Document ID: chunk:federal_register_of_legislation:C2024A00104:section:179
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 179
Character Range: 312192–314841

179  Registered provider duty
 (1) A registered provider must ensure, so far as is reasonably practicable, that the conduct of the provider does not cause adverse effects to the health and safety of individuals to whom the provider is delivering funded aged care services while the provider is delivering those services.
 (2) In this Act, reasonably practicable, in relation to a duty imposed under this Part, means that which is, or was at a particular time, reasonably able to be done, taking into account and weighing up all relevant matters including:
 (a) the likelihood of the adverse effect concerned occurring; and
 (b) the likely degree of harm from the adverse effect; and
 (c) what the person concerned knows, or ought reasonably to know, about ways of preventing the adverse effect; and
 (d) the availability and suitability of ways to prevent the adverse effect; and
 (e) the rights of individuals under the Statement of Rights.
Note: Under the Statement of Rights, an individual has a right to exercise choice and make decisions that affect the individual's life, including taking personal risks.

Serious failures
 (3) A registered provider contravenes this subsection if:
 (a) the provider has a duty under subsection (1); and
 (b) the provider, without reasonable excuse, engages in conduct that does not comply with the duty; and
 (c) the conduct amounts to a serious failure by the provider to comply with the duty.
Civil penalty:
 (a) in the case of a contravention by a registered provider that is an individual—150 penalty units; or
 (b) in the case of a contravention by a registered provider other than an individual—1000 penalty units.
 (4) Conduct of a registered provider amounts to a serious failure to comply with the duty in subsection (1) if:
 (a) the conduct exposes an individual to whom the duty is owed a risk of death or serious injury or illness; and
 (b) the conduct:
 (i) involves a significant failure; or
 (ii) is part of a systematic pattern of conduct.

Death or serious injury or illness
 (5) A registered provider contravenes this subsection if:
 (a) the provider has a duty under subsection (1); and
 (b) the provider, without reasonable excuse, engages in conduct; and
 (c) the conduct amounts to a serious failure by the provider to comply with the duty; and
 (d) the conduct results in the death of, serious injury to or illness of an individual to whom the duty is owed.
Civil penalty:
 (a) in the case of a contravention by a registered provider that is an individual—500 penalty units; or
 (b) in the case of a contravention by a registered provider other than an individual—4,800 penalty units.