Document ID: chunk:federal_register_of_legislation:C2004A00751:clause:1_5c:p1
Version: federal_register_of_legislation:C2004A00751
Segment Type: clause
Provision Reference: sch 1 cl 5C (pt 1/3)
Character Range: 2079–4773

5C  After Division 66
Insert:

Division 66A—Establishment of administrator panel and adviser panel

66A-1  Establishment of administrator panel and adviser panel

 (1) There is to be a panel of:
 (a) administrators (the administrator panel); and
 (b) advisers (the adviser panel).

 (2) The Secretary may appoint a person to a panel mentioned in subsection (1) if:
 (a) the Secretary is satisfied that the person:
 (i) has at least 3 years' experience in senior positions in managing, or providing professional advice and support to, an aged care service or a similar undertaking; and
 (ii) is not a *disqualified individual; and
 (b) the Secretary is also satisfied that, if the person were appointed to the panel, there would not be a conflict of interest between the person's duties as a member and any other interests or duties of the person; and
 (c) the person is not a Commonwealth officer or employee.

 (2A) Each panel is to include at least one registered medical practitioner.

 (3) A person is appointed to a panel for the term stated in the instrument of appointment.

 (4) The Secretary may terminate a person's appointment to a panel by writing signed by the Secretary and given to the person.

 (4A) A notice under subsection (4) must include a statement of reasons for the termination of the person's appointment.

 (5) A person may resign an appointment by writing signed by him or her and given to the Secretary.

66A-2  Appointment of advisers

 (1) A person is eligible to be appointed as an adviser only if the person:
 (a) is a member of the adviser panel; and
 (b) has not been one of the *key personnel of an approved provider whose approval under Part 2.1 has been revoked; and
 (c) has not been one of the relevant personnel of a body whose application for approval as a provider of aged care services has been refused.

 (2) If the approved provider agrees to appoint an adviser, the approved provider must, within 5 working days after the *section 67‑5 notice time:
 (a) nominate, in writing, a proposed adviser to the Secretary; and
 (b) give the Secretary written information about the proposed adviser to allow the Secretary to decide whether the proposed adviser is suitable.

 (3) If the Secretary approves the proposed appointment, the appointment must be made within one working day after the approved provider is informed of the Secretary's approval.

66A-3  Appointment of administrators

 (1) A person is eligible to be appointed as an administrator only if the person:
 (a) is a member of the administrator panel; and
 (b) has not been one of the *key personnel of an approved provider whose approval under Part 2.1 has been revoked; and
 (c) has not