134Notice of Commissioner initiated suspension or revocation

134  Notice of Commissioner initiated suspension or revocation

Notice of decision

 (1) The Commissioner must notify a registered provider, in writing, of a decision to suspend or revoke the registration of the provider under subsection 129(1) or 131(1) within 14 days after the day the decision is made.

 (c) how the registered provider may apply for reconsideration of the decision; and

 (d) if the decision is to suspend the registration of the registered provider:

 (i) the day the suspension takes effect (which must not be earlier than the day the notice is given); and

 (ii) the period for which the suspension is in force.

 (3) The period specified under subparagraph (2)(d)(ii) must either:

 (a) not be longer than 90 days; or

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

Notice of revocation day

 (4) Subject to subsection (6), if the decision is to revoke the registration of the registered provider, the Commissioner must also give the provider a written notice that specifies the day (the revocation day) on which the revocation of the provider’s registration takes effect.

 (5) The notice under subsection (4):

 (a) must be given at least 7 days before the revocation day; and

 (b) may be given at the same time the notice under subsection (1) is given to the registered provider or at a later time.

 (6) The Commissioner must not give a notice under subsection (4) to the registered provider unless the Commissioner is satisfied that appropriate arrangements are in place to ensure continuity of care for individuals to whom the provider is delivering funded aged care services.

Note: A registered provider must comply with any requirements prescribed by the rules relating to continuity of funded aged care services for individuals: see section 149.