Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p8
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 8/54)
Character Range: 57868–60687

(b) the provider is a *corporation; and
 (c) the individual becomes aware of a change of circumstances that relates to a *suitability matter in relation to the individual;
the individual must notify the provider of the change.
 (2) The notification must:
 (a) be given in writing; and
 (b) be given within 14 days after the individual becomes aware of the change of circumstances; and
 (c) set out the details of the change of circumstances that relates to a *suitability matter in relation to the individual.
 (3) An individual commits an offence of strict liability if:
 (a) the individual is one of the *key personnel of an approved provider; and
 (b) the provider is a *corporation; and
 (c) the individual fails to comply with subsection (1).
Penalty:  30 penalty units.

10A‑2  Determination relating to suitability of key personnel of an approved provider

Determination relating to suitability of key personnel
 (1) If an approved provider is a *corporation, the *Quality and Safety Commissioner may, at any time, determine that an individual who is one of the *key personnel of the provider is not suitable to be involved in the provision of *aged care.
 (2) In deciding whether to make the determination under subsection (1), the *Quality and Safety Commissioner must consider the *suitability matters in relation to the individual.
 (3) Subsection (2) does not limit the matters the *Quality and Safety Commissioner may consider in deciding whether to make the determination under subsection (1) in relation the individual.

Notice of intention to make determination
 (4) Before the *Quality and Safety Commissioner makes the determination in relation to an individual who is one of the *key personnel of the approved provider, the Commissioner must, by written notice, notify the individual and the provider that the Commissioner is considering making such a determination.
 (5) The notice must:
 (a) set out the reasons why the *Quality and Safety Commissioner is considering making the determination in relation to an individual who is one of the *key personnel of the approved provider; and
 (b) invite the individual and the provider to make submissions, in writing, to the Commissioner 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; and
 (c) inform the individual and the provider that the Commissioner may, after considering any submissions made by them, decide to make the determination.
 (6) The *Quality and Safety Commissioner must consider any submissions made by the individual and the approved provider in accordance with the notice.

Notice of determination
 (7) If the *Quality and Safety Commissioner decides to make the determination in relation to an individual who is one of the *key