Document ID: chunk:federal_register_of_legislation:C2019A00116:clause:2_63n:p1
Version: federal_register_of_legislation:C2019A00116
Segment Type: clause
Provision Reference: sch 2 cl 63N (pt 1/2)
Character Range: 70621–73444

63N  Commissioner may impose sanctions for non‑compliance with aged care responsibilities
 (1) The Commissioner may impose one or more sanctions of a kind mentioned in section 63R on an approved provider if:
 (a) the Commissioner is satisfied that the provider has not complied, or is not complying, with one or more of the aged care responsibilities of the provider; and
 (b) the Commissioner is satisfied that it is appropriate to impose those sanctions on the provider.
Note 1: The approved provider may request the Commissioner to reconsider the decision under Part 8B.
Note 2: In certain circumstances, the Commissioner must give a notice under section 63S before deciding to impose a sanction under this section.

Commissioner must consider certain matters
 (2) In deciding whether an approved provider has not complied, or is not complying, with the aged care responsibility referred to in paragraph 63‑1(1)(a) or (h) of the Aged Care Act, the Commissioner may have regard to any information provided by the Secretary in relation to that matter.
 (3) In deciding whether it is appropriate to impose sanctions on an approved provider for non‑compliance with one or more of the aged care responsibilities of the provider, the Commissioner must consider the following matters:
 (a) whether the non‑compliance is of a minor or serious nature;
 (b) whether the non‑compliance has occurred previously and, if so, how many times it has previously occurred;
 (c) whether the non‑compliance threatens the health, welfare or interests of the care recipients to whom the provider is providing care;
 (d) whether the non‑compliance would threaten the health, welfare or interests of care recipients to whom the provider may provide care in the future;
 (e) if the provider has given an undertaking as required by a notice given to the provider under section 63T—whether or not the provider has complied with the undertaking;
 (f) if the provider has agreed to do one or more things as required by a notice given to the provider under section 63U—whether or not the provider has complied with the agreement;
 (g) the desirability of deterring future non‑compliance;
 (h) any other matters specified in the rules.
 (4) However, the Commissioner must give paramount consideration to the matters specified in paragraphs (3)(c) and (d).

Notice of decision to impose sanctions
 (5) If the Commissioner decides to impose, under subsection (1), one or more sanctions on an approved provider in relation to the provider's non‑compliance with one or more aged care responsibilities, the Commissioner must, within 14 days after making the decision, give the provider a written notice that:
 (a) sets out the decision; and
 (b) sets out the reasons for the decision; and
 (c) sets out the details of the provider's non‑compliance; and
 (d)