Part 6 — General
47 Administrative penalties
home operator, supportive living accommodation operator, home
and community care provider or other person has contravened or
failed to comply with this Act, the regulations, a specified
measures order, a stop order or a condition of a licence, the director
may by notice require the continuing care home operator,
supportive living accommodation operator, home and community
care provider or person to pay an administrative penalty in an
amount determined by the director in accordance with the
regulations.
(2) A notice of administrative penalty must be in writing and
include the prescribed information.
(3) An administrative penalty must not exceed
(a) $10 000 in respect of each contravention, and
(b) in the case of a contravention or failure to comply that
occurs on or continues for more than one day, $10 000 for
each day or part of a day that the contravention or failure to
comply occurs or continues.
(4) No notice of administrative penalty shall be issued more than 2
years after the date on which evidence of the alleged contravention
or failure to comply first came to the attention of the director.
(5) A continuing care home operator, supportive living
accommodation operator, home and community care provider or
other person that pays an administrative penalty shall not be
charged under this Act with an offence in respect of the same
contravention or failure to comply that is described in the notice of
administrative penalty.
(6) A continuing care home operator, supportive living
accommodation operator, home and community care provider or
other person to which a notice of administrative penalty has been
issued shall pay the administrative penalty within 30 days after the
date on which the notice was issued, unless the continuing care
home operator, supportive living accommodation operator, home
and community care provider or person has served a notice of
appeal under section 33.
(7) Following an appeal in which an appeal panel confirms or
varies a notice of administrative penalty, the continuing care home
operator, supportive living accommodation operator, home and
community care provider or other person to which the notice of
administrative penalty was issued shall pay the administrative
penalty within 30 days after the date on which the continuing care
home operator, supportive living accommodation operator, home
and community care provider or person was served with a copy of
the appeal panel's decision under section 34.
(8) Where a continuing care home operator, supportive living
accommodation operator, home and community care provider or
other person fails to pay an administrative penalty in accordance
with the notice of administrative penalty and this Act, the Minister
may file a copy of the notice of administrative penalty with the
clerk of the Court and, on being filed, the notice has the same force
and effect and may be enforced as if it were a judgment of the
Court.