sec.38Requirement to be accredited at level 3

### sec.38 Requirement to be accredited at level 3 The due day for applying for the level 3 accreditation of a residential service (the due day ) is— the day that is 3 months after the service provider starts providing a personal care service in the course of the residential service; or if an extension is granted under section 46 , the due day stated in the notice given under that section. For subsection (1) (a) , a personal care service is taken to continue during any break in the service of less than 30 days. A service provider starts providing a personal care service on 1 January, stops providing the personal care service on 15 January and resumes providing the personal care service on 1 February. The personal care service is taken to have continued since 1 January, so the due day is 1 July. After the due day, a service provider must not provide a personal care service in the course of conducting a residential service unless the residential service is accredited at level 3. Maximum penalty—200 penalty units. However, if an application for the level 3 accreditation of a residential service is current on the due day, subsection (3) does not apply to the service until— if the application is withdrawn or lapses—the day of the withdrawal or lapse; or if the chief executive decides the application by accrediting the service—the day the service is accredited; or if the chief executive decides the application by refusing to accredit the service—the day stated in the notice given under section 47 (6) . An offence against subsection (3) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (3) —5 penalty units. s 38 amd 2017 No. 42 s 68 (sec.38-ssec.1) The due day for applying for the level 3 accreditation of a residential service (the due day ) is— the day that is 3 months after the service provider starts providing a personal care service in the course of the residential service; or if an extension is granted under section 46 , the due day stated in the notice given under that section. (sec.38-ssec.2) For subsection (1) (a) , a personal care service is taken to continue during any break in the service of less than 30 days. A service provider starts providing a personal care service on 1 January, stops providing the personal care service on 15 January and resumes providing the personal care service on 1 February. The personal care service is taken to have continued since 1 January, so the due day is 1 July. (sec.38-ssec.3) After the due day, a service provider must not provide a personal care service in the course of conducting a residential service unless the residential service is accredited at level 3. Maximum penalty—200 penalty units. (sec.38-ssec.4) However, if an application for the level 3 accreditation of a residential service is current on the due day, subsection (3) does not apply to the service until— if the application is withdrawn or lapses—the day of the withdrawal or lapse; or if the chief executive decides the application by accrediting the service—the day the service is accredited; or if the chief executive decides the application by refusing to accredit the service—the day stated in the notice given under section 47 (6) . (sec.38-ssec.5) An offence against subsection (3) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (3) —5 penalty units. - (a) the day that is 3 months after the service provider starts providing a personal care service in the course of the residential service; or - (b) if an extension is granted under section 46 , the due day stated in the notice given under that section. - (a) if the application is withdrawn or lapses—the day of the withdrawal or lapse; or - (b) if the chief executive decides the application by accrediting the service—the day the service is accredited; or - (c) if the chief executive decides the application by refusing to accredit the service—the day stated in the notice given under section 47 (6) .