Commonwealth: Aged Care Act 1997 (Cth)

Aged Care Act 1997 No. 112, 1997 Compilation No. 90 Compilation date: 21 February 2025 Includes amendments: Act No. 14, 2025 About this compilation This compilation This is a compilation of the Aged Care Act 1997 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Chapter 1—Introduction Division 1—Preliminary matters 1‑1 Short title 1‑2 Commencement 1‑3 Identifying defined terms 1‑4 Tables of Divisions and Subdivisions do not form part of this Act 1‑5 Application to continuing care recipients Division 2—Objects 2‑1 The objects of this Act Division 3—Overview of this Act 3‑1 General 3‑2 Preliminary matters relating to subsidies (Chapter 2) 3‑3 Subsidies 3‑3A Fees and payments 3‑4 Responsibilities of approved providers (Chapter 4) 3‑5 Grants (Chapter 5) Division 4—Application of this Act 4‑1 Application of this Act 4‑2 Binding the Crown Chapter 2—Preliminary matters relating to subsidies Division 5—Introduction 5‑1 What this Chapter is about 5‑2 Which approvals etc. may be relevant Part 2.1—Approved providers Division 6—Introduction 6‑1 What this Part is about Division 7—What is the significance of approval as a provider of aged care? 7‑1 Pre‑conditions to receiving subsidy 7‑2 Payment of subsidy if approval of provider is restricted to certain aged care services etc. Division 9—What obligations arise from being an approved provider? 9‑1A Obligation to notify Secretary about home care services 9‑1 Obligation to notify of a change of circumstances that materially affects the suitability of an approved provider 9‑2A Obligation to notify of the occurrence of certain events relating to key personnel of an approved provider 9‑2 Obligation to give information relevant to an approved provider's status etc. when requested 9‑3 Obligation to give information relevant to payments 9‑3A Obligation to give information relating to refundable deposits, accommodation bonds, entry contributions etc. 9‑3B Obligation to give information or documents about ability to refund balances 9‑4 Obligations while approval is suspended Division 10A—Key personnel of approved providers 10A‑1 Key personnel of an approved provider must notify of change of circumstances relating to suitability 10A‑2 Determination relating to suitability of key personnel of an approved provider 10A‑2A Offence relating to failure to take action as required by determination 10A‑2B Offence relating to failure to comply with responsibility to consider suitability matters relating to key personnel 10A‑3 Remedial orders Part 2.2—Allocation of places Division 11—Introduction 11‑1 What this Part is about 11‑2 The Allocation Principles 11‑3 Meaning of people with special needs 11‑4 Explanation of the allocation process Division 12—How does the Commonwealth plan its allocations of places? 12‑1 The planning process 12‑2 Objectives of the planning process 12‑3 Minister to determine the number of places available for allocation 12‑4 Distributing available places among regions 12‑5 Determining proportion of care to be provided to certain groups of people 12‑6 Regions Division 13—How do people apply for allocations of places? 13‑1 Applications for allocations of places 13‑2 Invitation to apply 13‑3 Application fee 13‑4 Requests for further information Division 14—How are allocations of places decided? 14‑1 Allocation of places 14‑2 Competitive assessment of applications for allocations 14‑3 Compliance with the invitation 14‑4 Waiver of requirements 14‑5 Conditions relating to particular allocations 14‑6 Conditions relating to allocations generally 14‑7 Allocation of places to services with extra service status 14‑8 Notification of allocation 14‑9 Allocations in situations of emergency Division 15—When do allocations of places take effect? 15‑1 When allocations take effect 15‑2 Provisional allocations 15‑3 Applications for determinations 15‑4 Variation or revocation of provisional allocations 15‑5 Variation of provisional allocations on application 15‑5A Variation of region that involves moving provisionally allocated places to a service with extra service status 15‑6 Surrendering provisional allocations 15‑7 Provisional allocation periods Division 16—How are allocated places transferred from one person to another? Subdivision 16‑A—Transfer of places other than provisionally allocated places 16‑1 Application of this Subdivision 16‑2 Transfer notice 16‑3 Consideration of notices 16‑4 Notice to resolve 16‑5 Change to proposed transfer day 16‑6 Veto notice 16‑7 Transfer of places to service with extra service status 16‑8 Transfer day 16‑9 Effect of transfer on certain matters 16‑10 Information to be given to transferee 16‑11 Transferors to provide transferee with certain records Subdivision 16‑B—Transfer of provisionally allocated places 16‑12 Application of this Subdivision 16‑13 Transfer notice 16‑14 Consideration of notices 16‑15 Notice to resolve 16‑16 Change to proposed transfer day 16‑17 Veto notice 16‑18 Transfer of places to service with extra service status 16‑19 Transfer day 16‑20 Effect of transfer on certain matters 16‑21 Information to be given to transferee Division 17—How are the conditions for allocations of places varied? 17‑1 Variation of allocations 17‑2 Applications for variation of allocations 17‑3 Requests for further information 17‑4 Consideration of applications 17‑5 Time limit for decisions on applications 17‑6 Notice of decisions 17‑7 Variation day 17‑8 Variation involving relocation of places to service with extra service status Division 17A—Revocation of certain conditions for allocations of places 17A‑1 Revocation of certain conditions for allocations of places Division 18—When do allocations cease to have effect? 18‑1 Cessation of allocations 18‑2 Relinquishing places 18‑3 Proposals relating to the care needs of care recipients 18‑4 Approved providers' obligations relating to the care needs of care recipients 18‑5 Revocation of unused allocations of places Part 2.3—Approval of care recipients Division 19—Introduction 19‑1 What this Part is about 19‑2 The Approval of Care Recipients Principles Division 20—What is the significance of approval as a care recipient? 20‑1 Care recipients must be approved before subsidy can be paid 20‑2 Effect of limitation of approvals Division 21—Who is eligible for approval as a care recipient? 21‑1 Eligibility for approval 21‑2 Eligibility to receive residential care 21‑3 Eligibility to receive home care 21‑4 Eligibility to receive flexible care Division 22—How does a person become approved as a care recipient? 22‑1 Approval as a care recipient 22‑2 Limitation of approvals 22‑2A Priority for home care services 22‑3 Applications for approval 22‑4 Assessments of care needs 22‑5 Date of effect of approval 22‑6 Notification of decisions Division 23—When does an approval cease to have effect? 23‑1 Expiration, lapse or revocation of approvals 23‑2 Expiration of time limited approvals 23‑3 Circumstances in which approval for flexible care lapses 23‑4 Revocation of approvals Part 2.3A—Prioritisation of home care recipients Division 23A—Introduction 23A‑1 What this Part is about Division 23B—Prioritised home care recipients 23B‑1 Determination that a person is a prioritised home care recipient 23B‑2 Variation of level of care in relation to which a person is a prioritised home care recipient 23B‑3 Cessation of determinations 23B‑4 Use of computer programs to make decisions Part 2.4—Classification of care recipients before the transition day Division 24—Introduction 24‑1 What this Part is about 24‑2 The Classification Principles Division 25—How are care recipients classified? 