COMMERCIAL AND CORPORATIONS – where the respondent is an approved provider of home quality care – where the respondent ceased providing home quality care for 32 recipients – where the respondent failed to pay the “transfer portion” or the “care recipient portion” to the recipients new home care providers – where the Aged Care Quality and Safety Commissioner seeks a performance injunction pursuant to s 121 of the Regulatory Powers (Standard Provisions) Act 2014 (Cth) requiring payment of the “transfer portion” and “care recipient portion” – where the respondent consents to the grant of the performance injunction pursuant to s 74ED(4) of the Aged Care and Quality Safety Commission Act 2018 (Cth) – whether the respondent’s conduct contravened s 21F of the User Rights Principles 2014 (Cth) and s 56.2 of the Aged Care Act 1997 (Cth) – performance injunction granted – where the parties consent to the injunctions
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0759
For more information, see the original judgement.