sec.35Compliance notice

### sec.35 Compliance notice This section applies if the chief executive reasonably believes a funded provider— is contravening a prescribed requirement; or has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated. The chief executive may give the provider a notice (a compliance notice ) requiring the provider to remedy the contravention. The compliance notice must state the following— that the chief executive reasonably believes the provider— is contravening a prescribed requirement; or has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated; the prescribed requirement the chief executive believes is being, or has been, contravened; briefly, how it is believed the prescribed requirement is being, or has been, contravened; that the provider must remedy the contravention within a stated reasonable time; that it is an offence to fail to comply with the compliance notice unless the provider has a reasonable excuse. The compliance notice may also state the steps that the chief executive reasonably believes are necessary to remedy the contravention, or avoid further contravention, of the prescribed requirement. The provider must comply with the compliance notice unless the provider has a reasonable excuse. Maximum penalty—20 penalty units. If the provider contravenes subsection (5) — the chief executive is not required to give any funding or further funding, to the provider under a funding agreement in force when the relevant compliance notice was given, despite any provision of the agreement; and the chief executive may include in the register a note about the contravention that the chief executive considers appropriate. This section does not limit— a remedy available to the chief executive under a funding agreement; or the chief executive’s powers apart from this section. s 35 amd 2013 No. 5 s 21 (sec.35-ssec.1) This section applies if the chief executive reasonably believes a funded provider— is contravening a prescribed requirement; or has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated. (sec.35-ssec.2) The chief executive may give the provider a notice (a compliance notice ) requiring the provider to remedy the contravention. (sec.35-ssec.3) The compliance notice must state the following— that the chief executive reasonably believes the provider— is contravening a prescribed requirement; or has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated; the prescribed requirement the chief executive believes is being, or has been, contravened; briefly, how it is believed the prescribed requirement is being, or has been, contravened; that the provider must remedy the contravention within a stated reasonable time; that it is an offence to fail to comply with the compliance notice unless the provider has a reasonable excuse. (sec.35-ssec.4) The compliance notice may also state the steps that the chief executive reasonably believes are necessary to remedy the contravention, or avoid further contravention, of the prescribed requirement. (sec.35-ssec.5) The provider must comply with the compliance notice unless the provider has a reasonable excuse. Maximum penalty—20 penalty units. (sec.35-ssec.6) If the provider contravenes subsection (5) — the chief executive is not required to give any funding or further funding, to the provider under a funding agreement in force when the relevant compliance notice was given, despite any provision of the agreement; and the chief executive may include in the register a note about the contravention that the chief executive considers appropriate. (sec.35-ssec.7) This section does not limit— a remedy available to the chief executive under a funding agreement; or the chief executive’s powers apart from this section. - (a) is contravening a prescribed requirement; or - (b) has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated. - (a) that the chief executive reasonably believes the provider— (i) is contravening a prescribed requirement; or (ii) has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated; - (i) is contravening a prescribed requirement; or - (ii) has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated; - (b) the prescribed requirement the chief executive believes is being, or has been, contravened; - (c) briefly, how it is believed the prescribed requirement is being, or has been, contravened; - (d) that the provider must remedy the contravention within a stated reasonable time; - (e) that it is an offence to fail to comply with the compliance notice unless the provider has a reasonable excuse. - (i) is contravening a prescribed requirement; or - (ii) has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated; - (a) the chief executive is not required to give any funding or further funding, to the provider under a funding agreement in force when the relevant compliance notice was given, despite any provision of the agreement; and - (b) the chief executive may include in the register a note about the contravention that the chief executive considers appropriate. - (a) a remedy available to the chief executive under a funding agreement; or - (b) the chief executive’s powers apart from this section.