25‑1 Classification of care recipients 25‑2 Classification levels 25‑3 Appraisals of the level of care needed 25‑4 Suspending approved providers from making appraisals and reappraisals 25‑4A Stay of suspension agreements 25‑4B Stayed suspension may take effect 25‑4C Applications for lifting of suspension 25‑4D Requests for further information 25‑4E Notification of Secretary's decision 25‑5 Authorisation of another person to make appraisals or reappraisals Division 26—When do classifications take effect? 26‑1 Appraisals received within the appropriate period—care other than respite care 26‑2 Appraisals not received within the appropriate period—care other than respite care 26‑3 When respite care classifications take effect Division 27—Expiry and renewal of classifications 27‑1 When do classifications cease to have effect? 27‑2 Expiry dates and reappraisal periods 27‑3 Reappraisal required by Secretary 27‑4 Reappraisal at initiative of approved provider 27‑5 Requirements for reappraisals 27‑5A Certain expiry date reappraisals must not be made 27‑6 Renewal of classifications 27‑7 Date of effect of renewal of classification that has an expiry date—reappraisal received during reappraisal period 27‑8 Date of effect of renewal of classification that has an expiry date—reappraisal received after reappraisal period 27‑9 Date of effect of renewal—reappraisals at initiative of approved provider Division 29—How are classifications changed? 29‑1 Changing classifications 29‑2 Date of effect of change Division 29A—Civil penalty for incorrect classifications 29A‑1 Warning notices 29A‑2 Civil penalty 29A‑3 When changes are significant Part 2.4A—Classification of care recipients on or after the transition day Division 29B—Introduction 29B‑1 What this Part is about 29B‑2 The Classification Principles Division 29C—How are care recipients classified? 29C‑1 Application of this Division 29C‑2 Classification of care recipients 29C‑3 Secretary may assess care recipient 29C‑4 Care recipients may have classifications for both respite and non‑respite care 29C‑5 Classification levels 29C‑6 Exclusion of classes of care recipients 29C‑7 Classifications of persons who cease to be care recipients 29C‑8 Use of computer programs to make decisions Division 29D—How are care recipients reclassified? 29D‑1 Reclassification of care recipients Division 29E—How are classifications changed? 29E‑1 Changing classifications Part 2.5—Extra service places Division 30—Introduction 30‑1 What this Part is about 30‑2 The Extra Service Principles 30‑3 Meaning of distinct part Division 31—When is a place an extra service place? 31‑1 Extra service place 31‑3 Effect of allocation, transfer or variation of places to services with extra service status Division 32—How is extra service status granted? 32‑1 Grants of extra service status 32‑2 Invitations to apply 32‑3 Applications for extra service status 32‑4 Criteria to be considered by Secretary 32‑5 Competitive assessment of applications 32‑6 Application fee 32‑7 Maximum proportion of places 32‑8 Conditions of grant of extra service status 32‑9 Notification of extra service status Division 33—When does extra service status cease? 33‑1 Cessation of extra service status 33‑3 Lapsing of extra service status 33‑4 Revocation or suspension of extra service status at approved provider's request Division 35—How are extra service fees approved? 35‑1 Approval of extra service fees 35‑2 Applications for approval 35‑3 Rules about amount of extra service fee 35‑4 Notification of decision Division 36—When is residential care provided on an extra service basis? 36‑1 Provision of residential care on extra service basis 36‑2 Extra service agreements not to be entered under duress etc. 36‑3 Contents of extra service agreements 36‑4 Additional protection for existing residents Chapter 3—Subsidies Division 40—Introduction 40‑1 What this Chapter is about Part 3.1—Residential care subsidy Division 41—Introduction 41‑1 What this Part is about 41‑2 The Subsidy Principles 41‑3 Meaning of residential care Division 42—Who is eligible for residential care subsidy? 42‑1 Eligibility for residential care subsidy 42‑2 Leave from residential care services 42‑2A Determining situations of emergency to enable additional leave 42‑3 Working out periods of leave 42‑4 Accreditation requirement 42‑5 Determinations allowing for exceptional circumstances 42‑6 Revocation of determinations 42‑7 Exceeding the number of places for which there is an allocation 42‑8 Notice of refusal to pay residential care subsidy Division 43—How is residential care subsidy paid? 43‑1 Payment of residential care subsidy 43‑2 Meaning of payment period 43‑3 Advances 43‑4 Claims for residential care subsidy 43‑4A Variations of claims for residential care subsidy 43‑5 Deductions for fees 43‑6 Capital repayment deductions 43‑9 Recovery of overpayments Division 44—What is the amount of residential care subsidy? 44‑1 What this Division is about Subdivision 44‑A—Working out the amount of residential care subsidy 44‑2 Amount of residential care subsidy Subdivision 44‑B—The basic subsidy amount 44‑3 The basic subsidy amount Subdivision 44‑C—Primary supplements 44‑5 Primary supplements Subdivision 44‑D—Reductions in subsidy 44‑17 Reductions in subsidy 44‑20 The compensation payment reduction 44‑20A Secretary's powers if compensation information is not given 44‑21 The care subsidy reduction 44‑22 Working out the means tested amount 44‑23 Care subsidy reduction taken to be zero in some circumstances 44‑24 The care recipient's total assessable income 44‑26 The care recipient's total assessable income free area 44‑26A The value of a person's assets 44‑26B Definitions relating to the value of a person's assets 44‑26C Determination of value of person's assets Subdivision 44‑F—Other supplements 44‑27 Other supplements 44‑28 The accommodation supplement 44‑30 The hardship supplement 44‑31 Determining cases of financial hardship 44‑32 Revoking determinations of financial hardship Part 3.2—Home care subsidy Division 45—Introduction 45‑1 What this Part is about 45‑2 The Subsidy Principles 45‑3 Meaning of home care Division 46—Who is eligible for home care subsidy? 46‑1 Eligibility for home care subsidy 46‑2 Suspension of home care services 46‑4 Notice of refusal to pay home care subsidy Division 47—On what basis is home care subsidy paid? 47‑1 Payability of home care subsidy 47‑2 Meaning of payment period 47‑4 Claims for home care subsidy 47‑4A Variations of claims for home care subsidy 47‑5 Recovery of overpayments Division 48—What is the amount of home care subsidy? Subdivision A—Amount of home care subsidy 48‑1 Amount of home care subsidy Subdivision B—Commonwealth contribution amount 48‑1A Commonwealth contribution amount 48‑2 The basic subsidy amount 48‑3 Primary supplements 48‑4 Reductions in subsidy 48‑5 The compensation payment reduction 48‑6 Secretary's powers if compensation information is not given 48‑7 The care subsidy reduction 48‑8 Care subsidy reduction taken to be zero in some circumstances 48‑9 Other supplements 48‑10 The hardship supplement 48‑11 Determining cases of financial hardship 48‑12 Revoking determinations of financial hardship Subdivision C—Shortfall amount 48‑13 Shortfall amount Subdivision D—Home care accounts 48‑14 Home care account 48‑15 Home care credits 48‑16 Home care debits 48‑17 Home care account balance 48‑18 When home care account ceases Part 3.3—Flexible care subsidy Division 49—Introduction 49‑1 What this Part is about 49‑2 The Subsidy Principles 49‑3 Meaning of flexible care Division 50—Who is eligible for flexible care subsidy? 