Document ID: chunk:federal_register_of_legislation:C2019A00116:clause:1_8b
Version: federal_register_of_legislation:C2019A00116
Segment Type: clause
Provision Reference: sch 1 cl 8B
Character Range: 14279–15966

8B  Meaning of key personnel of a person or body
 (1) Each of the following is one of the key personnel of a person or body (the entity) at a particular time:
 (a) if the entity is not a State or Territory—a member of the group of persons who is responsible for the executive decisions of the entity at that time;
 (b) if the entity is not a State or Territory—any other person who has authority or responsibility for, or significant influence over, planning, directing or controlling the activities of the entity at that time;
 (c) if, at that time, the entity conducts an aged care service:
 (i) any person who is responsible for the nursing services provided by the service and who holds a recognised qualification in nursing; and
 (ii) any person who is responsible for the day‑to‑day operations of the service;
  whether or not the person is employed by the entity;
 (d) if, at that time, the entity proposes to conduct an aged care service:
 (i) any person who is likely to be responsible for the nursing services to be provided by the service and who holds a recognised qualification in nursing; and
 (ii) any person who is likely to be responsible for the day‑to‑day operations of the service;
  whether or not the person is employed by the entity.
 (2) Without limiting paragraph (1)(a), a reference in that paragraph to a member of the group of persons who is responsible for the executive decisions of an entity includes:
 (a) if the entity is a body corporate that is incorporated, or taken to be incorporated, under the Corporations Act 2001—a director of the body corporate for the purposes of that Act; and
 (b) in any other case—a member of the entity's governing body.