10Assessment of person with whom applicant has relevant key personnel in common

10 Assessment of person with whom applicant has relevant key personnel in common

(1) This section applies in relation to an application for extra service status if the applicant has relevant key personnel in common with a person (the associated person) who is or has been an approved provider.

Note: Subsection 32‑4(4) of the Act provides for the circumstances in which an applicant has relevant key personnel in common with a person who is or has been an approved provider.

(2) For subsection 32‑4(2) of the Act, the matters to which the Secretary must have regard in considering whether the criterion in paragraph 32‑4(1)(ca) of the Act is satisfied in relation to the associated person are as follows: (a) whether, during the 3 years immediately before the application was made, the associated person failed to comply with any responsibilities or obligations arising from the receipt of any payments from the Commonwealth for providing aged care; (b) if the associated person failed to comply with any responsibilities or obligations referred in paragraph (a) during the 3 years referred to in that paragraph: (i) the nature and extent of the non‑compliance; and (ii) the role of the relevant key personnel in common with the applicant in the non‑compliance; and (iii) the role of the relevant key personnel in common with the applicant in any rectification of the non‑compliance. (3) The Secretary may also have regard to any other relevant matter.