Document ID: chunk:federal_register_of_legislation:C2022A00034:clause:5_6
Version: federal_register_of_legislation:C2022A00034
Segment Type: clause
Provision Reference: sch 5 cl 6
Character Range: 81577–83922

6  After section 9‑1
Insert:

9‑2A  Obligation to notify of the occurrence of certain events relating to key personnel of an approved provider
 (1) An approved provider must notify the *Quality and Safety Commissioner if any of the following events occurs:
 (a) an individual becomes one of the *key personnel of the provider;
 (b) an individual ceases to be one of the key personnel of the provider;
 (c) the provider becomes aware of a change of circumstances that relates to a *suitability matter in relation to an individual who is one of the key personnel of the provider.
Note: Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act.
 (2) The notification must:
 (a) be given within 14 days after the event occurs; and
 (b) be in the form approved by the *Quality and Safety Commissioner; and
 (c) if the notification relates to an event of a kind referred to in paragraph (1)(a)—state:
 (i) whether the approved provider has considered the *suitability matters in relation to the individual; and
 (ii) whether, after considering those matters, the provider is reasonably satisfied that the individual is suitable to be involved in the provision of *aged care; and
 (d) if the notification relates to an event of a kind referred to in paragraph (1)(b)—set out the reasons the individual ceased to be one of the *key personnel of the approved provider; and
 (e) if the notification relates to an event of a kind referred to in paragraph (1)(c)—set out:
 (i) details of the change of circumstances that relates to a suitability matter in relation to the individual; and
 (ii) whether the approved provider has considered the suitability matters in relation to the individual; and
 (iii) whether, after considering those matters, the approved provider is reasonably satisfied that the individual continues to be suitable to be involved in the provision of aged care; and
 (iv) what, if any, action the provider has taken, or proposes to take, in relation to the individual.
 (3) A *corporation commits an offence of strict liability if:
 (a) the corporation is an approved provider; and
 (b) the corporation fails to comply with subsection (1).
Penalty:  30 penalty units.