Aged Care Quality and Safety Commission Rules 2018 (Cth)
Aged Care Quality and Safety Commission Rules 2018
made under the
Aged Care Quality and Safety Commission Act 2018
Compilation No. 2
Compilation date: 1 January 2020
Includes amendments up to: F2019L01696
Registered: 28 January 2020
About this compilation
This compilation
This is a compilation of the Aged Care Quality and Safety Commission Rules 2018 that shows the text of the law as amended and in force on 1 January 2020 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary 1
Division 1—Introduction 1
1............ Name............................................................................................................................. 1
3............ Authority....................................................................................................................... 1
Division 2—Definitions 2
4............ Definitions..................................................................................................................... 2
5............ Meaning of assessment contact..................................................................................... 6
6............ Meaning of commencing service................................................................................... 6
7............ Meaning of deemed accredited service.......................................................................... 6
Division 3—Commonwealth funded programs 7
8............ Specification of programs.............................................................................................. 7
Part 2—Complaints and provider responsibility information 8
Division 1—Introduction 8
9............ Simplified outline of this Part........................................................................................ 8
Division 2—Purpose of this Part 9
10.......... Purpose of this Part....................................................................................................... 9
Division 3—Making complaints to the Commissioner 10
11.......... Complaint may be made to the Commissioner............................................................. 10
12.......... Withdrawal of complaint............................................................................................. 10
Division 4—Dealing with complaints and provider responsibility information 11
13.......... Dealing with complaint................................................................................................ 11
14.......... Commissioner may decide to take no further action in relation to issue....................... 11
15.......... Commissioner may undertake resolution process in relation to issue.......................... 12
16.......... Requirement to notify relevant providers of resolution process................................... 13
17.......... Commissioner may decide to end resolution process.................................................. 13
18.......... Commissioner may give information about resolution process to person or body with sufficient interest 14
Division 5—Directions 15
19.......... Commissioner may give directions to relevant providers............................................ 15
20.......... Notification of intention to give directions to relevant providers................................. 15
21.......... Relevant providers must comply with directions given by the Commissioner............. 15
Division 6—Other matters 17
22.......... Referral of issue to Secretary etc................................................................................. 17
23.......... Taking of other action not prevented by this Part........................................................ 17
Part 3—Accreditation of residential aged care services 18
Division 1—Introduction 18
24.......... Simplified outline of this Part...................................................................................... 18
Division 2—Specified aged care services 19
25.......... Specification of aged care services.............................................................................. 19
Division 3—Accreditation of residential aged care services 20
Subdivision A—Purpose of this Division 20
26.......... Purpose of this Division.............................................................................................. 20
Subdivision B—Applications for accreditation or re‑accreditation 20
27.......... Approved provider may apply for accreditation or re‑accreditation of residential aged care services 20
28.......... Applications for accreditation or re‑accreditation......................................................... 20
Subdivision C—Accreditation of commencing services and re‑accreditation of recommencing services 20
29.......... Commissioner must decide whether to accredit commencing service or re‑accredit recommencing service 20
30.......... Notification of decision to accredit commencing service or re‑accredit recommencing service 21
31.......... Notification of decision not to accredit commencing service or re‑accredit recommencing service 22
Subdivision D—Re‑accreditation of residential services other than recommencing services 22
32.......... Commissioner must appoint assessment team to conduct site audit............................. 22
33.......... Form of words and poster to be used to tell care recipients etc. about site audit.......... 22
34.......... Approved provider must inform care recipients etc. about site audit........................... 23
36.......... Conduct of site audit of residential service.................................................................. 23
37.......... Approved provider must take steps to inform care recipients that site audit has commenced 24
38.......... Site audit meetings and discussions............................................................................. 24
39.......... Exit meeting................................................................................................................. 25
40.......... Site audit report prepared by assessment team............................................................. 25
40A....... Performance report prepared by Commissioner.......................................................... 25
41.......... Commissioner must decide whether to re‑accredit residential service.......................... 26
42.......... Notification of decision to re‑accredit residential service............................................. 26
43.......... Notification of decision not to re‑accredit residential service....................................... 27
