175Functions and powers of administrator

175 Functions and powers of administrator

(1) An administrator appointed under this Division has all the functions and powers specified in the appointment.

(2) For the purposes of subsection (1), the appointment may include any of the following functions—

(a) to control the provider's business, property and affairs;

(b) to ensure that there is a process for consultation and decision-making to enable the continuity of the social service provider as a whole;

(c) in the case of a residential service, to relocate residents.

(3) During the administration period, an administrator may do any thing necessary or desirable for the purpose of carrying out the administrator's functions as an administrator in the name of, or as agent of, the provider.

(4) Without limiting subsection (3), an administrator may do any of the following—

(a) enter and occupy the provider's premises;

(b) manage and operate the provider;

(c) put into place a financial management system in relation to the provider, including—

(i) receiving fees from or on behalf of a service user; and

(ii) receiving money from or on behalf of a service user as an allowance and appropriately distributing that money to the service user or using it for the benefit of the service user; and

(iii) establishing and maintaining a trust account at an ADI into which money received from or on behalf of service users may be paid; and

(iv) making payments in relation to the exercise of any power of the administrator;

(d) inspect and take possession of any document in connection with the operation and management of the provider;

(e) use, repair or replace any equipment or facilities of the provider;

(f) prepare and distribute to service users for consumption any food stored at the provider's premises;

(g) enter into or renew any contract for the provision of goods or services or any lease contract or any contract of insurance in relation to the operation and management of the provider;

(h) engage new members of staff or dismiss members of staff of the provider;

(i) appoint or engage any legal practitioner, accountant or other professionally qualified person to assist the administrator;

(j) by notice in writing, require a report containing the information specified in the notice as to the business affairs of the provider to be prepared by—

(i) the provider; or

(ii) any employee of the provider; or

(iii) in the case of a provider that is a body corporate, a director or an officer of the provider.