Cooperative approach
15 Cooperative approach
Before a chief executive or an authorised officer exercises a power under this Act in relation to a funded entity, the chief executive or authorised officer must consider whether it would be more appropriate, instead of exercising the power—
to seek the cooperation of the funded entity; or
to use a remedy available under a funding agreement.
Examples of cooperation—
• requesting consent to inspect a funded entity’s records
• jointly developing and monitoring a remedial plan for breaches of the funding agreement
• agreeing to reporting or monitoring requirements for an identified risk
Nothing in this Act limits the way in which a chief executive or authorised officer may cooperate with a funded entity in dealing with a matter in relation to which a power under this Act could be exercised.
The exercise of a power under this Act can not be challenged merely because the chief executive or authorised officer did not comply with subsection (1).
This Act’s bill:Explanatory memorandum
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