125Notice of possible variation of registration on Commissioner’s own initiative

125  Notice of possible variation of registration on Commissioner’s own initiative

 (1) Before the Commissioner decides to vary the registration of a registered provider under subsection 123(1) in a way that may have a significant adverse impact on the provider’s delivery of funded aged care services, the Commissioner must, by written notice, notify the registered provider that the Commissioner is considering making that decision.

Note: An example of a variation that would have a significant adverse impact on the provider’s delivery of funded aged care services includes the removal of an approved residential care home from the provider’s registration.

 (a) the decision is to:

 (i) vary or revoke a condition to which the registration is subject under section 143; or

 (ii) impose a new condition to which the registration is subject under that section; and

 (b) the Commissioner reasonably believes that, if the decision is not made, there will be an immediate and severe risk to the safety, health or well‑being of one or more individuals to whom the registered provider is delivering funded aged care services.

 (b) invite the registered provider to make submissions, in writing, to the Commissioner in relation to the matter within 14 days after receiving the notice, or such longer period as is specified in the notice; and

 (c) inform the registered provider that the Commissioner may, after considering any submissions made by the registered provider, decide to vary the registration of the registered provider.

 (4) The Commissioner must consider any submissions made by the registered provider in accordance with the notice.