Subdivision E—Revocation of accreditation of accredited service 27
44.......... Decision to revoke accreditation of accredited service................................................. 27
45.......... Notification of decision to revoke accreditation of accredited service.......................... 27
Subdivision F—Reminder notices about accreditation 28
46.......... Reminder notices......................................................................................................... 28
47.......... Late application for re‑accreditation after reminder notice............................................ 28
Subdivision G—Publication of decisions relating to accreditation 29
48.......... Commissioner must publish decisions relating to accreditation................................... 29
Part 4—Quality reviews of services 30
Division 1—Introduction 30
49.......... Simplified outline of this Part...................................................................................... 30
Division 2—Specified aged care services 31
50.......... Specification of aged care services.............................................................................. 31
Division 3—Quality reviews of services 32
Subdivision A—Purpose of this Division 32
51.......... Purpose of this Division.............................................................................................. 32
Subdivision B—Quality reviews of home services 32
52.......... Quality reviews must be conducted every 3 years....................................................... 32
53.......... Quality reviews must include quality audits................................................................ 32
53A....... Commissioner must appoint assessment team to conduct quality audit....................... 32
53B....... Notice of quality audit................................................................................................. 33
54.......... Conduct of quality audit.............................................................................................. 33
55.......... Quality audit meetings and discussions....................................................................... 34
55A....... Exit meeting................................................................................................................. 34
56.......... Quality audit report prepared by assessment team....................................................... 34
57.......... Performance report prepared by Commissioner.......................................................... 35
Subdivision C—Quality reviews of Aboriginal and Torres Strait Islander services 35
58.......... Quality reviews of Aboriginal and Torres Strait Islander services.............................. 35
Part 5—Monitoring of services 36
Division 1—Introduction 36
59.......... Simplified outline of this Part...................................................................................... 36
Division 2—Specified aged care services 38
60.......... Specification of aged care services.............................................................................. 38
Division 3—Purpose of Divisions 4 to 8 39
61.......... Purpose of Divisions 4 to 8......................................................................................... 39
Division 4—Plans for continuous improvement 40
62.......... Plans for continuous improvement required for accredited services, residential services and home care services 40
63.......... Commissioner may request plans for continuous improvement.................................. 40
63A....... Commissioner may direct revision of plans for continuous improvement................... 40
Division 5—Assessment contacts by regulatory officials 41
64.......... Assessment contacts by regulatory officials with providers of services...................... 41
65.......... Arrangements for assessment contacts........................................................................ 41
66.......... Assessment contacts in the form of visits to premises................................................. 41
67.......... Regulatory official may request information or documents relating to the purpose of assessment contact 42
68.......... Assessment contacts made to assess performance—assessment contact report prepared by regulatory official 42
68A....... Performance report prepared by Commissioner.......................................................... 43
Division 6—Review audits of accredited services 45
Subdivision A—Conduct of review audits of accredited services 45
70.......... When Commissioner may arrange for review audit of accredited service.................... 45
71.......... Commissioner must appoint quality assessors to form assessment team to conduct review audit 45
72.......... Poster to be used to tell care recipients about review audit.......................................... 45
73.......... Conduct of review audit of accredited service............................................................. 46
74.......... Review audit meetings and discussions....................................................................... 46
75.......... Exit meeting................................................................................................................. 47
76.......... Review audit report prepared by assessment team....................................................... 47
76A....... Performance report prepared by Commissioner.......................................................... 47
Subdivision B—Revocation of accreditation of accredited service following review audit 48
77.......... Commissioner must decide whether to revoke accreditation of accredited service....... 48
78.......... Notification of decision to revoke accreditation of accredited service.......................... 49
79.......... Notification of decision not to revoke accreditation of accredited service.................... 49
Subdivision C—Publication of decisions relating to accreditation 49
80.......... Commissioner must publish decisions relating to accreditation following review audit 49
Division 8—Monitoring of Aboriginal and Torres Strait Islander services 51
86.......... Monitoring of Aboriginal and Torres Strait Islander services..................................... 51
Part 6—Registration of quality assessors 52
Division 1—Introduction 52
87.......... Simplified outline of this Part...................................................................................... 52
Division 2—Registration of quality assessors 53
