178AOffences relating to non‑permitted use of accommodation bonds

178A  Offences relating to non‑permitted use of accommodation bonds

Offence for registered provider

 (b) the entity uses an accommodation bond; and

 (c) the use of the accommodation bond is not permitted by rules made for the purposes of paragraph 287(3)(a); and

 (d) at a particular time during the period of 5 years after the use of the accommodation bond, both of the following apply:

 (i) an insolvency event (within the meaning of the Aged Care (Accommodation Payment Security) Act 2006) occurs in relation to the entity;

 (ii) there is at least one outstanding accommodation payment balance (within the meaning of that Act) for the entity.

Offence for responsible persons

 (a) the person is a responsible person of a registered provider (the entity); and

 (b) the entity uses an accommodation bond; and

 (c) the use of the accommodation bond is not permitted by rules made for the purposes of paragraph 287(3)(a); and

 (d) the person knew that, or was reckless or negligent as to whether:

 (i) the accommodation bond would be used; and

 (ii) the use of the accommodation bond was not permitted; and

 (e) the person was in a position to influence the conduct of the entity in relation to the use of the accommodation bond; and

 (f) the person failed to take all reasonable steps to prevent the use of the accommodation bond; and

 (g) at a particular time during the period of 5 years after the use of the accommodation bond, both of the following apply:

 (i) an insolvency event (within the meaning of the Aged Care (Accommodation Payment Security) Act 2006) occurs in relation to the entity;

 (ii) there is at least one outstanding accommodation payment balance (within the meaning of that Act) for the entity; and

 (h) at the time the accommodation bond was used, the entity was a corporation.

Strict liability

 (3) Strict liability applies to paragraphs (1)(d) and (2)(g) and (h).

Part 5—Statutory duty and compensation

Division 1—Provider and responsible person duties

179  Registered provider duty

 (1) A registered provider must ensure, so far as is reasonably practicable, that the conduct of the provider does not cause adverse effects to the health and safety of individuals to whom the provider is delivering funded aged care services while the provider is delivering those services.

 (2) In this Act, reasonably practicable, in relation to a duty imposed under this Part, means that which is, or was at a particular time, reasonably able to be done, taking into account and weighing up all relevant matters including: