Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p51
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 51/54)
Character Range: 165795–168619

subsection 25‑4(6A) may require the approved provider to do either or both of the following:
 (a) provide, at its expense, such training as is specified in the agreement for its officers, employees and agents within the period specified in the agreement;
 (b) appoint an adviser to assist the approved provider to conduct, in a proper manner, appraisals and reappraisals of the care needs of care recipients.
 (3) If the agreement requires the approved provider to appoint an adviser, the approved provider must appoint the adviser within the period specified in the agreement.
 (4) The Classification Principles may exclude a class of persons from being appointed as an adviser.
 (5) The Classification Principles may specify matters that the Secretary must take into account in specifying, in the agreement, the period within which an approved provider that is required to appoint an adviser must appoint an adviser.

25‑4B  Stayed suspension may take effect
 (1) The Secretary may decide that the suspension is to take effect, if the Secretary is satisfied that:
 (a) if the agreement requires the approved provider to appoint an adviser—the approved provider has not complied with subsection 25‑4A(3); or
 (b) the approved provider has not complied with the agreement; or
 (c) despite having complied with the agreement, the approved provider has continued not to conduct in a proper manner appraisals and reappraisals of the care needs of care recipients provided with care through the aged care service.
 (2) If the Secretary decides that the suspension is to take effect, the Secretary must notify the approved provider, in writing, of the decision.
 (3) The suspension takes effect 7 days after the day on which that notice is given and has effect from that day for the whole of the suspension period specified in the notice under subsection 25‑4(5).
 (4) The Secretary must not give an approved provider a notice under subsection (2) after the last day on which the suspension would have had effect had the approved provider not entered into the agreement.

25‑4C  Applications for lifting of suspension
 (1) The Secretary may lift the suspension of an approved provider from making appraisals and reappraisals if the approved provider applies, in writing, to the Secretary to do so.
 (2) Subsection (1) applies whether or not the suspension has taken effect.
 (3) The application must:
 (a) be in a form approved by the Secretary; and
 (b) meet any requirements specified in the Classification Principles.
 (4) In deciding whether it is appropriate for the suspension to be lifted, the Secretary must have regard to any matters specified in the Classification Principles.

25‑4D  Requests for further information
 (1) If the Secretary needs further information to decide the application, the Secretary may give the