129Suspension of registration

129  Suspension of registration

Suspension on Commissioner’s own initiative

 (1) The Commissioner may, in writing, suspend the registration of an entity as a registered provider for a specified period if:

 (a) the Commissioner reasonably believes that the entity has contravened, is contravening, or is proposing to contravene, this Act; or

 (b) the Commissioner reasonably believes that the application for registration by the entity contained information that was false or misleading in a material particular; or

 (c) the entity is an insolvent under administration; or

 (d) the Commissioner reasonably believes that the entity is no longer suitable to deliver funded aged care services, having regard to:

 (i) the matters referred to in paragraph 109(1)(b); and

 (e) the Commissioner reasonably believes that the responsible persons of the entity are no longer suitable to be involved in the delivery of funded aged care services, having regard to:

 (i) the suitability matters; and

 (f) a circumstance exists that is a circumstance prescribed by the rules.

Note 1: The conditions and obligations under Part 4 continue to apply to the entity during the suspension: see section 130.

Note 2: For suitability matters in relation to individuals, see section 13.

 (2) The period specified under subsection (1) must either:

 (a) not be longer than 90 days; or

 (b) be expressed to end upon the entity satisfying a specified condition.

 (3) To avoid doubt, subsection (2) does not prevent the Commissioner suspending the registration of an entity as a registered provider more than once.

 (4) In deciding whether to suspend the registration of an entity under subsection (1), the Commissioner must have regard to the following matters:

 (a) the nature, significance and persistence of any contravention, or proposed contravention, of this Act;

 (b) action that can be taken to address any contravention, or proposed contravention, of this Act;

 (c) the extent (if any) to which the entity is delivering funded aged care services in a way that may cause harm to, or jeopardise, public trust in the Commonwealth aged care system;

 (d) the safety, health or wellbeing of individuals accessing funded aged care services delivered by the entity;

 (e) any other matter the Commissioner considers relevant.

Suspension at the request of registered provider

 (5) The Commissioner may, in writing, suspend the registration of an entity as a registered provider for a specified period if the entity requests the Commissioner, in writing, to suspend the registration.