48Matters to consider before making declaration

48 Matters to consider before making declaration

(1) In deciding whether or not to make a declaration in relation to a person, the Regulator must consider the following matters: (a) the nature and extent of the adverse finding identified in an inspection report; (b) the circumstances relating to the adverse finding; (c) whether the person has rectified the problems surrounding the adverse finding; (d) the extent to which the person has cooperated with inspectors and the Regulator with respect to the adverse finding; (e) any other matters the Regulator considers relevant. (2) Before making a declaration, the Regulator must: (a) allow the person a reasonable opportunity to comment on the proposed declaration; and (b) take account of any comments provided by the person in relation to the proposed declaration.