance with the notice, the Commissioner will revoke the registration.
Note: The Commissioner may also impose a condition on the provider under section 143 to comply with the agreement. Failure to comply with that condition may result in a contravention of subsection 142(3) or (4).
 (3) For the purposes of subsection (2), the following are the kinds of things that the Commissioner may require a registered provider to do in a notice given under that subsection:
 (a) to appoint, within the period specified in the notice and with the agreement of the Commissioner, a person (an eligible adviser) who has appropriate qualifications, skills or experience to assist the provider to comply with the provider's conditions and obligations under Part 4 in relation to either or both of the following matters:
 (i) the funded aged care services delivered by the provider;
 (ii) the governance and business operations of the provider;
 (b) to give an eligible adviser appointed by the provider for that purpose all the necessary information required by the adviser to provide that assistance;
 (c) to do any other things prescribed by the rules.
 (4) The rules may:
 (a) prescribe one or more classes of persons who must not be appointed by a registered provider as an eligible adviser; and
 (b) specify matters that the Commissioner must take into account in specifying a period in a notice given under subsection (2) for the purposes of paragraph (3)(a).