50‑1 Eligibility for flexible care subsidy 50‑2 Kinds of care for which flexible care subsidy may be payable 50‑3 Exceeding the number of places for which there is an allocation 50‑4 Notice of refusal to pay flexible care subsidy Division 51—On what basis is flexible care subsidy paid? 51‑1 Payment of flexible care subsidy Division 52—What is the amount of flexible care subsidy? 52‑1 Amounts of flexible care subsidy Chapter 3A—Fees and payments Division 52A—Introduction 52A‑1 What this Chapter is about Part 3A.1—Resident and home care fees Division 52B—Introduction 52B‑1 What this Part is about 52B‑2 The Fees and Payments Principles Division 52C—Resident fees 52C‑2 Rules relating to resident fees 52C‑3 Maximum daily amount of resident fees 52C‑4 The standard resident contribution 52C‑5 Maximum daily amount of resident fees for reserving a place Division 52D—Home care fees 52D‑1 Rules relating to home care fees 52D‑2 Maximum daily amount of home care fees 52D‑3 The basic daily care fee Part 3A.2—Accommodation payments and accommodation contributions Division 52E—Introduction 52E‑1 What this Part is about 52E‑2 The Fees and Payments Principles Division 52F—Accommodation agreements 52F‑1 Information to be given before person enters residential or eligible flexible care 52F‑2 Approved provider must enter accommodation agreement 52F‑3 Accommodation agreements 52F‑4 Refundable deposit not to be required for entry 52F‑5 Accommodation agreements for flexible care 52F‑6 Accommodation agreements may be included in another agreement 52F‑7 Effect of accommodation agreements Division 52G—Rules about accommodation payments and accommodation contributions 52G‑1 What this Division is about Subdivision 52G‑A—Rules about accommodation payments 52G‑2 Rules about charging accommodation payments 52G‑3 Minister may determine maximum amount of accommodation payment 52G‑4 Pricing Authority may approve higher maximum amount of accommodation payment 52G‑5 Accommodation payments must not be greater than amounts set out in accommodation agreements Subdivision 52G‑B—Rules about accommodation contributions 52G‑6 Rules about charging accommodation contribution Division 52H—Rules about daily payments 52H‑1 Payment in advance 52H‑2 When daily payments accrue 52H‑3 Charging interest 52H‑4 The Fees and Payments Principles Division 52J—Rules about refundable deposits 52J‑2 When refundable deposits can be paid 52J‑3 The Fees and Payments Principles 52J‑5 Person must be left with minimum assets 52J‑6 Approved provider may retain income derived 52J‑7 Amounts to be deducted from refundable deposits Division 52K—Financial hardship 52K‑1 Determining cases of financial hardship 52K‑2 Revoking determinations of financial hardship Part 3A.3—Managing refundable deposits, accommodation bonds and entry contributions Division 52L—Introduction 52L‑1 What this Part is about Division 52M—Prudential requirements 52M‑1 Compliance with prudential requirements Division 52N—Permitted uses 52N‑1 Refundable deposits and accommodation bonds to be used only for permitted purposes 52N‑2 Offences relating to non‑permitted use of refundable deposits and accommodation bonds 52N‑3 Request to give information or documents relating to the use of a refundable deposit or accommodation bond to make a loan Division 52P—Refunds 52P‑1 Refunding refundable deposit balances 52P‑2 Refunding refundable deposit balances—former approved providers 52P‑3 Payment of interest 52P‑4 Delaying refunds to secure re‑entry Chapter 4—Responsibilities of approved providers Division 53—Introduction 53‑1 What this Chapter is about 53‑2 Failure to meet responsibilities does not have consequences apart from under this Act Part 4.1—Quality of care Division 54—Quality of care 54‑1 Responsibilities of approved providers 54‑1A Responsibility relating to registered nurses 54‑2 Aged Care Quality Standards 54‑3 Reportable incidents 54‑4 Disclosures qualifying for protection 54‑5 Disclosure that qualifies for protection not actionable etc. 54‑6 Victimisation prohibited 54‑7 Right to compensation 54‑8 Approved providers' responsibilities in relation to informants 54‑9 Restrictive practice in relation to a care recipient 54‑10 Matters that Quality of Care Principles must require etc. 54‑11 Immunity from civil or criminal liability in relation to the use of a restrictive practice in certain circumstances Part 4.2—User rights Division 55—Introduction 55‑1 What this Part is about 55‑2 The User Rights Principles Division 56—What are the general responsibilities relating to user rights? 56‑1 Responsibilities of approved providers—residential care 56‑2 Responsibilities of approved providers—home care 56‑3 Responsibilities of approved providers—flexible care 56‑4 Complaints resolution mechanisms 56‑5 Extent to which responsibilities apply Division 59—What are the requirements for resident agreements? 59‑1 Requirements for resident agreements Division 61—What are the requirements for home care agreements? 61‑1 Requirements for home care agreements Division 62—What are the responsibilities relating to protection of personal information? 62‑1 Responsibilities relating to protection of personal information 62‑2 Giving personal information to courts etc. Part 4.3—Accountability etc. Division 63—Accountability etc. 63‑1 Responsibilities of approved providers 63‑1A Responsibilities relating to the suitability of key personnel of an approved provider 63‑1BA Responsibility relating to the cessation of the provision of certain residential care 63‑1B Responsibility relating to recording entry of new residents 63‑1C Responsibility relating to circumstances materially affecting an approved provider's suitability to provide aged care 63‑1D Responsibilities of certain approved providers relating to their governing bodies etc. 63‑1E Determination that certain responsibilities relating to the governing body of an approved provider do not apply 63‑1F Variation or revocation of determination on the Quality and Safety Commissioner's own initiative 63‑1G Responsibility relating to the giving of information relating to reporting periods 63‑1H Responsibility relating to constitution of approved providers that are wholly‑owned subsidiary corporations 63‑2 Annual report on the operation of the Act Chapter 5—Grants Division 69—Introduction 69‑1 What this Chapter is about Part 5.1—Residential care grants Division 70—Introduction 70‑1 What this Part is about 70‑2 The Grant Principles 70‑3 Meaning of capital works costs Division 71—How do people apply for allocations of residential care grants? 71‑1 Applications for residential care grants 71‑2 Invitation to apply 71‑3 Requests for further information Division 72—How are residential care grants allocated? 72‑1 Allocation of residential care grants 72‑4 Compliance with the invitation 72‑5 Waiver of requirements 72‑6 Notification of allocation 72‑7 Notice to unsuccessful applicants Division 73—On what basis are residential care grants paid? 73‑1 Basis on which residential care grants are paid 73‑3 Grants payable only if certain conditions met 73‑4 Variation or revocation of allocations 73‑5 Variation of allocations on application of approved provider 73‑6 Agreement taken to be varied 73‑7 Appropriation Division 74—How much is a residential care grant? 