40APerformance report prepared by Commissioner

40A Performance report prepared by Commissioner

(1) If the Commissioner is given, under subsection 40(3), a site audit report about a site audit of a residential service, the Commissioner must, within 28 days after the Commissioner is given the report: (a) prepare a written report (the performance report) about the service; and (b) give a copy of the performance report to the approved provider of the service. (2) In preparing the performance report, the Commissioner must take into account the following matters: (a) the site audit report; (b) any response to the site audit report given to the Commissioner by the approved provider of the service under subsection 40(5); (c) any relevant information given to the Commissioner, or to the assessment team for the site audit of the service: (i) by a care recipient, or former care recipient, of the service; or (ii) by a nominated representative of such a care recipient or former care recipient; (d) any relevant information about the approved provider of the service given to the Commissioner by the Secretary; (e) any other relevant matter. (3) The performance report: (a) must include an assessment of the approved provider’s performance, in relation to the residential service, against the Aged Care Quality Standards; and (b) may specify any areas in which improvements in relation to the residential service must be made to ensure the Aged Care Quality Standards are complied with; and (c) may also include any other matters the Commissioner considers relevant.