39‑3A Secretary may issue notice to rect39‑3A Secretary may issue notice to rectify

#### 39‑3A Secretary may issue notice to rectify (1) This section applies if: (a) the Secretary has notified an approved provider under subsection 39‑3(2) that the Secretary is considering revoking the \*certification of the approved provider’s residential care service because the service has ceased to be suitable for certification; and (b) the approved provider has made submissions to the Secretary in accordance with the invitation under paragraph 39‑3(2)(b); and (c) the Secretary is satisfied that the submissions: (i) propose appropriate action to rectify the unsuitability of the service; or (ii) set out sufficient reason for the unsuitability. (2) The Secretary may give the approved provider a notice in accordance with subsection (3). (3) The notice must be in writing and must: (a) inform the approved provider that, within 14 days after the date of the notice, or within such shorter period as is specified in the notice, the approved provider must give a written undertaking to the Secretary to rectify the unsuitability of the service; and (b) inform the approved provider that the \*certification will be revoked at the time specified in the notice if the undertaking is not given or complied with. (4) The undertaking must: (a) be in a form approved by the Secretary; and (b) contain a description and acknowledgement of the unsuitability of the service; and (c) set out the action the approved provider proposes to take to rectify the unsuitability of the service; and (d) set out the period within which such action will be taken; and (e) contain an acknowledgement that a failure by the approved provider to comply with the undertaking will result in the \*certification being revoked. (5) If the approved provider fails to give the undertaking within the specified time or fails to comply with the undertaking, the Secretary must: (a) revoke the \*certification; and (b) give the approved provider written notice of the revocation.