Notice to attend to answer questions etc. relevant to Commissioner’s or Complaints Commissioner’s functions
488 Notice to attend to answer questions etc. relevant to Commissioner’s or Complaints Commissioner’s functions
This section applies if the Commissioner or Complaints Commissioner reasonably believes that a person has information or documents relevant to:
in the case of the Commissioner:
whether a registered provider, or a former registered provider, is complying with this Act in relation to a matter that relates to the Commissioner’s functions; or
whether an individual who is or was an aged care worker of a registered provider, or a former registered provider, is complying, or has complied, with a provision of this Act that applies or applied to the individual; or
in the case of the Complaints Commissioner—whether a registered provider, or a former registered provider, is complying with this Act in relation to a matter that relates to the Complaints Commissioner’s functions (including a function which has been delegated to the Complaints Commissioner under section 575).
The Commissioner or Complaints Commissioner may, by written notice, require the person to attend before an authorised Commission officer to do either or both of the following:
to answer questions relating to the matter;
to give such information or documents (or copies of documents) as are specified in the notice.
The notice must:
specify the authorised Commission officer before whom the person is required to attend; and
specify the day on which, and the time and place at which, the person is required to attend; and
if the person is a registered provider—inform the registered provider that the registered provider has an obligation under section 177 of this Act to cooperate with a person who is performing functions, or exercising powers, under this Act.
The day specified under paragraph (3)(b) must be at least 14 days after the notice is given.
This Act’s bill:Explanatory memorandumSecond reading speech
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