Document ID: chunk:federal_register_of_legislation:C2025C00122:section:2:p40
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 2 (pt 40/53)
Character Range: 438310–441119

responsibility in subparagraph (a)(i), the provider may commit an offence (see section 10A‑2B).

63‑1BA  Responsibility relating to the cessation of the provision of certain residential care
  If an approved provider ceases, on or after the *transition day, to provide residential care (other than *respite care) to a care recipient through a residential care service, it is a responsibility of the provider to notify the Secretary of the cessation:
 (a) in the form approved by the Secretary; and
 (b) within the period specified in the Accountability Principles.

63‑1B  Responsibility relating to recording entry of new residents
 (1) The responsibility of an approved provider in relation to the recording of the *entry of a care recipient into a residential care service (other than as a recipient of *respite care) is to comply with subsection (2).
 (2) An approved provider must, in the form approved by the Secretary and within the period specified in the Accountability Principles, notify the Secretary of each care recipient who *enters a residential care service (other than as a recipient of *respite care) operated by the approved provider on or after 20 March 2008.

63‑1C  Responsibility relating to circumstances materially affecting an approved provider's suitability to provide aged care
 (1) The responsibility of an approved provider in relation to a circumstance specified in a notice given to the provider under subsection 63E(1) of the *Quality and Safety Commission Act is to comply with subsection (2) of this section.
 (2) The approved provider must do all things reasonably practicable to ensure that there is no change to the circumstance without complying with the steps specified in the notice.

63‑1D  Responsibilities of certain approved providers relating to their governing bodies etc.
 (1) This section sets out certain responsibilities of an approved provider that is a person or body other than:
 (a) a State or Territory; and
 (b) a *State or Territory authority; and
 (c) a *local government authority.

Membership of governing body
 (2) Subject to subsections (3), (4) and (5), the approved provider must ensure that:
 (a) a majority of the members of the *governing body of the provider are independent non‑executive members; and
 (b) at least one member of the governing body of the provider has experience in the provision of clinical care.
 (3) Subsection (2) does not apply in relation to an approved provider at a particular time if both of the following apply at that time:
 (a) the *governing body of the provider has fewer than 5 members;
 (b) the provider provides *aged care through one or more *aged care services to fewer than 40 care recipients.
 (4) Subsection (2) does not apply in relation to an approved provider at a particular time if, at that time,