543Retention of records by former registered provider

543  Retention of records by former registered provider

 (a) the entity has ceased to be a registered provider of a kind prescribed by the rules; and

 (b) the entity fails to retain for 7 years after that cessation a record; and

 (c) immediately before that cessation, it was a condition of the entity’s registration as a registered provider that the entity retain the record; and

 (d) the record relates to a funded aged care service the entity delivered as a registered provider.

 (2) Subsection (1) does not apply in relation to a record the entity was required to transfer to someone else when or after the entity ceased to be a registered provider.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.

Part 4—Information sharing

Division 1—Publication by System Governor

544  System Governor must publish information about funded aged care services generally

 (1) The System Governor must publish in accordance with the rules information relating to funded aged care services.

 (2) Without limiting subsection (1), the rules may provide for one or more of the following:

 (a) information that must be published about:

 (i) funded aged care services; or

 (ii) registered providers delivering those services; or

 (iii) responsible persons of those registered providers;

 (b) the ways in which information must be published;

 (c) the period within which information must be published.

 (3) Information published under subsection (1) must not include personal information about an individual who is not a registered provider or a responsible person of a registered provider.