Residential Services (Accreditation) Act 2002

This section applies if an individual is the only service provider for a registered service and the individual dies.

The personal representative of the individual’s estate is taken to be registered as the service provider for 6 months from the date of death (the transitional registration period).

Subsection (2) applies subject to—

the chief executive deciding the personal representative is not a suitable person; or

any earlier change of the person registered as the service provider, or cancellation of the registration, under this Act; or

any extension, or earlier ending, of the transitional registration period under this section.

If the chief executive decides the personal representative is not a suitable person, the chief executive may, for the purpose of this section, substitute the personal representative with either of the following persons (each the substitute)—

an associate of the service provider;

another person the chief executive is satisfied is a suitable person.

The personal representative or the substitute may apply in writing to the chief executive for an extension of the transitional registration period.

On receiving the application, the chief executive may extend the transitional registration period by the further period, of not more than 6 months, that the chief executive considers appropriate in all the circumstances.

Without limiting section 61, a person who is taken to be registered as the service provider for a residential service under this section in the person’s capacity as personal representative, or a substitute, may apply under section 61 to be registered, in his or her personal capacity, as the service provider for the service.