Document ID: chunk:federal_register_of_legislation:C2004A00751:clause:1_7:p1
Version: federal_register_of_legislation:C2004A00751
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 1/2)
Character Range: 7876–10571

7  After Division 67 of Part 4.4
Insert:

Division 67A—When do sanctions take effect?

67A‑1  When this Division applies

  This Division applies if the Secretary gives a notice under section 67‑5 imposing a sanction on an approved provider.

67A‑2  Basic rule—sanction takes effect at the section 67‑5 notice time

  The basic rule is that the sanction takes effect at the *section 67‑5 notice time.

67A‑3  Exceptions to the basic rule

  However, there are 2 exceptions to the basic rule:
 (a) deferral to a later time (see section 67A‑4);
 (b) progressive revocation or suspension of the allocation of some or all of the *places allocated to the approved provider under Part 2.2 (see section 67A‑5).

67A‑4  Deferral to a later time

 (1) If:
 (a) the Secretary decides that the sanction should take effect at a time that is later than the *section 67‑5 notice time; and
 (b) that decision is set out in the section 67‑5 notice;
the sanction takes effect at that later time.

 (2) In making a decision under subsection (1), the Secretary must have regard to the following:
 (a) the desirability of allowing sufficient time for the taking of reasonable steps to inform:
 (i) each care recipient who is likely to be affected by the imposition of the sanction; and
 (ii) a next of kin of such a care recipient, or an individual who, in the opinion of the Secretary, is concerned for the safety, health and well‑being of such a care recipient;
  about:
 (iii) the imposition of the sanction; and
 (iv) the consequences under this Act of the imposition of the sanction;
 (b) any risk to the safety, health or well‑being of care recipients to whom the approved provider is providing care;
 (c) any other matters specified in the Sanctions Principles.

 (3) If:
 (a) the sanction consists of revoking the approved provider's approval under Part 2.1 as a provider of *aged care services; and
 (b) the sanction is the only sanction imposed on the approved provider in relation to non‑compliance with one or more of its responsibilities under Part 4.1, 4.2 or 4.3; and
 (c) paragraph 66‑2(1)(a) does not apply to the sanction;
then, in making a decision under subsection (1), the Secretary must ensure that the sanction takes effect within 14 days after the *section 67‑5 notice time.

67A‑5  Progressive revocation or suspension of allocation of places

 (1) This section applies to the sanction if:
 (a) the sanction consists of revoking or suspending the allocation of some or all of the *places allocated to the approved provider under Part 2.2; and
 (b) the Secretary decides that the sanction should take effect on a progressive basis; and
 (c) that decision is set out in the section 67‑5