Document ID: chunk:federal_register_of_legislation:C2019A00116:clause:1_63d
Version: federal_register_of_legislation:C2019A00116
Segment Type: clause
Provision Reference: sch 1 cl 63D
Character Range: 18876–21396

63D  Commissioner must decide whether to approve person as provider of aged care
 (1) If a person makes an application under subsection 63B(1), the Commissioner must decide whether to approve the person as a provider of aged care within:
 (a) if a request for further information in relation to the application has been made under subsection 63C(1)—90 days after receiving the further information; or
 (b) otherwise—within 90 days after receiving the application.
Note: See Part 8B for the reconsideration of a decision not to approve a person as a provider of aged care.

Approval as provider of aged care
 (2) The Commissioner must not approve the person as a provider of aged care unless the Commissioner is satisfied that:
 (a) the person is a corporation; and
 (b) the person is suitable to provide aged care; and
 (c) none of the key personnel of the person is a disqualified individual.

Suitability to provide aged care
 (3) In deciding whether the person is suitable to provide aged care, the Commissioner must consider the following matters:
 (a) the person's experience in providing, at any time, aged care or other relevant forms of care;
 (b) the person's demonstrated understanding of the person's responsibilities as a provider of the type of aged care for which approval is sought;
 (c) the systems that the person has, or proposes to have, in place to meet the person's responsibilities as a provider of the type of aged care for which approval is sought;
 (d) the person's record of financial management and the methods that the person uses, or proposes to use, in order to ensure sound financial management;
 (e) if, at any time, the person has been a provider of aged care or other relevant forms of care—the person's conduct as such a provider and the person's compliance with:
 (i) the person's responsibilities as a provider of that care; and
 (ii) the person's obligations arising from the receipt of any payments from the Commonwealth for providing that care;
 (f) any other matters specified in the rules.
 (4) In considering a matter referred to in paragraph (3)(a), (b), (d), (e) or (f), the Commissioner may also consider the matter in relation to any or all of the key personnel of the person.
 (5) The rules may specify the matters to which the Commissioner must have regard in considering any of the matters set out in paragraphs (3)(a) to (f).
 (6) Subsection (3) does not limit the matters the Commissioner may consider in deciding whether the person is suitable to provide aged care.