157Membership of governing bodies

157  Membership of governing bodies

 (1) Subsection (2) applies to a registered provider other than a registered provider that is:

 (a) a government entity; or

 (b) a local government authority.

 (2) Subject to subsections (3) and (4), it is a condition of registration that a registered provider must ensure that:

 (a) if the provider is a registered provider of a kind prescribed by the rules—a majority of the members of the governing body of the provider are independent non‑executive members; and

 (b) if the provider is a registered provider of a kind prescribed by the rules—at least one member of the governing body of the provider has experience in the provision of clinical care.

 (3) Subsection (2) does not apply in relation to a registered provider at a particular time if both of the following apply at that time:

 (a) the governing body of the provider has fewer than 5 members;

 (b) the provider delivers funded aged care services to fewer than 40 individuals.

 (4) Paragraph (2)(a) or (b) does not apply in relation to a registered provider at a particular time if a determination under section 159 that the requirement set out in that paragraph does not apply in relation to the provider is in force at that time.

 (5) It is a condition of registration that a registered provider of a kind prescribed by the rules must comply with any requirements relating to membership of governing bodies prescribed by the rules.