sec.38BBinding instructions to rectify noncompliance

### sec.38B Binding instructions to rectify noncompliance The registrar may give a registered provider written instructions (the binding instructions ) about the way in which the provider is to address a matter that is the subject of a notice of noncompliance the registrar has given the provider. A decision by the registrar to issue binding instructions to a registered provider is reviewable—see section 63 (2) (e) . The registrar may give more than 1 set of binding instructions for a notice of noncompliance. The registered provider and each relevant person for the provider must comply with the binding instructions within the period, if any, stated in the instructions. A failure to comply with subsection (3) is not an offence but is a ground for the registrar to give a registered provider a notice of intention to cancel the provider’s registration. In deciding whether to give binding instructions to the registered provider the registrar must— consider the interests of any tenants of the provider; and if the provider is a national provider—take all steps reasonably practicable to obtain the views of a regulatory body the registrar considers has a relevant interest in the matter. in considering whether to give binding instructions under this section to a national provider that is a company limited by shares under the Corporations Act 2001 (Cwlth) , the registrar takes steps to obtain the views of the Australian Securities and Investments Commission In this section— relevant person , for a registered provider, means— a member of the provider’s governing body; or an officer or employee of the provider. s 38B ins 2013 No. 5 s 23 (sec.38B-ssec.1) The registrar may give a registered provider written instructions (the binding instructions ) about the way in which the provider is to address a matter that is the subject of a notice of noncompliance the registrar has given the provider. A decision by the registrar to issue binding instructions to a registered provider is reviewable—see section 63 (2) (e) . (sec.38B-ssec.2) The registrar may give more than 1 set of binding instructions for a notice of noncompliance. (sec.38B-ssec.3) The registered provider and each relevant person for the provider must comply with the binding instructions within the period, if any, stated in the instructions. A failure to comply with subsection (3) is not an offence but is a ground for the registrar to give a registered provider a notice of intention to cancel the provider’s registration. (sec.38B-ssec.4) In deciding whether to give binding instructions to the registered provider the registrar must— consider the interests of any tenants of the provider; and if the provider is a national provider—take all steps reasonably practicable to obtain the views of a regulatory body the registrar considers has a relevant interest in the matter. in considering whether to give binding instructions under this section to a national provider that is a company limited by shares under the Corporations Act 2001 (Cwlth) , the registrar takes steps to obtain the views of the Australian Securities and Investments Commission (sec.38B-ssec.5) In this section— relevant person , for a registered provider, means— a member of the provider’s governing body; or an officer or employee of the provider. - (a) consider the interests of any tenants of the provider; and - (b) if the provider is a national provider—take all steps reasonably practicable to obtain the views of a regulatory body the registrar considers has a relevant interest in the matter. Example for paragraph (b) — in considering whether to give binding instructions under this section to a national provider that is a company limited by shares under the Corporations Act 2001 (Cwlth) , the registrar takes steps to obtain the views of the Australian Securities and Investments Commission - (a) a member of the provider’s governing body; or - (b) an officer or employee of the provider.