Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p38
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 38/54)
Character Range: 133403–136214

out in the notice under subsection 18‑2(1); and
 (b) setting out new proposals acceptable to the Secretary for ensuring that care needs are appropriately met for care recipients who are being provided with care in respect of the *places being *relinquished.

18‑4  Approved providers' obligations relating to the care needs of care recipients
 (1) An approved provider must not *relinquish *places in respect of which care recipients are being provided with care without complying with any proposal, for ensuring that care needs are appropriately met for those care recipients, that was:
 (a) accepted by the Secretary under section 18‑3; or
 (b) modified by the approved provider as requested by the Secretary under subsection 18‑3(4); or
 (c) set out by the Secretary in a notice under subsection 18‑3(5).
Note: Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act.
 (2) If an approved provider that is a *corporation fails to comply with this section, the approved provider commits an offence punishable, on conviction, by a fine not exceeding 1,000 penalty units.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

18‑5  Revocation of unused allocations of places
 (1) The Secretary may revoke the allocation of a *place if the approved provider to whom the place is allocated has not, for a continuous period of 12 months, or such other period as is set out in the Allocation Principles:
 (a) if the allocation is in respect of residential care subsidy—provided residential care in respect of the place; or
 (c) if the allocation is in respect of flexible care subsidy—provided flexible care in respect of the place.
Note: Revocations of allocations are reviewable under Part 6.1.
 (2) Before deciding to revoke the allocation, the Secretary must notify the approved provider that revocation is being considered. The notice must be in writing and must:
 (a) include the Secretary's reasons for considering the revocation; and
 (b) invite the approved provider to make written submissions to the Secretary within 28 days after receiving the notice; and
 (c) inform the approved provider that if no submission is made within that period, any revocation will take effect on the day after the last day for making submissions.
 (3) In deciding whether to revoke the allocation, the Secretary must consider:
 (a) any submissions given to the Secretary within that period; and
 (b) any matters specified in the Allocation Principles.
 (4) The Secretary must notify, in writing, the approved provider of the decision.
 (5) The notice must be given to the approved provider within 28 days after the