ASIC Relief in respect of FY23 Special Purpose Reporting Documents
Pursuant to ASIC Instrument 24-0903 dated 26 November 2024, Genesis Care Pty Limited and the following wholly owned subsidiaries (Large Group Companies):
- Adelaide Radiotherapy Centre Pty Ltd ACN 008 128 845;
- Genesis Cancer Care Qld Pty Limited ACN 010 830 583;
- Genesis Cancer Care WA Pty Limited ACN 150 562 913;
- Radiation Oncology Associates Pty Limited ACN 057 705 441;
- Genesis Cancer Care Victoria Pty Ltd ACN 152 415 373;
- Genesis Care Finance Pty Ltd ACN 137 193 125;
- Genesis Specialist Care Pty Ltd ACN 111 943 161; and
- Genesis Cancer Care Pty Ltd ACN 155 449 200.
have been granted relief by ASIC in respect of the requirements of Part 2M.3 of the Corporations Act 2001 relating to the preparation and lodgement of the financial report, directors’ report and auditor’s report for the financial year ended 30 June 2023 (and the requirement to send those documents to members of Genesis Care Pty Ltd), to the extent that non-compliance results from the preparation and lodgement of a Special Purpose Combined Financial Report comprising the Special Purpose Combined Financial Statements, the notes to the Special Purpose Financial Statements and directors’ declaration about the Special Purpose Financial Statements together with a Special Purpose Directors’ Report and Compilation Report (together, the Special Purpose Reporting Documents) and sending the Special Purpose Reporting Documents to members of Genesis Care Pty Ltd.
The relief has been granted subject to conditions that:
- Genesis Care Pty Ltd ensures that the Special Purpose Combined Financial Report contains an explanation of the relief provided by ASIC Instrument 24-0903 including the conditions of that relief;
- Genesis Care Pty Ltd lodges the Special Purpose Reporting Documents with ASIC by 30 November 2024;
- Genesis Care Pty Ltd and the Large Group Companies arranging for a notice explaining the relief granted by ASIC Instrument 24-0903, to be published in a prominent place on the Genesis Care website under “News” within 5 business days after the commencement of that instrument; and
- Genesis Care Pty Ltd and the Large Group Companies having adequate arrangements in place to answer within a reasonable period of time and without charge any reasonable questions asked by a creditor of Genesis Care Pty Ltd or a Large Group Company about the voluntary restructuring in the Chapter 11 Proceedings, the deed of cross guarantee arrangements, the Special Purpose Reporting Documents and ASIC Instrument 24-0903. Any questions that creditors may have in relation to these matters may be directed to GCCompanySecretary@genesiscare.com.
A copy of the ASIC Instrument 24-0903 is available here