483Contents of compliance notices—general

483  Contents of compliance notices—general

  A compliance notice given to a registered provider must set out the following:

 (b) brief details of the non‑compliance or possible non‑compliance;

 (c) action that the provider must take, or refrain from taking, to address the non‑compliance or possible non‑compliance;

 (d) a reasonable period within which the provider must take, or refrain from taking, the action;

 (e) a reasonable period within which the provider must give the Commissioner or the System Governor (as applicable) a written response in relation to the notice;

 (f) that a failure to comply with the notice is subject to a civil penalty under section 487;

 (g) the actions that the Commissioner or the System Governor (as applicable) may take under this Act in response to a failure to comply with the notice;

 (h) any other matters prescribed by the rules.

484  Contents of compliance notices—additional content for notices given by Commissioner in relation to significant failures or systematic patterns of conduct

  If the Commissioner is satisfied that non‑compliance by a registered provider is conduct that:

 (a) involves a significant failure; or

 (b) is part of a systematic pattern of conduct;

a compliance notice given to the provider by the Commissioner in relation to the non‑compliance must also set out that the Commissioner is so satisfied and brief reasons that the Commissioner is so satisfied.

Note: See the definitions of significant failure and systematic pattern of conduct in section 19. See also the registered provider and responsible person duties in sections 179 and 180.

Subdivision B—Varying or revoking compliance notices

485  Commissioner may vary or revoke compliance notices

 (1) The Commissioner may, by written notice given to a registered provider, vary or revoke a compliance notice given to the provider by the Commissioner if the Commissioner considers that it is appropriate in all the circumstances to do so.

 (2) In deciding whether to vary or revoke a compliance notice given to a registered provider, the Commissioner must consider any written response received from the provider before the end of the period set out in the notice under paragraph 483(e).

486  System Governor may vary or revoke compliance notices

 (1) The System Governor may, by written notice given to a registered provider, vary or revoke a compliance notice given to the provider by the System Governor if the System Governor considers that it is appropriate in all the circumstances to do so.

 (2) In deciding whether to vary or revoke a compliance notice given to a registered provider, the System Governor must consider any written response received from the provider before the end of the period set out in the notice under paragraph 483(e).