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Residential Services (Accreditation) Act 2002
sec.54Amendment of accreditation by chief executive
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### sec.54 Amendment of accreditation by chief executive
The chief executive may amend the accreditation of a residential service at any time, without receiving an application from the service provider for the amendment, if the chief executive is satisfied—
the accreditation was obtained because of incorrect or misleading information and, based on the correct information, the chief executive would grant the accreditation in the amended form; or
the service provider has contravened a residential services Act, or an undertaking given by the service provider under part 9 , division 2 , in a way, or to an extent, that justifies the amendment; or
the amendment is appropriate having regard to a change involving the service provider, an associate of the service provider or the registered premises; or
for another reason, having regard to the accreditation criteria, the accreditation should be amended.
The chief executive must first give the service provider a notice ( show cause notice ) stating—
that the chief executive proposes to amend the accreditation; and
the proposed amendment; and
the reasons for the proposed amendment; and
that the service provider may, within a stated time of at least 28 days, give the chief executive a written response to the proposed amendment.
After considering any response from the service provider within the time stated in the show cause notice, the chief executive may make some or all of the proposed amendment.
If the chief executive decides not to amend the accreditation, the chief executive must give the service provider a notice of the decision.
At the service provider’s written request, or with the service provider’s written agreement, the chief executive may—
amend an accreditation without giving a show cause notice; or
amend an accreditation in a way that has not been stated in a show cause notice; or
amend an accreditation before the expiration of the time stated in a show cause notice for the service provider’s response to the proposed amendment.
(sec.54-ssec.1) The chief executive may amend the accreditation of a residential service at any time, without receiving an application from the service provider for the amendment, if the chief executive is satisfied— the accreditation was obtained because of incorrect or misleading information and, based on the correct information, the chief executive would grant the accreditation in the amended form; or the service provider has contravened a residential services Act, or an undertaking given by the service provider under part 9 , division 2 , in a way, or to an extent, that justifies the amendment; or the amendment is appropriate having regard to a change involving the service provider, an associate of the service provider or the registered premises; or for another reason, having regard to the accreditation criteria, the accreditation should be amended.
(sec.54-ssec.2) The chief executive must first give the service provider a notice ( show cause notice ) stating— that the chief executive proposes to amend the accreditation; and the proposed amendment; and the reasons for the proposed amendment; and that the service provider may, within a stated time of at least 28 days, give the chief executive a written response to the proposed amendment.
(sec.54-ssec.3) After considering any response from the service provider within the time stated in the show cause notice, the chief executive may make some or all of the proposed amendment.
(sec.54-ssec.4) If the chief executive decides not to amend the accreditation, the chief executive must give the service provider a notice of the decision.
(sec.54-ssec.5) At the service provider’s written request, or with the service provider’s written agreement, the chief executive may— amend an accreditation without giving a show cause notice; or amend an accreditation in a way that has not been stated in a show cause notice; or amend an accreditation before the expiration of the time stated in a show cause notice for the service provider’s response to the proposed amendment.
- (a) the accreditation was obtained because of incorrect or misleading information and, based on the correct information, the chief executive would grant the accreditation in the amended form; or
- (b) the service provider has contravened a residential services Act, or an undertaking given by the service provider under part 9 , division 2 , in a way, or to an extent, that justifies the amendment; or
- (c) the amendment is appropriate having regard to a change involving the service provider, an associate of the service provider or the registered premises; or
- (d) for another reason, having regard to the accreditation criteria, the accreditation should be amended.
- (a) that the chief executive proposes to amend the accreditation; and
- (b) the proposed amendment; and
- (c) the reasons for the proposed amendment; and
- (d) that the service provider may, within a stated time of at least 28 days, give the chief executive a written response to the proposed amendment.
- (a) amend an accreditation without giving a show cause notice; or
- (b) amend an accreditation in a way that has not been stated in a show cause notice; or
- (c) amend an accreditation before the expiration of the time stated in a show cause notice for the service provider’s response to the proposed amendment.