63UApproved provider may be required to agree to certain matters if revocation of approval is being considered

#### 63U Approved provider may be required to agree to certain matters if revocation of approval is being considered (1) This section applies if: (a) the Commissioner is satisfied that an approved provider has not complied, or is not complying, with one or more of the aged care responsibilities of the provider (other than the responsibility referred to in paragraph 63‑1(1)(l) of the Aged Care Act); and (b) the Commissioner is satisfied that: (i) there is an immediate and severe risk to the safety, health and well‑being of care recipients to whom the provider is providing care as a result of the non‑compliance; or (ii) if the provider made submissions to the Commissioner in relation to the non‑compliance as required by a non‑compliance notice given to the provider—the submissions do not satisfy any of subparagraphs 63T(1)(c)(i), (ii) or (iii); or (iii) if the provider is required by a notice given to the provider under section 63T to give the Commissioner an undertaking in relation to the non‑compliance—the provider has failed to give the undertaking; or (iv) if the provider has given an undertaking as required by a notice given to the provider under section 63T—the provider has failed to comply with the undertaking; and (c) the Commissioner is considering imposing, under section 63N, a sanction on the provider for the non‑compliance; and (d) the sanction (the revocation sanction) is the revocation of the approval of the provider. (2) Before the Commissioner decides to impose, under section 63N, the revocation sanction on the approved provider in relation to the non‑compliance, the Commissioner may, by written notice: (a) require the provider to agree, in writing, to do any one or more things specified in the notice; and (b) inform the provider that, if the provider does not agree to do those specified things in accordance with the notice, the Commissioner will impose the revocation sanction on the provider in relation to the non‑compliance. > Note: Approved providers have a responsibility under paragraph 63‑1(1)(l) of the Aged Care Act to comply with the agreement. Failure to comply with that responsibility may result in a sanction being imposed under section 63N of this Act. (3) For the purposes of subsection (2), the following are the kinds of things that the Commissioner may require an approved provider to do in a notice given under that subsection: (a) to provide, at the provider’s expense and within the period specified in the notice, such training as is specified in the notice for the provider’s officers, employees and agents; (b) to provide, within the period specified in the notice, such security as is specified in the notice for any debts owed by the provider to the Commonwealth; (c) to appoint, within the period specified in the notice, an eligible adviser who has appropriate qualifications, skills or experience to assist the provider to comply with the provider’s aged care responsibilities in relation to either or both of the following matters: (i) the care and services provided by the provider; (ii) the governance and business operations of the provider; (d) to give an eligible adviser appointed by the provider for that purpose all the necessary information required by the adviser to provide that assistance; (e) to transfer, within the period specified in the notice, any or all of the places allocated to the provider under Part 2.2 of the Aged Care Act to another approved provider; (f) to do any other things specified in the rules. (4) The rules may specify matters that the Commissioner must take into account in specifying a period in a notice given under subsection (2) for the purposes of paragraph (3)(c).