133Registered provider may be required to agree to certain matters if revocation is being considered

133  Registered provider may be required to agree to certain matters if revocation is being considered

 (1) This section applies if the Commissioner:

 (a) is considering revoking the registration of a registered provider under subsection 131(1); and

 (b) has given the provider a notice under subsection 132(1); and

 (c) has considered any submissions made by the provider in accordance with the notice.

 (2) Before the Commissioner decides to revoke the registration, the Commissioner may, by written notice:

 (a) require the provider to agree, in writing, to do any one or more things specified in the notice; and

 (b) inform the provider that, if the provider does not agree to do those specified things in accordance with the notice, the Commissioner will revoke the registration.

Note: The Commissioner may also impose a condition on the provider under section 143 to comply with the agreement. Failure to comply with that condition may result in a contravention of subsection 142(3) or (4).

 (3) For the purposes of subsection (2), the following are the kinds of things that the Commissioner may require a registered provider to do in a notice given under that subsection:

 (a) to appoint, within the period specified in the notice and with the agreement of the Commissioner, a person (an eligible adviser) who has appropriate qualifications, skills or experience to assist the provider to comply with the provider’s conditions and obligations under Part 4 in relation to either or both of the following matters:

 (i) the funded aged care services delivered by the provider;

 (ii) the governance and business operations of the provider;

 (b) to give an eligible adviser appointed by the provider for that purpose all the necessary information required by the adviser to provide that assistance;

 (c) to do any other things prescribed by the rules.

 (4) The rules may:

 (a) prescribe one or more classes of persons who must not be appointed by a registered provider as an eligible adviser; and

 (b) specify matters that the Commissioner must take into account in specifying a period in a notice given under subsection (2) for the purposes of paragraph (3)(a).