Document ID: chunk:federal_register_of_legislation:C2025C00122:section:2:p42
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 2 (pt 42/53)
Character Range: 443350–446188

relation to the quality of the aged care provided through the aged care service; and
 (ii) to advise, in writing, the body or bodies how the governing body considered any such feedback.
 (10) The offer under paragraph (9)(a) must be made in writing.

Staff members
 (11) The approved provider must require the *governing body of the provider to ensure that the *staff members of the provider:
 (a) have appropriate qualifications, skills or experience to provide the care or other services that the provider provides to care recipients through an *aged care service; and
 (b) are given opportunities to develop their capability to provide that care or those other services.

63‑1E  Determination that certain responsibilities relating to the governing body of an approved provider do not apply

Application for determination
 (1) An approved provider may apply to the *Quality and Safety Commissioner for a determination that either or both of the following responsibilities (the governance responsibilities) do not apply in relation to the provider:
 (a) the responsibility set out in paragraph 63‑1D(2)(a);
 (b) the responsibility set out in paragraph 63‑1D(2)(b).
 (2) The application must:
 (a) be made in writing; and
 (b) be in a form approved by the *Quality and Safety Commissioner; and
 (c) be accompanied by any document or information specified by the Commissioner; and
 (d) be accompanied by any fee specified by the Commissioner.

Making of determination
 (3) If an approved provider makes an application under subsection (1), the *Quality and Safety Commissioner may determine that either or both of the governance responsibilities do not apply in relation to the provider if the Commissioner is satisfied that it is reasonable to do so.
 (4) In deciding whether to make the determination in relation to the approved provider, the *Quality and Safety Commissioner may take into account the following matters:
 (a) the number of *aged care services through which the provider provides *aged care;
 (b) the number of care recipients who are provided with aged care through those services;
 (c) the location of those services;
 (d) the annual turnover in the provider's *key personnel;
 (e) the membership of the *governing body of the provider;
 (f) any arrangements that the provider has made, or proposes to make, to assist:
 (i) the members of the governing body of the provider to act objectively and independently in the best interests of the provider; or
 (ii) the governing body of the provider to seek, when it considers it necessary to do so, advice from a person with experience in the provision of clinical care;
 (g) any other matter specified in the Accountability Principles.

Notice of determination etc.
 (5) If the *Quality and Safety Commissioner decides to make the determination in relation to the approved