74‑1 The amount of a residential care grant Part 5.5—Advocacy grants Division 81—Advocacy grants 81‑1 Advocacy grants 81‑2 Applications for advocacy grants 81‑3 Deciding whether to make advocacy grants 81‑4 Conditions of advocacy grants 81‑5 Appropriation Part 5.6—Community visitors grants Division 82—Community visitors grants 82‑1 Community visitors grants 82‑2 Applications for community visitors grants 82‑3 Deciding whether to make community visitors grants 82‑4 Conditions of community visitors grants 82‑5 Appropriation Part 5.7—Other grants Division 83—Other grants 83‑1 Other grants 83‑2 Conditions of other grants 83‑3 Appropriation Chapter 6—Administration Division 84—Introduction 84‑1 What this Chapter is about Part 6.1—Reconsideration and review of decisions Division 85—Reconsideration and review of decisions 85‑1 Reviewable decisions 85‑2 Deadlines for making reviewable decisions 85‑3 Reasons for reviewable decisions 85‑4 Reconsidering reviewable decisions 85‑5 Reconsideration of reviewable decisions 85‑6 Application fee for reconsideration of decision to change classification of care recipient 85‑8 ART review of reviewable decisions Part 6.2—Protection of information Division 86—Protection of information 86‑1 Meaning of protected information 86‑2 Use of protected information 86‑3 Disclosure of protected information for other purposes 86‑4 Disclosure of protected information by people conducting assessments 86‑4A Disclosure of certain protected information by officials of the Pricing Authority 86‑5 Limits on use of information disclosed under section 86‑3, 86‑4 or 86‑4A 86‑6 Limits on use of protected information disclosed under certain legislation 86‑7 Limits on use of protected information by certain Departments 86‑8 Disclosure to court 86‑9 Information about an aged care service 86‑10 Information about aged care services that must be made publicly available 86‑11 Publishing star ratings for residential care services Part 6.3—Record keeping Division 87—Introduction 87‑1 What this Part is about 87‑2 Records Principles 87‑3 Failure to meet obligations does not have consequences apart from under this Act Division 88—What records must an approved provider keep? 88‑1 Approved provider to keep and retain certain records 88‑2 Approved providers to keep records specified in Records Principles 88‑3 False or misleading records Division 89—What records must a person who was an approved provider retain? 89‑1 Former approved provider to retain records Part 6.4—Compliance and enforcement powers Division 90—Introduction 90‑1 Simplified outline of this Part Division 91—Entry and search powers relating to certain applications and grants 91‑1 Power to enter premises and exercise search powers in relation to certain applications and grants 91‑2 Consent 91‑3 Search powers 91‑4 Asking questions and seeking production of documents Division 92—Regulatory powers 92‑1 Monitoring powers 92‑2 Modifications of Part 2 of the Regulatory Powers Act 92‑3 Investigation powers 92‑4 Modifications of Part 3 of the Regulatory Powers Act Division 93—Notice to attend to answer questions etc. 93‑1 Notice to attend to answer questions etc. relevant to certain matters 93‑2 Attending before authorised officer to answer questions Division 94—Appointment of authorised officers 94‑1 Authorised officers must carry identity card 94‑2 Appointment of authorised officers Part 6.5—Recovery of overpayments Division 95—Recovery of overpayments 95‑1 Recoverable amounts 95‑2 Recoverable amount is a debt 95‑3 Recovery by deductions from amounts payable to debtor 95‑4 Recovery where there is a transfer of places 95‑5 Refund to transferee if Commonwealth makes double recovery 95‑6 Write‑off and waiver of debt Part 6.8—Home care assurance reviews Division 95BA—Home care assurance reviews 95BA‑1 Home care assurance reviews 95BA‑2 Scope of assurance reviews 95BA‑3 Reports on assurance reviews 95BA‑4 Assistance in conducting and reporting on assurance reviews 95BA‑5 Notice to give information or documents 95BA‑6 Notice to answer questions 95BA‑7 Duty to provide all reasonable facilities and assistance 95BA‑8 Request for information or documents Chapter 7—Miscellaneous Division 95C—Civil penalties 95C‑1 Civil penalty provisions Division 96—Miscellaneous 96‑1 Principles 96‑2 Delegation of Secretary's powers and functions 96‑2A Identity cards for certain delegates 96‑3 Committees 96‑4 Care provided on behalf of an approved provider 96‑5 Care recipients etc. lacking capacity to enter agreements 96‑6 Applications etc. on behalf of care recipients 96‑7 Withdrawal of applications 96‑9 Application of the Criminal Code 96‑10 Appropriation 96‑13 Regulations Schedule 1—Dictionary 1 Definitions Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to aged care, and for other purposes Chapter 1—Introduction Division 1—Preliminary matters 1‑1 Short title This Act may be cited as the Aged Care Act 1997. 1‑2 Commencement (1) This Division commences on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the provisions of this Act (other than the provisions of this Division) commence on a day or days to be fixed by Proclamation. (3) If a provision of this Act does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period. 1‑3 Identifying defined terms (1) Many of the terms in this Act are defined in the Dictionary in Schedule 1. (2) Most defined terms are identified by an asterisk appearing at the start of the term: as in "*aged care service". The footnote that goes with the asterisk contains a signpost to the Dictionary. (3) An asterisk usually identifies the first occurrence of a term in a subsection, note or definition. Later occurrences of the term in the same subsection, note or definition are not asterisked. (4) Terms are not asterisked in headings, tables or diagrams. (5) The following basic terms used throughout the Act are not identified with an asterisk: Terms that are not identified Item This term: is defined in: 1 approved provider Schedule 1 2 care Schedule 1 3 home care section 45‑3 4 home care service Schedule 1 5 flexible care section 49‑3 6 flexible care service Schedule 1 7 provide section 96‑4 8 residential care section 41‑3 9 residential care service Schedule 1 10 Secretary Schedule 1 1‑4 Tables of Divisions and Subdivisions do not form part of this Act Tables of Divisions and tables of Subdivisions do not form part of this Act. 1‑5 Application to continuing care recipients Chapters 3 and 3A of this Act do not apply in relation to a *continuing care recipient. Note: Subsidies, fees and payments for continuing care recipients are dealt with in the Aged Care (Transitional Provisions) Act 1997. Division 2—Objects 2‑1 The objects of this Act (1) The objects of this Act are as follows: (a) to provide for funding of *aged care that takes account of: (i) the quality of the care; and (ii) the *type of care and level of care provided; and (iii) the need to ensure access to care that is affordable by, and appropriate to the needs of, people who require it; and (iv) appropriate outcomes for recipients of the care; and (v) accountability of the providers of the care for the funding and for the outcomes for recipients; (b) to promote a high quality of care and accommodation for the recipients of *aged care services that meets the needs of individuals; (c) to protect the health and well‑being of the recipients of aged care services; (d) to ensure that aged care