Document ID: chunk:federal_register_of_legislation:C2022A00034:clause:5_16:p3
Version: federal_register_of_legislation:C2022A00034
Segment Type: clause
Provision Reference: sch 5 cl 16 (pt 3/5)
Character Range: 95772–98576

Commissioner is satisfied that it is reasonable to do so.
 (4) In deciding whether to make the determination in relation to the approved provider, the *Quality and Safety Commissioner may take into account the following matters:
 (a) the number of *aged care services through which the provider provides *aged care;
 (b) the number of care recipients who are provided with aged care through those services;
 (c) the location of those services;
 (d) the annual turnover in the provider's *key personnel;
 (e) the membership of the *governing body of the provider;
 (f) any arrangements that the provider has made, or proposes to make, to assist:
 (i) the members of the governing body of the provider to act objectively and independently in the best interests of the provider; or
 (ii) the governing body of the provider to seek, when it considers it necessary to do so, advice from a person with experience in the provision of clinical care;
 (g) any other matter specified in the Accountability Principles.

Notice of determination etc.
 (5) If the *Quality and Safety Commissioner decides to make the determination in relation to the approved provider, the Commissioner must give the provider written notice of the following:
 (a) the making of the determination;
 (b) the governance responsibility to which the determination relates;
 (c) the period for which the determination is in force.
Note: The determination may remain in force for a period specified by the *Quality and Safety Commissioner or until it is revoked under section 63‑1F.
 (6) If the *Quality and Safety Commissioner decides not to make the determination in relation to the approved provider, the Commissioner must give the provider written notice of the following:
 (a) the decision;
 (b) the reasons for the decision;
 (c) how the provider may apply for reconsideration of the decision.
Note: See Part 8B of the *Quality and Safety Commission Act for the reconsideration of a decision not to make the determination.

63‑1F  Variation or revocation of determination on the Quality and Safety Commissioner's own initiative
 (1) The *Quality and Safety Commissioner may, on the Commissioner's own initiative, vary or revoke a determination made under subsection 63‑1E(3) in relation to an approved provider if the Commissioner is satisfied it is appropriate to do so.
 (2) If the *Quality and Safety Commissioner decides to vary or revoke the determination in relation to the approved provider, the Commissioner must, as soon as is practicable, give the provider a written notice that:
 (a) sets out the decision; and
 (b) sets out the reasons for the decision; and
 (c) specifies the day on which the variation or revocation takes effect; and
 (d) states how the person may apply for reconsideration of the decision.
Note: See Part