167Change in circumstances

167  Change in circumstances

 (1) A registered provider of a kind prescribed by the rules must give notice to the Commissioner of any change of a kind prescribed by the rules in accordance with any requirements prescribed by the rules.

 (2) If circumstances prescribed by the rules apply, a notice under subsection (1) must also be given to the System Governor.

 (3) Without limiting subsection (1), the rules may prescribe that a registered provider must give notice of a change in relation to the following:

 (a) a change of circumstances or an event that materially affects the provider’s suitability to be a registered provider taking into account the matters referred to in paragraph 109(1)(b) (which deals with suitability of registered providers);

 (b) a change of circumstances that relates to a suitability matter in relation to a responsible person of the provider;

 (c) a change in the responsible persons of the provider;

 (d) a significant change in the organisation or governance arrangements of the provider;

 (e) a significant change in the scale of the provider in relation to the funded aged care services delivered by the provider;

 (f) a change in the service types delivered by the provider;

 (g) specified changes relating to the associated providers of the provider;

 (h) specified changes to an approved residential care home;

 (i) specified financial and prudential matters.

Note: See section 13 for the definition of suitability matter.

 (4) A notice under subsection (1) or (2) must:

 (a) be given within 14 days after the registered provider becomes aware of the change in circumstances; and

 (b) be in an approved form; and

 (c) include any information prescribed by the rules in relation to a change of circumstances or event of a kind prescribed by the rules.

 (5) An entity contravenes this subsection if:

 (b) the entity fails to comply with subsection (1) or (2).