Document ID: chunk:federal_register_of_legislation:C2024A00104:section:129:p1
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 129 (pt 1/2)
Character Range: 247841–250708

129  Suspension of registration

Suspension on Commissioner's own initiative
 (1) The Commissioner may, in writing, suspend the registration of an entity as a registered provider for a specified period if:
 (a) the Commissioner reasonably believes that the entity has contravened, is contravening, or is proposing to contravene, this Act; or
 (b) the Commissioner reasonably believes that the application for registration by the entity contained information that was false or misleading in a material particular; or
 (c) the entity is an insolvent under administration; or
 (d) the Commissioner reasonably believes that the entity is no longer suitable to deliver funded aged care services, having regard to:
 (i) the matters referred to in paragraph 109(1)(b); and
 (ii) any other matters prescribed by the rules; or
 (e) the Commissioner reasonably believes that the responsible persons of the entity are no longer suitable to be involved in the delivery of funded aged care services, having regard to:
 (i) the suitability matters; and
 (ii) any other matters prescribed by the rules; or
 (f) a circumstance exists that is a circumstance prescribed by the rules.
Note 1: The conditions and obligations under Part 4 continue to apply to the entity during the suspension: see section 130.
Note 2: For suitability matters in relation to individuals, see section 13.
 (2) The period specified under subsection (1) must either:
 (a) not be longer than 90 days; or
 (b) be expressed to end upon the entity satisfying a specified condition.
 (3) To avoid doubt, subsection (2) does not prevent the Commissioner suspending the registration of an entity as a registered provider more than once.
 (4) In deciding whether to suspend the registration of an entity under subsection (1), the Commissioner must have regard to the following matters:
 (a) the nature, significance and persistence of any contravention, or proposed contravention, of this Act;
 (b) action that can be taken to address any contravention, or proposed contravention, of this Act;
 (c) the extent (if any) to which the entity is delivering funded aged care services in a way that may cause harm to, or jeopardise, public trust in the Commonwealth aged care system;
 (d) the safety, health or wellbeing of individuals accessing funded aged care services delivered by the entity;
 (e) any other matter the Commissioner considers relevant.

Suspension at the request of registered provider
 (5) The Commissioner may, in writing, suspend the registration of an entity as a registered provider for a specified period if the entity requests the Commissioner, in writing, to suspend the registration.
Note: The conditions and obligations under Part 4 continue to apply to the entity during the suspension: see section 130.
 (6) In deciding whether to suspend the registration of an entity under subsection (5),