175Registered nurses

175  Registered nurses

 (1) A registered provider must ensure that at least one registered nurse is on site, and on duty, at all times at an approved residential care home of the registered provider.

 (a) the System Governor grants the registered provider an exemption in accordance with any rules made for the purposes of subsection (3); or

 (b) the registered provider is delivering funded aged care services at the approved residential care home only under a specialist aged care program that is prescribed by the rules.

 (3) The rules may make provision for, or in relation to, the granting of an exemption to the requirement in subsection (1).

 (4) Without limiting subsection (3), rules made for the purposes of that subsection must:

 (a) provide for the circumstances in which an exemption from subsection (1) may be granted (on application or otherwise) to a registered provider in relation to an approved residential care home; and

 (b) provide that before granting such an exemption, the System Governor must be satisfied that the provider has taken reasonable steps to ensure that the clinical care needs of the individuals residing in the approved residential care home will be met during the period for which the exemption is in force; and

 (c) provide that such an exemption that is granted to a registered provider in relation to an approved residential care home must not be in force for more than 12 months; and

 (d) provide that more than one such exemption may be granted to a registered provider in relation to an approved residential care home; and

 (e) provide for the conditions that may apply to such an exemption that is granted to a registered provider in relation to an approved residential care home.

 (5) If an exemption from subsection (1) is granted to a registered provider in relation to an approved residential care home, the System Governor must make publicly available information about the exemption, including:

 (a) the name of the registered provider and the approved residential care home; and

 (b) the period for which the exemption is in force; and

 (c) any conditions that apply to the exemption; and

 (d) any other information of a kind prescribed by the rules.