63NCommissioner may impose sanctions for non‑compliance with aged care responsibilities

#### 63N Commissioner may impose sanctions for non‑compliance with aged care responsibilities (1) The Commissioner may impose one or more sanctions of a kind mentioned in section 63R on an approved provider if: (a) the Commissioner is satisfied that the provider has not complied, or is not complying, with one or more of the aged care responsibilities of the provider; and (b) the Commissioner is satisfied that it is appropriate to impose those sanctions on the provider. > Note 1: The approved provider may request the Commissioner to reconsider the decision under Part 8B. > Note 2: In certain circumstances, the Commissioner must give a notice under section 63S before deciding to impose a sanction under this section. (1A) The Commissioner may do so even if the Commissioner has given the approved provider a compliance notice in relation to the non‑compliance (regardless of whether the provider has complied with the notice). Commissioner must consider certain matters (2) In deciding whether an approved provider has not complied, or is not complying, with the aged care responsibility referred to in paragraph 63‑1(1)(a) or (h) of the Aged Care Act, the Commissioner may have regard to any information provided by the Secretary in relation to that matter. (3) In deciding whether it is appropriate to impose sanctions on an approved provider for non‑compliance with one or more of the aged care responsibilities of the provider, the Commissioner must consider the following matters: (a) whether the non‑compliance is of a minor or serious nature; (b) whether the non‑compliance has occurred previously and, if so, how many times it has previously occurred; (c) whether the non‑compliance threatens the health, welfare or interests of the care recipients to whom the provider is providing care; (d) whether the non‑compliance would threaten the health, welfare or interests of care recipients to whom the provider may provide care in the future; (e) if the provider has given an undertaking as required by a notice given to the provider under section 63T—whether or not the provider has complied with the undertaking; (f) if the provider has agreed to do one or more things as required by a notice given to the provider under section 63U—whether or not the provider has complied with the agreement; (fa) if the provider has given an undertaking under section 114 of the Regulatory Powers Act in relation to the non‑compliance (as applied by section 74EC of this Act)—whether or not the provider has complied with the undertaking; (fb) if the provider has been given a compliance notice in relation to the non‑compliance—whether or not the provider has complied with the notice; (g) the desirability of deterring future non‑compliance; (h) any other matters specified in the rules. (4) However, the Commissioner must give paramount consideration to the matters specified in paragraphs (3)(c) and (d). Notice of decision to impose sanctions (5) If the Commissioner decides to impose, under subsection (1), one or more sanctions on an approved provider in relation to the provider’s non‑compliance with one or more aged care responsibilities, the Commissioner must, within 14 days after making the decision, give the provider a written notice that: (a) sets out the decision; and (b) sets out the reasons for the decision; and (c) sets out the details of the provider’s non‑compliance; and (d) specifies each of the sanctions and sets out the effect each sanction will have on the provider; and (e) if a sanction is to revoke or suspend the allocation of some or all of the places allocated to the provider under Part 2.2 of the Aged Care Act—specifies the number of those places subject to the sanction; and (f) specifies the day on which each of the sanctions comes into effect; and (g) if a sanction is to cease to have effect on a particular day: (i) specifies that day; and (ii) sets out the effect of Division 4 of this Part (which deals with the lifting of sanctions). > Note: In certain circumstances, the Commissioner must comply with sections 63P and 63Q in specifying a day for the purposes of paragraph (f) of this subsection. (6) The rules may specify matters that the Commissioner must have regard to in doing any one or more of the following: (a) specifying a day under paragraph (5)(f) in relation to a sanction; (b) deciding whether or not to specify a day under subparagraph (5)(g)(i) in relation to a sanction; (c) specifying a day under subparagraph (5)(g)(i) in relation to a sanction.