39Provision of financial support statements

39 Provision of financial support statements

Scope of this section (1) This section applies in relation to an approved provider if: (a) the provider provides a residential care service; and (b) the provider is not a State, a Territory, an authority of a State or Territory or a local government authority; and (c) the provider is a subsidiary of another body corporate. Financial support statement to be given with aged care financial report (2) If an approved provider is required under section 37 to give the Secretary an aged care financial report for the provider for a financial year, then the provider must, when giving the report to the Secretary, also give the Secretary a financial support statement for the provider signed within the period of 4 months starting on the day after the end of the financial year.

Note: For who must sign a financial support statement, see subsection 40(4).

(3) However, subsection (2) does not apply to an approved provider in relation to a financial year if: (a) the aged care financial report for the provider for the year includes an explanation of why the provider has not complied with subsection (2) in relation to that year; and (b) the provider has a reasonable excuse for not complying with subsection (2) in relation to that year. Financial support statement to be given on request (4) The Secretary may at any time, by notice in writing, require an approved provider to give the Secretary a financial support statement for the provider signed within the period for signing specified in the notice.

Note: For who must sign a financial support statement, see subsection 40(4).

(5) An approved provider must comply with a notice under subsection (4) within the period for complying specified in the notice or, if no such period is specified in the notice, within 28 days after the day when the notice is given. (6) However, subsection (5) does not apply to an approved provider in relation to a notice under subsection (4) if: (a) at or before the end of the period within which the provider would (but for this subsection) be required to comply with the notice, the provider gives the Secretary a written explanation of why the provider is not able to comply with the notice; and (b) the provider has a reasonable excuse for not complying with the notice. Secretary may request further information and documents (7) The Secretary may at any time, by notice in writing, require an approved provider to give the Secretary specified information or documents that the Secretary considers are, or may be, relevant to assessing whether a provider has a reasonable excuse for the purposes of paragraph (3)(b) or (6)(b). (8) An approved provider must comply with a notice under subsection (7) within the period for complying specified in the notice or, if no such period is specified in the notice, within 28 days after the day when the notice is given.