9Applicant’s record of conduct as a provider of aged care

9 Applicant’s record of conduct as a provider of aged care

(1) This section applies in relation to an application for extra service status if the applicant has been a provider of aged care. (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)(c) of the Act is satisfied in relation to the applicant are as follows: (a) whether, during the 3 years immediately before the application was made, the applicant complied with its responsibilities under Parts 4.1, 4.2 and 4.3 of the Act in respect of aged care services operated by the applicant; (b) if the applicant failed to comply with any of the responsibilities referred to in paragraph (a) during the 3 years referred to in that paragraph: (i) the nature and extent of the non‑compliance; and (ii) the impact of the non‑compliance on the health, welfare or interests of care recipients; and (iii) the action taken by the applicant to remedy the non‑compliance and the effectiveness of that action. (3) The Secretary may also have regard to any other relevant matter.