Document ID: chunk:federal_register_of_legislation:C2008A00140:clause:1_7
Version: federal_register_of_legislation:C2008A00140
Segment Type: clause
Provision Reference: sch 1 cl 7
Character Range: 4694–6313

7  After section 8‑3
Insert:

8‑3A  Meaning of key personnel

 (1) For the purposes of this Act, each of the following is one of the key personnel of an entity at a particular time:
 (a) a member of the group of persons who is responsible for the executive decisions of the entity at that time;
 (b) any other person who has authority or responsibility for (or significant influence over) planning, directing or controlling the activities of the entity at that time;
 (c) if, at that time, the entity conducts an *aged care service:
 (i) any person who is responsible for the nursing services provided by the service; and
 (ii) any person who is responsible for the day‑to‑day operations of the service;
  whether or not the person is employed by the entity;
 (d) if, at that time, the entity proposes to conduct an aged care service:
 (i) any person who is likely to be responsible for the nursing services to be provided by the service; and
 (ii) any person who is likely to be responsible for the day‑to‑day operations of the service;
  whether or not the person is employed by the entity.

 (2) Without limiting paragraph (1)(a), a reference in that paragraph to a person who is responsible for the executive decisions of an entity includes:
 (a) where the entity is a body corporate that is incorporated, or taken to be incorporated, under the Corporations Act 2001—a director of the body corporate for the purposes of that Act; and
 (b) in any other case—a member of the entity's governing body.

 (3) A person referred to in subparagraph (1)(c)(i) or (1)(d)(i) must hold a recognised qualification in nursing.