Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p3
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 3/54)
Character Range: 45373–48142

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.

9‑2A  Obligation to notify of the occurrence of certain events relating to key personnel of an approved provider
 (1) An approved provider must notify the *Quality and Safety Commissioner if any of the following events occurs:
 (a) an individual becomes one of the *key personnel of the provider;
 (b) an individual ceases to be one of the key personnel of the provider;
 (c) the provider becomes aware of a change of circumstances that relates to a *suitability matter in relation to an individual who is one of the key personnel of the provider.
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) The notification must:
 (a) be given within 14 days after the event occurs; and
 (b) be in the form approved by the *Quality and Safety Commissioner; and
 (c) if the notification relates to an event of a kind referred to in paragraph (1)(a)—state:
 (i) whether the approved provider has considered the *suitability matters in relation to the individual; and
 (ii) whether, after considering those matters, the provider is reasonably satisfied that the individual is suitable to be involved in the provision of *aged care; and
 (d) if the notification relates to an event of a kind referred to in paragraph (1)(b)—set out the reasons the individual ceased to be one of the *key personnel of the approved provider; and
 (e) if the notification relates to an event of a kind referred to in paragraph (1)(c)—set out:
 (i) details of the change of circumstances that relates to a suitability matter in relation to the individual; and
 (ii) whether the approved provider has considered the suitability matters in relation to the individual; and
 (iii) whether, after considering those matters, the approved provider is reasonably satisfied that the individual continues to be suitable to be involved in the provision of aged care; and
 (iv) what, if any, action the provider has taken, or proposes to take, in relation to the individual.
 (3) A *corporation commits an offence of strict liability if:
 (a) the corporation is an approved provider; and
 (b) the corporation fails to comply with subsection (1).
Penalty:  30 penalty units.

9‑2  Obligation to give information relevant to an approved provider's status etc. when requested
 (1) The *Quality and Safety Commissioner may, at any time, request an approved provider to give the Commissioner such information, relevant to the approved provider's suitability to be a provider