Document ID: chunk:federal_register_of_legislation:C2022A00034:clause:5_16:p1
Version: federal_register_of_legislation:C2022A00034
Segment Type: clause
Provision Reference: sch 5 cl 16 (pt 1/5)
Character Range: 90731–93429

16  After section 63‑1C
Insert:

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, the provider is a kind of body that is known as an Aboriginal Community Controlled Organisation.
 (5) Paragraph (2)(a) or (b) does not apply in relation to an approved provider at a particular time if a determination under section 63‑1E that the responsibility set out in that paragraph does not apply in relation to the provider is in force at that time.

Advisory bodies
 (6) The approved provider must:
 (a) establish, and continue in existence, a body (the quality care advisory body) that:
 (i) complies with the requirements about membership specified in the Accountability Principles; and
 (ii) is required, at least once every 6 months, to give the *governing body of the provider a written report about the quality of the *aged care that the provider provides through an *aged care service; and
 (iii) is able, at any time, to give feedback to the governing body of the provider about the quality of the aged care that the provider provides through an aged care service; and
 (b) require the governing body of the provider:
 (i) to consider such a report, or any such feedback, when making decisions in relation to the quality of the aged care provided through the aged care service; and
 (ii)  to advise, in writing, the quality care advisory body how the governing body considered such a report or any such feedback.
 (7) A report given under subparagraph (6)(a)(ii) must comply with any requirements specified in the Accountability Principles.
 (8) The approved provider must, if requested to do so by the quality care advisory body, give the body information about the