Aged Care Act 2024

The Commissioner may, at any time, determine that a person who is one of the responsible persons of a registered provider is not suitable to be involved in the delivery of funded aged care services.

In deciding whether to make the determination under subsection (1), the Commissioner must consider the suitability matters in relation to the person.

Subsection (2) does not limit the matters the Commissioner may consider in deciding whether to make the determination under subsection (1) in relation the person.

Before the Commissioner makes the determination in relation to a person who is one of the responsible persons of the registered provider, the Commissioner must, by written notice, notify the person and the provider that the Commissioner is considering making such a determination.

The notice must:

set out the reasons why the Commissioner is considering making the determination in relation to a person who is one of the responsible persons of the registered provider; and

invite the person and the provider to make submissions, in writing, to the Commissioner in relation to the matter within:

14 days after receiving the notice; or

if a shorter period is specified in the notice—that shorter period; and

inform the person and the provider that the Commissioner may, after considering any submissions made by them, decide to make the determination.

The Commissioner must consider any submissions made by the person and the registered provider in accordance with the notice.

If the Commissioner decides to make the determination in relation to a person who is one of the responsible persons of the registered provider, the Commissioner must, within 14 days after making the decision, give the person and the provider a written notice that:

sets out the decision; and

sets out the reasons for the decision; and

states that the provider must, within a specified period, take specified action to ensure that the person ceases to be one of the responsible persons of the provider; and

sets out the effect of sections 171 and 172.