services are targeted towards the people with the greatest needs for those services; (e) to facilitate access to aged care services by those who need them, regardless of race, culture, language, gender, economic circumstance or geographic location; (f) to provide respite for families, and others, who care for older people; (g) to encourage diverse, flexible and responsive aged care services that: (i) are appropriate to meet the needs of the recipients of those services and the carers of those recipients; and (ii) facilitate the independence of, and choice available to, those recipients and carers; (h) to help those recipients to enjoy the same rights as all other people in Australia; (i) to plan effectively for the delivery of aged care services that: (i) promote the targeting of services to areas of the greatest need and people with the greatest need; and (ii) avoid duplication of those services; and (iii) improve the integration of the planning and delivery of aged care services with the planning and delivery of related health and community services; (j) to promote ageing in place through the linking of care and support services to the places where older people prefer to live. (2) In construing the objects, due regard must be had to: (a) the limited resources available to support services and programs under this Act; and (b) the need to consider equity and merit in accessing those resources. Division 3—Overview of this Act 3‑1 General (1) This Act provides for the Commonwealth to give financial support: (a) through payment of *subsidies for the provision of *aged care; and (b) through payment of grants for other matters connected with the provision of aged care. Subsidies are paid under Chapter 3 (but Chapters 2 and 4 are also relevant to subsidies), and grants are paid under Chapter 5. (2) *Subsidies are also paid under Chapter 3 of the Aged Care (Transitional Provisions) Act 1997. 3‑2 Preliminary matters relating to subsidies (Chapter 2) Before the Commonwealth can pay *subsidy to an approved provider of *aged care, a number of approvals and similar decisions may need to have been made under Chapter 2. These may relate to: (b) the *aged care service in question (for example, for residential care services and flexible care services the requirement that *places have been allocated in respect of the service); or (c) the recipient of aged care (for example, the requirement that the recipient has been approved as a recipient of the type of aged care that is provided). Note: For the approval of providers of aged care, see Part 7A of the *Quality and Safety Commission Act. 3‑3 Subsidies A number of different kinds of *subsidy can be paid. They are paid for *aged care that has been provided. Eligibility for a subsidy depends on: (a) particular approvals and similar decisions having been made under Chapter 2; and (b) the circumstances in which the care is provided (for example, whether the care is provided in a residential care service that meets its *accreditation requirement). 3‑3A Fees and payments Care recipients may be required to pay for, or contribute to, the costs of their care and accommodation. Fees and payments are dealt with in Chapter 3A of this Act, and in Divisions 57, 57A, 58 and 60 of the Aged Care (Transitional Provisions) Act 1997. 3‑4 Responsibilities of approved providers (Chapter 4) Approved providers have certain responsibilities under Chapter 4. These responsibilities relate to: (a) the quality of care they provide; and (b) user rights for the people to whom care is provided; and (c) accountability for the care that is provided, and the basic suitability of their *key personnel. Failure to meet these responsibilities can lead to the imposition of sanctions on an approved provider under Part 7B of the *Quality and Safety Commission Act, which may affect amounts of *subsidy payable to the approved provider. 3‑5 Grants (Chapter 5) The Commonwealth makes grants under Chapter 5 to contribute to costs associated with: (a) the establishment or enhancement of *aged care services (for example, *residential care grants); or (c) support services related to the provision of aged care (for example, *advocacy grants). The grants are (in most cases) payable under agreements with the recipients of the grants, and may be subject to conditions. Division 4—Application of this Act 4‑1 Application of this Act (1) This Act applies in all the States and Territories. (2) However, this Act does not apply in any external Territory, except Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands. (3) Despite subsection (1), Parts 2.2, 2.5 and 3.1 apply in relation to the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands as if those Territories were part of Western Australia and were not Territories. Note: This has the effect that references in Parts 2.2, 2.5 and 3.1 to a Territory do not apply to the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands, and that references in those Parts to a State will be relevant to Western Australia as if it included those Territories. (4) Despite subsection (1), Parts 2.2, 2.5 and 3.1 apply in relation to Norfolk Island as if Norfolk Island were part of New South Wales and were not a Territory. Note: This has the effect that references in Parts 2.2, 2.5 and 3.1 to a Territory do not apply to Norfolk Island, and that references in those Parts to a State will be relevant to New South Wales as if it included Norfolk Island. 4‑2 Binding the Crown (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be prosecuted for an offence. Chapter 2—Preliminary matters relating to subsidies Division 5—Introduction 5‑1 What this Chapter is about Before the Commonwealth can pay a *subsidy to an approved provider of *aged care, a number of approvals and similar decisions may need to have been made. These relate to: • the *aged care service in question—for residential care services and flexible care services, *places must have been allocated in respect of the service (see Part 2.2). In addition, decisions can be made under Part 2.5 allowing places in a residential care service to become *extra service places (enabling higher fees to be charged for those places); • the recipient of the care—the recipient must (in most cases) be approved in respect of the type of *aged care provided (see Part 2.3). In the case of home care, the recipient must be a *prioritised home care recipient (see Part 2.3A). In the case of residential care or some kinds of flexible care, the recipient can be classified in respect of the level of care that is required (see Parts 2.4 and 2.4A). Note 1: Not all of these approvals and decisions are needed in respect of each kind of subsidy. Note 2: For the approval of providers of aged care, see Part 7A of the *Quality and Safety Commission Act. 5‑2 Which approvals etc. may be relevant The following table shows, in respect of each kind of payment under Chapter 3 of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997, which approvals and similar decisions under this Chapter may be relevant. Which approvals etc. may be relevant Approvals or decisions Kind of payment Residential care subsidy Home care subsidy Flexible care subsidy 2 Allocation of places Yes No Yes 3 Approval of care recipients Yes Yes Yes 3A Prioritisation of home care recipients No Yes No 4 Classification of care recipients Yes No Yes 5 Decisions relating to extra service places Yes No No Note 1: Classification of care recipients is relevant to *flexible care subsidy only in respect of some kinds of flexible care services. Note 2: Allocation of funding for grants is dealt with in Chapter 5. Note 3: For the approval of providers of aged care, see Part 7A of the *Quality and Safety Commission Act. Part 2.1—Approved providers Division 6—Introduction 6‑1 What this Part is about A precondition to a provider of *aged care receiving a *subsidy under this Act for the provision of care is that the provider is an approved provider. For the obligations that arise from being an approved provider, see Division 9 of this Part. Division 10A of this Part deals with the *key personnel of approved providers and sets out when remedial orders may be obtained. Table of Divisions 6 Introduction 7 What is the significance of approval as a provider of aged care? 9 What obligations arise from being an approved provider? 