Document ID: chunk:federal_register_of_legislation:C2019A00116:clause:2_63s
Version: federal_register_of_legislation:C2019A00116
Segment Type: clause
Provision Reference: sch 2 cl 63S
Character Range: 80449–82546

63S  Commissioner must notify approved provider of intention to impose sanctions on the provider
 (1) This section applies if the Commissioner is satisfied that:
 (a) an approved provider has not complied, or is not complying, with one or more of the aged care responsibilities of the provider (other than the responsibility referred to in paragraph 63‑1(1)(k) or (l) of the Aged Care Act); and
 (b) there is no immediate and severe risk to the safety, health and well‑being of care recipients to whom the provider is providing care as a result of the non‑compliance.
 (2) Before the Commissioner decides to impose, under section 63N, one or more sanctions on the approved provider in relation to the non‑compliance, the Commissioner must, by written notice, notify the provider that the Commissioner is considering imposing those sanctions on the provider in relation to the non‑compliance.
 (3) The notice must:
 (a) set out details of the approved provider's non‑compliance; and
 (b) set out the reasons why the Commissioner is considering imposing, under section 63N, one or more sanctions on the provider in relation to the non‑compliance; and
 (c) set out the kinds of sanctions that the Commissioner is considering imposing on the provider and the effect those sanctions, if imposed, would have on the provider; and
 (d) set out broadly what action the Commissioner requires the provider to take to remedy the non‑compliance; and
 (e) invite 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
 (f) inform the provider that the Commissioner may, after considering any submissions made by the provider:
 (i) give the provider a notice under section 63T in relation to the non‑compliance; or
 (ii) decide to impose, under section 63N, one or more sanctions on the provider in relation to the non‑compliance.
 (4) The Commissioner must consider any submissions made by the approved provider in accordance with the notice.