Document ID: chunk:federal_register_of_legislation:C2024A00104:section:167
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 167
Character Range: 297361–299339

167  Change in circumstances
 (1) A registered provider of a kind prescribed by the rules must give notice to the Commissioner of any change of a kind prescribed by the rules in accordance with any requirements prescribed by the rules.
 (2) If circumstances prescribed by the rules apply, a notice under subsection (1) must also be given to the System Governor.
 (3) Without limiting subsection (1), the rules may prescribe that a registered provider must give notice of a change in relation to the following:
 (a) a change of circumstances or an event that materially affects the provider's suitability to be a registered provider taking into account the matters referred to in paragraph 109(1)(b) (which deals with suitability of registered providers);
 (b) a change of circumstances that relates to a suitability matter in relation to a responsible person of the provider;
 (c) a change in the responsible persons of the provider;
 (d) a significant change in the organisation or governance arrangements of the provider;
 (e) a significant change in the scale of the provider in relation to the funded aged care services delivered by the provider;
 (f) a change in the service types delivered by the provider;
 (g) specified changes relating to the associated providers of the provider;
 (h) specified changes to an approved residential care home;
 (i) specified financial and prudential matters.
Note: See section 13 for the definition of suitability matter.
 (4) A notice under subsection (1) or (2) must:
 (a) be given within 14 days after the registered provider becomes aware of the change in circumstances; and
 (b) be in an approved form; and
 (c) include any information prescribed by the rules in relation to a change of circumstances or event of a kind prescribed by the rules.
 (5) An entity contravenes this subsection if:
 (a) the entity is a registered provider; and
 (b) the entity fails to comply with subsection (1) or (2).
Civil penalty: 30 penalty units.