Document ID: chunk:federal_register_of_legislation:C2022A00034:clause:5_16:p2
Version: federal_register_of_legislation:C2022A00034
Segment Type: clause
Provision Reference: sch 5 cl 16 (pt 2/5)
Character Range: 93166–96019

feedback.
 (7) A report given under subparagraph (6)(a)(ii) must comply with any requirements specified in the Accountability Principles.
 (8) The approved provider must, if requested to do so by the quality care advisory body, give the body information about the quality of the *aged care that the provider provides through an *aged care service.
 (9) The approved provider must:
 (a) offer, at least once every 12 months, care recipients and their representatives the opportunity to establish one or more bodies (the consumer advisory bodies) to give the *governing body of the provider feedback about the quality of the *aged care that the provider provides to the care recipients through an *aged care service; and
 (b) if one or more consumer advisory bodies are established—require the governing body of the provider:
 (i) to consider any such feedback given by the body or bodies when making decisions in relation to the quality of the aged care provided through the aged care service; and
 (ii) to advise, in writing, the body or bodies how the governing body considered any such feedback.
 (10) The offer under paragraph (9)(a) must be made in writing.

Staff members
 (11) The approved provider must require the *governing body of the provider to ensure that the *staff members of the provider:
 (a) have appropriate qualifications, skills or experience to provide the care or other services that the provider provides to care recipients through an *aged care service; and
 (b) are given opportunities to develop their capability to provide that care or those other services.

63‑1E  Determination that certain responsibilities relating to the governing body of an approved provider do not apply

Application for determination
 (1) An approved provider may apply to the *Quality and Safety Commissioner for a determination that either or both of the following responsibilities (the governance responsibilities) do not apply in relation to the provider:
 (a) the responsibility set out in paragraph 63‑1D(2)(a);
 (b) the responsibility set out in paragraph 63‑1D(2)(b).
 (2) The application must:
 (a) be made in writing; and
 (b) be in a form approved by the *Quality and Safety Commissioner; and
 (c) be accompanied by any document or information specified by the Commissioner; and
 (d) be accompanied by any fee specified by the Commissioner.

Making of determination
 (3) If an approved provider makes an application under subsection (1), the *Quality and Safety Commissioner may determine that either or both of the governance responsibilities do not apply in relation to the provider if the Commissioner is satisfied that it is reasonable to do so.
 (4) In deciding whether to make the determination in relation to the approved provider, the *Quality and Safety Commissioner may take into account the following matters:
 (a) the number of