19Meaning of significant failure and systematic pattern of conduct

19  Meaning of significant failure and systematic pattern of conduct

 (1) A registered provider’s or responsible person of a registered provider’s conduct involves a significant failure if the conduct represents a significant departure from the conduct that could reasonably be expected from a registered provider or responsible person, having regard to the requirements registered providers and responsible persons are subject to under this Act.

 (2) In determining whether a registered provider’s or responsible person of a registered provider’s conduct is part of a systematic pattern of conduct, regard must be had to the following:

 (a) the number of times the provider’s or responsible person’s conduct has not complied with a provision of this Act (the relevant contraventions);

 (b) the period over which the relevant contraventions occurred;

 (c) the number of individuals affected by the relevant contraventions;

 (d) the provider’s or responsible person’s response, or failure to respond, to any complaints about the relevant contraventions.