Retention of records by former registered provider

In force

(1)

An entity commits an offence if:

(a)

the entity has ceased to be a registered provider of a kind prescribed by the rules; and

(b)

the entity fails to retain for 7 years after that cessation a record; and

(c)

immediately before that cessation, it was a condition of the entity’s registration as a registered provider that the entity retain the record; and

(d)

the record relates to a funded aged care service the entity delivered as a registered provider.

Penalty: 60 penalty units.

(2)

Subsection (1) does not apply in relation to a record the entity was required to transfer to someone else when or after the entity ceased to be a registered provider.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.

This Act’s bill:Explanatory memorandum Second reading speech

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543 Retention of records by former registered provider