Aged Care Act 2024
49Suspension of registration
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49 Suspension of registration
When a registration may be suspended
(1) The System Governor may suspend the registration of a person as a supporter of an individual if:
(a) the System Governor reasonably believes that the supporter has caused, or is likely to cause, physical, sexual, financial, psychological or emotional abuse or neglect to the individual; or
(b) the System Governor reasonably believes that the supporter has used information provided to the supporter under subsection 29(1) other than under, or for the purposes of, this Act; or
(c) the System Governor reasonably believes that the supporter has not complied with, or is not able to comply with a duty of supporters referred to in subsection 30(1) that applies to the supporter; or
(d) a circumstance set out in subsection (2) or (3) exists; or
(e) another circumstance prescribed by the rules exists in relation to the supporter.
(2) The circumstance is that:
(a) the supporter informs the System Governor under section 31 that:
(i) an event or change of circumstances has happened or is likely to happen; and
(ii) the event or change of circumstances is likely to have an effect as described in paragraph 31(1)(b); and
(b) the System Governor reasonably believes that the event or change of circumstances is likely to affect:
(i) the ability or capacity of the supporter to act as a supporter of the individual, including complying with the duties referred to in subsection 30(1) that apply to the supporter; or
(ii) the ability of the System Governor to contact the supporter for the purposes of this Act; or
(iii) the ability or capacity of the supporter to comply with notices given to, and imposing requirements on, the supporter by the System Governor under, or for the purposes of, this Act.
(3) The circumstance is that there is a change in relation to a person covered by subsection 28(2) (which deals with guardians and persons in other similar positions) in relation to the individual.
Note: Examples of changes include a change as to whether there is such a person in relation to the individual, or a change to who the person is.
Effect of suspension of registration
(4) While a person’s registration as a supporter of an individual is suspended, the registration has no effect for the purposes of this Act.