Document ID: chunk:federal_register_of_legislation:F2024C00843:reg:15s
Version: federal_register_of_legislation:F2024C00843
Segment Type: reg
Provision Reference: reg 15S
Character Range: 104174–106611

15S  Decision whether to grant exemption

Criteria for grant of exemption
 (1) If the Secretary receives an application under section 15Q from an approved provider for an exemption from section 54‑1A of the Act in relation to a residential facility, the Secretary may grant the exemption only if:
 (a) the facility is located in an MM 5 area, MM 6 area or MM7 area; and
 (b) there are no more than 30 operational places in the facility on the day of the Secretary's decision; and
 (c) the Secretary is satisfied that the provider has taken reasonable steps to ensure that the clinical care needs of the care recipients in the facility will be met during the period for which the exemption is in force; and
 (d) the approved provider has given to the Secretary the reports required under section 44B of the Accountability Principles 2014 in relation to the residential facility for each calendar month.
 (2) In deciding whether to grant the exemption, the Secretary must have regard to:
 (a) any sanction imposed on the approved provider under section 63N of the Quality and Safety Commission Act; and
 (b) any notice given to the approved provider under section 63S, 63T, 63U or 74EE of that Act; and
 (c) any information given to the Secretary by the Quality and Safety Commissioner in accordance with section 56 of that Act that is relevant to assessing whether the provider has taken the reasonable steps mentioned in paragraph (1)(c) of this section.
 (3) The Secretary may grant an exemption to an approved provider in relation to a residential facility for which the approved provider has previously been granted an exemption.

Period of exemption
 (4) If the Secretary decides to grant an exemption, the Secretary must decide the period for which the exemption is to be in force.
Note: The responsibility in section 54‑1A of the Act commences on 1 July 2023.
 (5) The period:
 (a) must not be longer than 12 months; and
 (b) must not begin before the day on which the Secretary grants the exemption.

Conditions that apply to exemption
 (6) The following conditions apply to an exemption:
 (a) the approved provider must give the Secretary notice in writing of any material change to the information given to the Secretary:
 (i) in the application for the exemption; or
 (ii) in response to a request by the Secretary under subsection 15R(1);
 (b) any additional conditions that the Secretary decides to impose on the exemption.