10A Key personnel of approved providers Division 7—What is the significance of approval as a provider of aged care? 7‑1 Pre‑conditions to receiving subsidy Payments of *subsidy cannot be made to a person for providing *aged care unless: (a) the person is an approved provider; and (aa) the approval of the person is in effect; and (b) the approval of the person is in respect of the type of aged care provided, at the time it is provided; and (c) the approval of the person is in respect of the *aged care service through which the aged care is provided, at the time it is provided. Note: For the approval of providers of aged care, see Part 7A of the *Quality and Safety Commission Act. 7‑2 Payment of subsidy if approval of provider is restricted to certain aged care services etc. (1) If: (a) a sanction has been imposed on an approved provider under section 63N of the *Quality and Safety Commission Act; and (b) the sanction restricts the approval of the provider to certain *aged care services conducted by the provider; then, while the sanction is in effect, *subsidy may only be paid to the provider in respect of care provided through those services. (2) If: (a) a sanction has been imposed on an approved provider under section 63N of the *Quality and Safety Commission Act; and (b) the sanction restricts the payment of *subsidies to the provision of care by the provider to certain care recipients; then, while the sanction is in effect, subsidy may only be paid to the provider in respect of care provided to those care recipients. Note: Both subsections (1) and (2) may apply at the same time in relation to an approved provider. Division 9—What obligations arise from being an approved provider? 9‑1A Obligation to notify Secretary about home care services (1) An approved provider must notify the Secretary of the following information in relation to each home care service through which the approved provider proposes to provide home care: (a) the name and address of the service; (b) any other information of a kind specified in the Approved Provider Principles for the purposes of this section. Note: Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act. (2) The notification must be made before the approved provider first provides home care through the home care service. (3) The notification must be in the form approved by the Secretary. (4) If there is a change in any of the information notified under subsection (1), the approved provider must, within 28 days of the change, notify the Secretary of the change. 9‑1 Obligation to notify of a change of circumstances that materially affects the suitability of an approved provider (1) An approved provider must notify the *Quality and Safety Commissioner of a change of circumstances that materially affects the approved provider's suitability to be a provider of *aged care. The notification must occur within 14 days after the change occurs. Note: Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act. (2) The notification must be in the form approved by the *Quality and Safety Commissioner. (3B) The Approved Provider Principles may specify changes of circumstances that are taken, for the purposes of subsection (1), to materially affect an approved provider's suitability to be a provider of *aged care. (4) An approved provider that is a *corporation commits an offence if the approved provider fails to notify the *Quality and Safety Commissioner of such a change within the 14 day period. Penalty: 30 penalty units. (5) Strict liability applies to subsection (4). Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability, see section 6.1 of the Criminal Code. 9‑2A Obligation to notify of the occurrence of certain events relating to key personnel of an approved provider (1) An approved provider must notify the *Quality and Safety Commissioner if any of the following events occurs: (a) an individual becomes one of the *key personnel of the provider; (b) an individual ceases to be one of the key personnel of the provider; (c) the provider becomes aware of a change of circumstances that relates to a *suitability matter in relation to an individual who is one of the key personnel of the provider. Note: Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act. (2) The notification must: (a) be given within 14 days after the event occurs; and (b) be in the form approved by the *Quality and Safety Commissioner; and (c) if the notification relates to an event of a kind referred to in paragraph (1)(a)—state: (i) whether the approved provider has considered the *suitability matters in relation to the individual; and (ii) whether, after considering those matters, the provider is reasonably satisfied that the individual is suitable to be involved in the provision of *aged care; and (d) if the notification relates to an event of a kind referred to in paragraph (1)(b)—set out the reasons the individual ceased to be one of the *key personnel of the approved provider; and (e) if the notification relates to an event of a kind referred to in paragraph (1)(c)—set out: (i) details of the change of circumstances that relates to a suitability matter in relation to the individual; and (ii) whether the approved provider has considered the suitability matters in relation to the individual; and (iii) whether, after considering those matters, the approved provider is reasonably satisfied that the individual continues to be suitable to be involved in the provision of aged care; and (iv) what, if any, action the provider has taken, or proposes to take, in relation to the individual. (3) A *corporation commits an offence of strict liability if: (a) the corporation is an approved provider; and (b) the corporation fails to comply with subsection (1). Penalty: 30 penalty units. 9‑2 Obligation to give information relevant to an approved provider's status etc. when requested (1) The *Quality and Safety Commissioner may, at any time, request an approved provider to give the Commissioner such information, relevant to the approved provider's suitability to be a provider of *aged care, as is specified in the request. The request must be in writing. (1A) The *Quality and Safety Commissioner may, at any time, request an approved provider to give the Commissioner such information, relevant to the suitability of an individual who is one of the *key personnel of the provider to be involved in the provision of *aged care, as is specified in the request. The request must be in writing. (2) The approved provider must comply with a request made under subsection (1) or (1A) within 28 days after the request was made, or within such shorter period as is specified in the notice. Note: Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act. (3) An approved provider that is a *corporation commits an offence if it fails to comply with a request made under subsection (1) or (1A) within the period referred to in subsection (2). Penalty: 30 penalty units. