174Improvement notices

174 Improvement notices

S. 174(1) amended by No. 49/2019 s. 140(Sch. 2 item 139(a)).

(1) If the Secretary believes on reasonable grounds—

(a) that an accredited person is contravening or has contravened a service standard; or

(b) that an accredited person is contravening or has contravened a condition of the person's accreditation; or

(c) that a person licensed under Part 2 is contravening or has contravened a condition of the person's licence; or

(d) that a person licensed under Part 2, an accredited person, or a relevant person in relation to a person accredited under Part 3, is contravening or has contravened a provision of—

(i) this Act other than sections 6(2), 7(2), 8, 9, 34, 38, 56, 76, 91, 92, 95, 98, 115, 116, 135, 136, 180, 203(2) and (3) and this section; or

(ii) any regulations made under this Act—

in circumstances that make it likely the contravention will continue or be repeated, the Secretary may serve on the person an improvement notice requiring the person to remedy the contravention or likely contravention, or the matters or activities causing the contravention or likely contravention, within the period specified in the notice.

(2) An improvement notice must—

S. 174(2)(a) amended by No. 49/2019 s. 140(Sch. 2 item 139(b)).

(a) state the basis for the Secretary's belief on which the service of the notice is based; and

S. 174(2)(b) amended by No. 49/2019 s. 140(Sch. 2 item 139(a)).

(b) specify the standard, condition or provision that the Secretary believes has been, is being or is likely to be, contravened; and

S. 174(2)(c) amended by No. 49/2019 s. 140(Sch. 2 item 139(a)).

(c) specify a date (with or without a time) by which the person is required to remedy the contravention or likely contravention or the matters or activities causing the contravention or likely contravention, that the Secretary considers reasonable having regard to the purpose of the accreditation or licensing and the nature of the contravention or likely contravention; and

(d) set out the penalty for contravening the notice; and

(e) include a statement to the effect of section 176; and

(f) state that the notice is served under this section; and

(g) state how the person may seek review of the service of the notice.

(3) An improvement notice may include directions concerning the measures to be taken to remedy the contravention or likely contravention, or the matters or activities causing the contravention or likely contravention, to which the notice relates.

(4) Without limiting subsection (3), an improvement notice may include—