109Registration and renewal requirements

109  Registration and renewal requirements

 (1) The Commissioner must not register, or renew the registration of, an entity as a registered provider unless the Commissioner is satisfied that:

 (a) the entity has an ABN; and

 (b) the entity is suitable to deliver funded aged care services having regard to the following:

 (i) the entity’s compliance with any law of the Commonwealth or any law of a State or Territory in which the entity operates (including any history of non‑compliance with such laws);

 (ii) whether a banning order or an NDIS banning order against the entity is, or has at any time been, in force;

 (iii) if the entity was previously a registered provider, an approved provider or a registered NDIS provider—whether that registration was revoked (other than on request by the entity);

 (iv) if the entity is a registered provider or a registered NDIS provider—whether that registration is suspended;

 (v) the entity’s previous experience and performance in delivering funded aged care services in the entity’s intended service types or other similar services;

 (vi) the entity’s legal and business structure, including whether the entity is an entity within the meaning of this Act;

 (vii) any other matter prescribed by the rules; and

 (c) if the entity is not a government entity—the entity:

 (i) has a record of sound financial management; and

 (ii) has systems that the entity uses, or proposes to use, in order to ensure sound financial management in relation to the delivery of the funded aged care services; and

 (d) each responsible person of the entity is suitable to deliver funded aged care services having regard to the suitability matters; and

 (e) the entity satisfies the requirements in subsection (2) for at least one of the provider registration categories specified in the entity’s application for registration or renewal (as the case requires); and

 (f) the entity satisfies any other requirements prescribed by the rules.

Provider registration category specific requirements

 (2) For each provider registration category specified in an entity’s application under subsection 104(1) (registration of providers) or 107(1) (renewal of registration), the Commissioner must be satisfied of the following before deciding to register, or renew the registration of, the entity in that provider registration category:

 (a) the entity’s intended service types include service types that are in the provider registration category and the entity intends to deliver those service types in the 3 year period after the application is made;

 (b) the entity has the commitment, capability and capacity (including through any systems the entity has, or proposes to have) to deliver funded aged care services, having regard to the intended service types;