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (3A) Strict liability applies to subsection (3). (4) A request made under subsection (1) or (1A) must contain a statement setting out the effect of subsections (2) and (3). 9‑3 Obligation to give information relevant to payments (1) The Secretary may, at any time, request an approved provider to give to the Secretary such information relating to payments made under this Act or the Aged Care (Transitional Provisions) Act 1997 as is specified in the request. The request must be in writing. (2) The approved provider must comply with the request within 28 days after the request was made, or within such shorter period as is specified in the notice. Note: Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act. (3) The request must contain a statement setting out the effect of subsection (2). 9‑3A Obligation to give information relating to refundable deposits, accommodation bonds, entry contributions etc. (1) The Secretary or *Quality and Safety Commissioner may, at any time, request a person who is or has been an approved provider to give to the Secretary or Commissioner specified information relating to any of the following: (a) *refundable deposits or *accommodation bonds charged by the person; (b) the amount of one or more *refundable deposit balances or *accommodation bond balances at a particular time; (c) the amount equal to the total of the refundable deposit balances and accommodation bond balances that the person would have had to refund at a specified earlier time if certain assumptions specified in the request were made; (d) *entry contributions given or loaned under a *formal agreement binding the person; (e) the amount of one or more *entry contribution balances at a particular time; (f) the amount equal to the total of the entry contribution balances that the person would have had to refund at a specified earlier time if certain assumptions specified in the request were made; (g) *unregulated lump sums paid to the person; (h) the amount of one or more *unregulated lump sum balances at a particular time. The request must be in writing. (2) The person must comply with the request within 28 days after the request was made, or within such shorter period as is specified in the request. Note: Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act. (3) A person commits an offence if: (a) the Secretary or *Quality and Safety Commissioner requests the person to give information under subsection (1); and (b) the person is required under subsection (2) to comply with the request within a period; and (c) the person fails to comply with the request within the period; and (d) the person is a *corporation. Penalty: 30 penalty units. (3A) Strict liability applies to subsection (3). (4) The request must contain a statement setting out the effect of subsections (2) and (3). 9‑3B Obligation to give information or documents about ability to refund balances (1) This section applies if the Secretary or *Quality and Safety Commissioner believes, on reasonable grounds, that an approved provider: (a) has not refunded, or is unable or unlikely to be able to refund, a *refundable deposit balance or an *accommodation bond balance; or (b) is experiencing financial difficulties; or (c) has used a *refundable deposit or an *accommodation bond for a use that is not *permitted. (2) The Secretary or *Quality and Safety Commissioner may request the approved provider to give the Secretary or Commissioner information or documents specified in the request relating to any of the following: (a) the approved provider's suitability to be a provider of *aged care; (b) the approved provider's financial situation; (c) the amount of one or more *refundable deposit balances or *accommodation bond balances at a particular time; (d) how *refundable deposits or *accommodation bonds have been used by the approved provider; (da) the use of a refundable deposit or accommodation bond by the approved provider to make a loan; (e) the approved provider's policies and procedures relating to managing, monitoring and controlling the use of refundable deposits and accommodation bonds; (f) the roles and responsibilities of *key personnel in relation to managing, monitoring and controlling the use of refundable deposits and accommodation bonds. The request must be in writing. (2A) Without limiting paragraph (2)(da), the following kinds of information or documents may be specified in a request relating to the use of a *refundable deposit or *accommodation bond by an approved provider to make a loan: (a) a copy of the agreement relating to the loan that has been executed, or entered into, by the parties to the agreement; (b) the amount of the loan; (c) details of any security in respect of the loan; (d) details of the term or life of the loan; (e) details of the rate of interest payable on the loan; (f) evidence that the rate of interest payable on the loan has been set on a commercial basis; (g) details of the loan repayments (including the amounts and frequency of those repayments); (h) details of any review of the loan that must or may be conducted; (i) details of any other conditions or terms of the loan; (j) details of the commercial basis of the loan; (k) evidence of the use of the money loaned; (l) a copy of the financial statements (however described) of the borrower (including any such statements that have been audited); (m) any other information or documents relating to the loan. (3) The Secretary or *Quality and Safety Commissioner may request the approved provider to give the specified information or documents on a periodic basis. (4) The approved provider must comply with the request: (a) within 28 days after the request was made, or within such shorter period as is specified in the request; or (b) if the information or documents are to be given on a periodic basis—before the time or times worked out in accordance with the request. Note: Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act. (5) An approved provider commits an offence if: (a) the Secretary or *Quality and Safety Commissioner requests the approved provider to give information or documents under subsection (2); and (b) the approved provider is required under subsection (4) to comply with the request within a period or before a particular time; and (c) the approved provider fails to comply with the request within the period or before the time; and (d) the approved provider is a *corporation. Penalty: 30 penalty units. (5A) Strict liability applies to subsection (5). (5B) Subsection (5) does not apply if the information or documents requested under subsection (2) are not in the possession, custody or control of the approved provider. Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code. (6) The request must contain a statement setting out the effect of subsections (4) and (5). (7) If the operation of this section would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person. (8) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia, or the Supreme Court of a State or Territory, for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines. 9‑4 Obligations while approval is suspended If a person's approval as a provider of *aged care under Part 7A of the *Quality and Safety Commission Act is suspended for a period under Part 7B of that Act, the obligations under this Division apply to the person as if the person were an approved provider during that period. Division 10A—Key personnel of approved providers 10A‑1 Key personnel of an approved provider must notify of change of circumstances relating to suitability (1) If: (a) an individual is one of the *key personnel of an approved provider; and (b) the provider is a *corporation; and (c) the individual becomes aware of a change of circumstances that relates to a *suitability matter in relation to the individual; the individual must notify the provider of the change. (2) The notification must: (a) be given in writing; and (b) be given within 14 days after the individual becomes aware of the change of circumstances; and (c) set out the details of the change of circumstances that relates to a *suitability matter in relation to the individual. (3) An individual commits an offence of strict liability if: (a) the individual is one of the *key personnel of an approved provider; and (b) the provider is a *corporation; and (c) the individual fails to comply with subsection (1). Penalty: 30 penalty units. 10A‑2 Determination relating to suitability of key personnel of an approved provider Determination relating to suitability of key personnel (1) If an approved provider is a *corporation, the *Quality and Safety Commissioner may, at any time, determine that an individual who is one of the *key personnel of the provider is not suitable to be involved in the provision of *aged care. (2) In deciding whether to make the determination under subsection (1), the *Quality and Safety Commissioner must consider the *suitability matters in relation to the individual. (3) Subsection (2) does not limit the matters the *Quality and Safety Commissioner may consider in deciding whether to make the determination under subsection (1) in relation the individual. Notice of intention to make determination (4) Before the *Quality and Safety Commissioner makes the determination in relation to an individual who is one of the *key personnel of the approved provider, the Commissioner must, by written notice, notify the individual and the provider that the Commissioner is considering making such a determination. (5) The notice must: (a) set out the reasons why the *Quality and Safety Commissioner is considering making the determination in relation to an individual who is one of the *key personnel of the approved provider; and (b) invite the individual and the provider to make submissions, in writing, to the Commissioner in relation to the matter within: (i) 14 days after receiving the notice; or (ii) if a shorter period is specified in the notice—that shorter period; and (c) inform the individual and the provider that the Commissioner may, after considering any submissions made by them, decide to make the determination. (6) The *Quality and Safety Commissioner must consider any submissions made by the individual and the approved provider in accordance with the notice. Notice of determination (7) If the *Quality and Safety Commissioner decides to make the determination in relation to an individual who is one of the *key personnel of the approved provider, the Commissioner must, within 14 days after making the decision, give the individual and the provider a written notice that: (a) sets out the decision; and (b) sets out the reasons for the decision; and (c) states that the provider must, within a specified period, take specified action to ensure that the individual ceases to be one of the key personnel of the provider; and (d) sets out the effect of sections 10A‑2A and 10A‑3. Note: The approved provider may request the *Quality and Safety Commissioner to reconsider the decision under Part 8B of the *Quality and Safety Commission Act. 10A‑2A Offence relating to failure to take action as required by determination A *corporation commits an offence if: (a) the corporation is an approved provider; and (b) the *Quality and Safety Commissioner makes a determination under subsection 10A‑2(1) in relation to an individual who is one of the *key personnel of the corporation; and (c) the corporation fails to take the action specified in the notice of the determination within the period specified in that notice. Note: Section 4K of the Crimes Act 1914, which deals with continuing and multiple offences, applies to this offence. Penalty: 300 penalty units. 10A‑2B Offence relating to failure to comply with responsibility to consider suitability matters relating to key personnel A *corporation commits an offence if: (a) the corporation is an approved provider; and (b) the corporation fails to comply with the responsibility under subparagraph 63‑1A(a)(i). Penalty: 300 penalty units. 10A‑3 Remedial orders Unacceptable key personnel situation (1) For the purposes of this section, an unacceptable key personnel situation exists if: (a) the *Quality and Safety Commissioner makes a determination under subsection 10A‑2(1) in relation to an individual who is one of the *key personnel of an approved provider; and (b) the provider fails to take the action specified in the notice of the determination within the period specified in that notice. Grant of orders (2) If an unacceptable key personnel situation exists, the Federal Court may, on application by the Secretary, make such orders as the court considers appropriate for the purpose of ensuring that that situation ceases to exist. (3) In addition to the Federal Court's power under subsection (2), the court: (a) has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do or refrain from doing a specified act; and (b) has power to make an order containing such ancillary or consequential provisions as the court thinks just. Grant of interim orders (4) If an application is made to the Federal Court for an order under this section, the court may, before considering the application, grant an interim order directing any person to do or refrain from doing a specified act. Notice of applications (5) The Federal Court may, before making an order under this section, direct that notice of the application be given to such persons as it thinks fit or be published in such manner as it thinks fit, or both. Discharge etc. of orders (6) The Federal Court may, by order, rescind, vary or discharge an order made by it under this section or suspend the operation of such an order. Part 2.2—Allocation of places Division 11—Introduction 11‑1 What this Part is about An approved provider can only receive *subsidy for providing residential care or flexible care in respect of which a *place has been allocated. The Commonwealth plans the distribution between *regions of the available places in respect of the types of subsidies. It then invites applications and allocates the places to approved providers. Table of Divisions 11 Introduction 12 How does the Commonwealth plan its allocations of places? 13 How do people apply for allocations of places? 14 How are allocations of places decided? 15 When do allocations of places take effect? 16 How are allocated places transferred from one person to another? 17 How are the conditions for allocations of places varied? 17A Revocation of certain conditions for allocations of places 18 When do allocations cease to have effect? 11‑2 The Allocation Principles Allocation of *places