41Provision of further information and documents to Secretary

41 Provision of further information and documents to Secretary

Approved provider must comply with notices under this section (1) An approved provider must comply with a notice under subsection (3) or (5) within the period specified in the notice or, if no period is specified in the notice, within 28 days after the day when the notice is given. (2) An approved provider complies with a notice under subsection (3) or (5) requiring the provider to give information or documents only if the provider gives the information or documents in a form (if any) approved by the Secretary for the purposes of that subsection. Notice to provide updated information (3) The Secretary may at any time, by notice in writing, require an approved provider to give the Secretary updated information about a matter, as specified in the notice, if information about the matter is included in, or is required by or under the Act to be included in: (a) an aged care financial report for the provider given to the Secretary in accordance with section 37 of this instrument; or (b) a general purpose financial report for the provider that is required under paragraph 35(4)(b) of this instrument to accompany such an aged care financial report.

Note: Since an aged care financial report for an approved provider must include an annual prudential compliance statement for the provider (see paragraph 51(2)(d) of the Fees and Payments Principles 2014 (No. 2)), the Secretary may, under this subsection, require updated information about a matter if information about the matter is included or required to be included in such an annual prudential compliance statement.

(4) A notice under subsection (3) may require an approved provider to give updated information about a matter in relation to a period that is: (a) the same as the period to which a report for the provider (as mentioned in paragraph (3)(a) or (b)) relates; or (b) different from the period to which such a report relates. Notice to provide supporting information or documents (5) 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 the accuracy of: (a) information included in a report for the provider mentioned in paragraph (3)(a) or (b); or (b) updated information given to the Secretary by the provider in accordance with a notice under subsection (3). (6) To avoid doubt, a notice under subsection (5) may require an approved provider to give the Secretary information or documents whether or not the information or documents are required by or under the Act to be included in a report for the provider mentioned in paragraph (3)(a) or (b) of this section.