sec.153Compliance notice

### sec.153 Compliance notice This section applies if the chief executive reasonably believes the service provider for a residential service— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated. The chief executive may give the service provider a notice (a compliance notice ) requiring the service provider to remedy the contravention. The compliance notice must state the following— that the chief executive reasonably believes the service provider— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; the provision the chief executive believes is being, or has been, contravened (the relevant provision ); briefly, how it is believed the relevant provision is being, or has been, contravened; that the service 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 service 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 relevant provision. The service provider must comply with the compliance notice unless the service provider has a reasonable excuse. Maximum penalty—the maximum penalty for contravening the relevant provision. The service provider can not be prosecuted for an offence against the relevant provision unless the service provider fails to comply with the compliance notice and does not have a reasonable excuse for the noncompliance. The compliance notice may state other matters the chief executive considers appropriate. The compliance notice may refer to the chief executive’s powers under this Act to amend or cancel accreditation of the service. (sec.153-ssec.1) This section applies if the chief executive reasonably believes the service provider for a residential service— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated. (sec.153-ssec.2) The chief executive may give the service provider a notice (a compliance notice ) requiring the service provider to remedy the contravention. (sec.153-ssec.3) The compliance notice must state the following— that the chief executive reasonably believes the service provider— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; the provision the chief executive believes is being, or has been, contravened (the relevant provision ); briefly, how it is believed the relevant provision is being, or has been, contravened; that the service 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 service provider has a reasonable excuse. (sec.153-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 relevant provision. (sec.153-ssec.5) The service provider must comply with the compliance notice unless the service provider has a reasonable excuse. Maximum penalty—the maximum penalty for contravening the relevant provision. (sec.153-ssec.6) The service provider can not be prosecuted for an offence against the relevant provision unless the service provider fails to comply with the compliance notice and does not have a reasonable excuse for the noncompliance. (sec.153-ssec.7) The compliance notice may state other matters the chief executive considers appropriate. The compliance notice may refer to the chief executive’s powers under this Act to amend or cancel accreditation of the service. - (a) is contravening a provision of this Act; or - (b) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated. - (a) that the chief executive reasonably believes the service provider— (i) is contravening a provision of this Act; or (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; - (i) is contravening a provision of this Act; or - (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; - (b) the provision the chief executive believes is being, or has been, contravened (the relevant provision ); - (c) briefly, how it is believed the relevant provision is being, or has been, contravened; - (d) that the service 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 service provider has a reasonable excuse. - (i) is contravening a provision of this Act; or - (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated;