Requirement to be accredited at level 3
38 Requirement to be accredited at level 3
The due day for applying for the level 3 accreditation of a residential service (the due day) is—
the day that is 3 months after the service provider starts providing a personal care service in the course of the residential service; or
if an extension is granted under section 46, the due day stated in the notice given under that section.
For subsection (1)(a), a personal care service is taken to continue during any break in the service of less than 30 days.
Example—
A service provider starts providing a personal care service on 1 January, stops providing the personal care service on 15 January and resumes providing the personal care service on 1 February. The personal care service is taken to have continued since 1 January, so the due day is 1 July.
After the due day, a service provider must not provide a personal care service in the course of conducting a residential service unless the residential service is accredited at level 3.
Maximum penalty—200 penalty units.
However, if an application for the level 3 accreditation of a residential service is current on the due day, subsection (3) does not apply to the service until—
if the application is withdrawn or lapses—the day of the withdrawal or lapse; or
if the chief executive decides the application by accrediting the service—the day the service is accredited; or
if the chief executive decides the application by refusing to accredit the service—the day stated in the notice given under section 47(6).
An offence against subsection (3) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.
Maximum penalty for each day the offence continues after a conviction against subsection (3)—5 penalty units.
This Act’s bill:Explanatory memorandum
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