Document ID: chunk:federal_register_of_legislation:F2024C00933:reg:23bd:p1
Version: federal_register_of_legislation:F2024C00933
Segment Type: reg
Provision Reference: reg 23BD (pt 1/2)
Character Range: 49750–52619

23BD  Actions the Commissioner may take

General
 (1) The Commissioner may do any one or more of the following in relation to the compliance:
 (a) discuss the compliance, in person or by other means, with any of the following:
 (i) if the compliance is compliance by an approved provider—the approved provider;
 (ii) if the compliance is compliance by an individual who is or was an aged care worker or governing person of an approved provider—the individual or the approved provider, or both;
 (iii) any other person;
 (b) request information or documents from any person;
 (c) consider information and documents;
 (d) carry out an investigation;
 (e) refer information about the compliance to another person or body;
 (f) take any other action that the Commissioner considers reasonable in the circumstances.
Note: The Commissioner may also require a person to attend before an authorised officer to answer questions or give information or documents that are relevant to compliance with the Code of Conduct (see section 74FA of the Commission Act).
 (2) To avoid doubt, the Commissioner may carry out an investigation under paragraph (1)(d):
 (a) independently of any other person or body; or
 (b) jointly with another person or body.

Requiring action by approved providers
 (3) If the compliance is compliance by an approved provider, or an individual who is or was an aged care worker or governing person of an approved provider, the Commissioner may require the approved provider to do any one or more of the following:
 (a) carry out an internal investigation into the compliance in a specified manner and give the Commissioner a written report on the investigation within a specified period;
 (b) engage an appropriately qualified and independent expert, at the approved provider's expense, to carry out an investigation into the compliance in a specified manner and give the Commissioner a written report on the investigation within a specified period;
 (c) undertake specified action in relation to the compliance within a specified period.

Requiring action by individuals
 (4) If the compliance is compliance by an individual who is or was an aged care worker or governing person of an approved provider, the Commissioner may require the individual to undertake specified action in relation to the compliance within a specified period.

Referring information and requiring action by approved providers
 (5) If the compliance is compliance by an individual who is or was an aged care worker or governing person of an approved provider, the Commissioner may, in writing, refer information about the compliance to the approved provider and require the provider to take appropriate action in relation to the compliance.

Referring information does not prevent Commissioner taking other action
 (6) If information about the compliance is referred under paragraph