Aged Care (Consequential and Transitional Provisions) Act 2024 (109 of 2024)

Schedule 2   Application, saving and transitional provisions

Part 3   Transitional provisions for Chapter 3 of the new Act

Division 1   Provider registration

11   Suspensions of provider approvals

Notices about suspension sanctions

(1) If:

(a) an entity is, because of subitem 5(1) of this Schedule, taken to be a registered provider under paragraph 105(1)(a) of the new Act; and

(b) a non-compliance notice (within the meaning of the Commission Act) notifying the entity that the Commissioner is considering imposing a sanction suspending the approval of the entity as an approved provider (whether or not the notice also notifies the entity of other kinds of sanctions the Commissioner is considering imposing) was given to the entity before the transition time; and

(c) the period for making submissions in relation to the notice had not expired before the transition time;

the notice is taken, after the transition time, to be a notice given to the entity under subsection 132(1) of the new Act.

(2) For the purposes of subitem (1), the period within which the entity may make submissions in relation to the matter for the purposes of paragraph 132(2)(b) of the new Act is taken to be the period within which the entity was permitted to make submissions in relation to the matter in accordance with paragraph 63S(3)(e) of the Commission Act.

Pending requests for lifting of suspension sanctions

(3) Subitem (4) applies if:

(a) an entity is, because of subitem 5(1) of this Schedule, taken to be a registered provider under paragraph 105(1)(a) of the new Act; and

(b) because of subitem 5(13) of this Schedule, the registration of the entity as a registered provider is taken to have been suspended by the Commissioner under section 129 of the new Act; and

(c) before the transition time, the entity made an application under subsection 63V(1) of the Commission Act for the lifting of the suspension sanction under section 63N of that Act; and

(d) the Commissioner had not made a decision on the application before the transition time.

(4) The application is taken, after the transition time, to be a request, by the entity and made in accordance with section 559 of the new Act, for reconsideration of the decision of the Commissioner to suspend the registration under section 129 of the new Act.

(5) For the purposes of subitem (4):

(a) any request, made under subsection 63W(1) of the Commission Act for further information in relation to the application, and for which the period for giving the further information had not ended before the transition time, is taken to be a request made under subsection 588(1) of the new Act; and

(b) the period within which any such further information is required to be given under subsection 588(2) of the new Act is taken to be the period referred to in paragraph (a) of this subitem; and

(c) the period within which the decision must be reconsidered for the purposes of paragraph 560(5)(c) of the new Act is taken to be the period within which the decision whether to lift the sanction was required to be made under subsection 63X(1) of the Commission Act.