173Regulator may appoint administrator to provider

173 Regulator may appoint administrator to provider

(1) Subject to subsections (2) and (3), the Regulator may appoint an administrator to take over any of the functions of a social service provider if—

(a) the provider is required to be registered in respect of the social services being provided but is not registered; or

(b) the provider's registration has been suspended under section 170; or

(c) the provider's registration has been revoked under section 172, or the Regulator has served on the provider a notice of intention to revoke the registration under section 172(2)(a); or

(d) the Regulator reasonably believes that the appointment of an administrator is necessary to protect the interests of the service users.

Examples

1 The wellbeing of service users is compromised or is likely to be compromised.

2 The rights of service users are compromised or are likely to be compromised.

3 The provider has significantly or repeatedly contravened this Act or the regulations.

4 In the case of a residential service, the provider dies or is incapable of managing and operating the residential service.

(2) The Regulator must not appoint an administrator under subsection (1) unless the Regulator is satisfied that it is necessary to appoint an administrator to ensure that social services—

(a) continue to be provided to service users, whether or not by the relocation of the residents; and

(b) are provided in accordance with this Act or the regulations.

(3) Before appointing an administrator under subsection (1), the Regulator must—

(a) give to the provider a written notice stating—

(i) the Regulator's intention to appoint an administrator and the grounds for doing so; and

(ii) that the provider may make oral or written submissions to the Regulator regarding the intended appointment within the period specified in the notice; and

(4) The Regulator may appoint an administrator to a social service provider at the request of the provider.

(5) The appointment of an administrator must be in writing and specify—

(a) the functions and powers the administrator; and

(b) any other prescribed information.