Document ID: chunk:federal_register_of_legislation:C2015A00157:clause:1_75:p2
Version: federal_register_of_legislation:C2015A00157
Segment Type: clause
Provision Reference: sch 1 cl 75 (pt 2/3)
Character Range: 132417–135341

aware that the contravention, event or circumstances may have occurred or arisen then, despite subsection (2) or (3), the entity need not give notice again on becoming aware that the contravention, event or circumstances has occurred or arisen.

Steps to be taken if contravention, event or circumstances may have occurred or arisen
 (5) The entity must, as soon as practicable after becoming aware that the contravention, event or circumstances may have occurred or arisen, do the following things:
 (a) so far as is reasonably practicable contain the potential contravention, event or circumstances;
 (b) evaluate any risks that, if the contravention, event or circumstances has occurred or arisen, may be related to or arise out of the contravention, event or circumstances;
 (c) if there is a reasonable likelihood that the contravention, event or circumstance has occurred or arisen and the effects of the contravention, event or circumstances might be serious for at least one healthcare recipient:
 (i) if the entity is not the System Operator—ask the System Operator to notify all healthcare recipients that would be affected; or
 (ii) if the entity is the System Operator—notify all healthcare recipients that would be affected.
Note: A contravention of this subsection is not a civil penalty provision. However, contraventions of this Act may have other consequences (for example, cancellation of registration).

Steps to be taken if contravention or event has occurred or the circumstances have arisen
 (6) The entity must, as soon as practicable after becoming aware that the contravention or event has occurred or the circumstances have arisen, do the following things:
 (a) so far as is reasonably practicable, contain the contravention, event or circumstances and undertake a preliminary assessment of the causes;
 (b) evaluate any risks that may be related to or arise out of the contravention, event or circumstances;
 (c) if the entity is the System Operator:
 (i) notify all affected healthcare recipients; and
 (ii) if a significant number of healthcare recipients are affected, notify the general public;
 (d) if the entity is not the System Operator—ask the System Operator:
 (i) to notify all affected healthcare recipients; and
 (ii) if a significant number of healthcare recipients are affected, to notify the general public;
 (e) take steps to prevent or mitigate the effects of further contraventions, events or circumstances described in paragraph (1)(b).
Note: A contravention of this subsection is not a civil penalty provision. However, contraventions of this Act may have other consequences (for example, cancellation of registration).
 (7) If an entity has given notice, or requested that the System Operator give notice, under paragraph (5)(c) then, despite paragraphs (6)(c) and (d), the entity need not give notice or request the System Operator to give notice under paragraphs (6)(c) and