Aged Care Legislation Amendment (New Commissioner Functions) Act 2019 (116 of 2019)

Schedule 4   Transitional, application, saving and other provisions

Part 3   Responsibilities of approved providers etc.

Division 1   Transitional etc. provisions relating to the imposition of sanctions on approved providers

9   Imposition of sanctions on approved providers still under consideration by Secretary at transition time

(1) This item applies if:

(a) before the transition time, the Secretary was considering whether to impose a sanction on an approved provider under Part 4.4 of the Aged Care Act; and

(b) before that time, the Secretary complied with the requirements of Division 67 of that Act in relation to the imposition of the sanction on the provider; and

(c) immediately before that time, the Secretary is still considering whether to impose the sanction on the provider.

(2) After the transition time, the Commissioner may decide to impose a sanction on the approved provider under section 63N of the Commission Act.

(3) In deciding whether to impose a sanction on the approved provider under section 63N of the Commission Act, the Commissioner may:

(a) consider any relevant thing done before the transition time by, or in relation to, the Secretary under or for the purposes of Part 4.4 of the Aged Care Act; and

(b) may disregard Division 3 of Part 7B of the Commission Act if the Commissioner considers it is reasonable to do so in the circumstances.