Document ID: chunk:federal_register_of_legislation:C2025C00122:section:59:p11
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 59 (pt 11/26)
Character Range: 511749–514425

case of an approved provider, may be taken to be not complying with its responsibilities under Part 4.3.

Table of Divisions
87 Introduction
88 What records must an approved provider keep?
89 What records must a person who was an approved provider retain?

87‑2  Records Principles
  Obligations of approved providers in relation to record keeping is also dealt with in the Records Principles. The provisions of this Part indicate when a particular matter is or may be dealt with in these Principles.
Note: The Records Principles are made by the Minister under section 96‑1.

87‑3  Failure to meet obligations does not have consequences apart from under this Act
 (1) If:
 (a) a person fails to meet an obligation imposed under this Part; and
 (b) the failure does not give rise to an offence;
the failure has no consequences under any law other than this Act.
 (2) However, if the act or omission that constitutes the failure also constitutes a breach of an obligation under another law, this section does not affect the operation of any law in relation to that breach of obligation.

Division 88—What records must an approved provider keep?

88‑1  Approved provider to keep and retain certain records
 (1) An approved provider must:
 (a) keep records that enable:
 (i) claims for payments of *subsidy to be properly verified; and
 (ii) proper assessments to be made of whether the approved provider has complied, or is complying, with its responsibilities under Chapter 4; and
 (b) in relation to each of those records, retain the record for the period ending 3 years after the 30 June of the year in which the record was made.
Note: Approved providers have a responsibility under Part 4.3 to comply with this subsection. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act.
 (2) An approved provider who ceases permanently to provide care to a care recipient must retain, for the period ending 3 years after the 30 June of the year in which provision of the care ceased, such records relating to the care recipient as are specified in the Records Principles.
Note: Approved providers have a responsibility under Part 4.3 to comply with this subsection. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act.
 (3) A record may be kept and retained in written or electronic form.
 (4) An approved provider that:
 (a) is a *corporation; and
 (b) fails to comply with subsection (1) or (2);
commits an offence punishable, on conviction, by a fine not exceeding 30 penalty units.
 (5) If:
 (a) an approved provider