Document ID: chunk:federal_register_of_legislation:C2019A00116:clause:2_63t
Version: federal_register_of_legislation:C2019A00116
Segment Type: clause
Provision Reference: sch 2 cl 63T
Character Range: 82546–84717

63T  Approved provider may be required to give undertaking about remedying non‑compliance
 (1) This section applies if:
 (a) an approved provider is given a non‑compliance notice in relation to the provider's non‑compliance with one or more aged care responsibilities of the provider; and
 (b) the provider makes submissions to the Commissioner as required by the notice; and
 (c) the Commissioner considers that the submissions:
 (i) propose appropriate action to remedy the non‑compliance; or
 (ii) set out an acceptable reason for the non‑compliance; or
 (iii) are otherwise satisfactory.
 (2) The Commissioner may, by written notice:
 (a) require the approved provider to give the Commissioner an undertaking in relation to the non‑compliance that complies with subsection (3) within:
 (i) 14 days after receiving the notice; or
 (ii) if a shorter period is specified in the notice—that shorter period; and
 (b) inform the provider that the Commissioner may decide to impose, under section 63N, one or more sanctions on the provider in relation to the non‑compliance if:
 (i) the provider does not give the required undertaking; or
 (ii) the provider does not comply with any such undertaking given by the provider.
 (3) An undertaking given by an approved provider in relation to the provider's non‑compliance with one or more aged care responsibilities of the provider must:
 (a) be given in writing; and
 (b) be in a form approved by the Commissioner; and
 (c) describe and acknowledge the non‑compliance; and
 (d) set out what action the provider proposes to take to remedy the non‑compliance; and
 (e) set out the period within which such action is to be taken; and
 (f) include a statement acknowledging that the Commissioner may decide to impose, under section 63N, one or more sanctions on the provider if the provider does not comply with the undertaking; and
 (g) meet any other requirements specified in the rules.
Note: Approved providers have a responsibility under paragraph 63‑1(1)(k) of the Aged Care Act to comply with the undertaking. Failure to comply with that responsibility may result in a sanction being imposed under section 63N of this Act.