Document ID: chunk:federal_register_of_legislation:F2024C00933:reg:111c
Version: federal_register_of_legislation:F2024C00933
Segment Type: reg
Provision Reference: reg 111C
Character Range: 160408–162382

111C  When sanctions come into effect and cease to have effect—matters to which Commissioner must have regard
  For the purposes of subsection 63N(6) of the Commission Act, in doing any one or more of the matters mentioned in paragraph 63N(6)(a), (b) or (c) of that Act in relation to a sanction imposed on an approved provider for non‑compliance with one or more of the aged care responsibilities of the provider, the Commissioner must have regard to the following matters:
 (a) whether the non‑compliance is of a minor or serious nature;
 (b) whether the non‑compliance has occurred previously and, if so, how many times it has previously occurred;
 (c) whether the non‑compliance threatens the health, welfare or interests of care recipients to whom the provider is providing care;
 (d) whether the non‑compliance would threaten the health, welfare or interests of care recipients to whom the provider may provide care in the future;
 (e) if the provider has given an undertaking as required by a notice given to the provider under subsection 63T(2) of the Commission Act—whether or not the provider has complied with the undertaking;
 (f) if the provider has agreed to do one or more things as required by a notice given to the provider under subsection 63U(2) of the Commission Act—whether or not the provider has complied with the agreement;
 (g) any risks to the health, welfare or interests of care recipients to whom the provider is providing care or may provide care in the future;
 (h) the period likely to be needed to establish whether any improvement in the provider's compliance with those responsibilities can be sustained;
 (i) the period needed for the taking of reasonable steps to inform the following persons about the imposition of the sanction and the consequences of the imposition of the sanction:
 (i) each care recipient who is likely to be affected by the imposition of the sanction;
 (ii) the nominated representative of such a care recipient.