131Revocation of registration

131  Revocation of registration

Revocation on Commissioner’s own initiative

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

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

 (b) 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 is satisfied 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 is satisfied that the responsible persons of the entity are no longer suitable to deliver funded aged care services, having regard to:

 (i) the suitability matters; and

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

 (2) In deciding whether to revoke 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.

Revocation at the request of registered provider

 (3) The Commissioner may, in writing, revoke the registration of an entity as a registered provider if the entity requests the Commissioner, in writing, to revoke the registration.

 (4) In deciding whether to revoke the registration of an entity under subsection (3), the Commissioner must consider whether appropriate arrangements are in place to ensure continuity of care for individuals to whom the provider is delivering funded aged care services.

Note: The rules may provide that certain requirements under this Act continue to apply in relation to an entity that has ceased to be a registered provider: see subsections 602(8) and (9).