88.......... Purpose of this Division.............................................................................................. 53
89.......... Application for registration as quality assessor........................................................... 53
90.......... Registration as quality assessor................................................................................... 53
91.......... Application for registration as quality assessor for further period............................... 54
92.......... Registration as quality assessor for further period....................................................... 54
93.......... Quality assessor must inform Commissioner of serious offence conviction............... 55
94.......... Cancellation of registration as quality assessor............................................................ 56
95.......... Operation of Part VIIC of the Crimes Act 1914.......................................................... 56
Part 7—Reconsideration and review of decisions 57
Division 1—Introduction 57
96.......... Simplified outline of this Part...................................................................................... 57
Division 2—Reconsideration and review of decisions 58
97.......... Purpose of this Division.............................................................................................. 58
98.......... Reviewable Commissioner decisions and interested persons...................................... 58
99.......... Interested person may request reconsideration of reviewable Commissioner decision 59
100........ Reconsideration of complaints reviewable decision..................................................... 59
101........ Reconsideration of regulatory reviewable decision...................................................... 60
102........ Reconsideration of regulatory reviewable decision on own initiative.......................... 61
103........ Review by Administrative Appeals Tribunal............................................................... 61
104........ Commissioner must publish certain reconsideration decisions etc............................... 62
Part 8—Information sharing and confidentiality 63
Division 1—Introduction 63
105........ Simplified outline of this Part...................................................................................... 63
Division 2—Information sharing 64
106........ Purpose of this Division.............................................................................................. 64
108........ Information about failure to comply with Quality Review Guidelines by service providers of Aboriginal and Torres Strait Islander services................................................................................................. 64
109........ Information about failure to comply with Aged Care Quality Standards by service providers of home support services.................................................................................................................................... 64
Division 3—Protected information 65
110........ Purpose of this Division.............................................................................................. 65
111........ Permitted disclosure of protected information by Commissioner if aged care consumer’s safety, health or well‑being at risk.............................................................................................................................. 65
Part 8A—Approval of providers of aged care 66
111A..... Circumstances in which Commissioner may require further information to be given within a shorter period 66
Part 8B—Sanctions for non‑compliance with aged care responsibilities of approved providers 67
Division 1—Introduction 67
111B..... Simplified outline of this Part...................................................................................... 67
Division 2—Imposition of sanctions by the Commissioner 68
111C..... When sanctions come into effect and cease to have effect—matters to which Commissioner must have regard 68
111D..... Other sanctions that may be imposed on approved providers...................................... 68
Division 3—Notices that must, or may, be given before sanctions are imposed 69
111E...... Period to appoint eligible adviser—matters Commissioner must take into account when specifying period 69
Division 4—Lifting of sanctions imposed on approved providers 70
111F...... Lifting of sanctions—other matters to which the Commissioner must have regard..... 70
Part 9—Transitional, application and saving provisions 71
Division 1—Provisions relating to the commencement of this instrument 71
Subdivision A—Preliminary 71
112........ Definitions................................................................................................................... 71
Subdivision B—Complaints 71
113........ Pending complaints..................................................................................................... 71
114........ Information received pre‑transition but not finally dealt with...................................... 72
115........ Saving of pre‑transition notice of intention to issue directions to approved provider etc. 72
116........ Saving of pre‑transition directions given to approved provider etc.............................. 72
Subdivision C—Accreditation of residential aged care services 73
117........ Saving of accreditation of residential aged care services.............................................. 73
118........ Pending applications for accreditation of residential aged care services....................... 73
119........ Pending applications for re‑accreditation of residential aged care services.................. 73
120........ Saving of reminder notices about accreditation............................................................ 74
121........ Publication of certain pre‑transition decisions relating to accreditation........................ 74
Subdivision D—Quality reviews of services 74
122........ Continuation of quality reviews of home aged care services....................................... 74
123........ Continuation of quality reviews of Aboriginal and Torres Strait Islander services...... 75
124........ Continuation of quality reviews of home support services.......................................... 75
Subdivision E—Monitoring of services 75
125........ Saving of arrangements for assessment contacts......................................................... 75
126........ Action following pre‑transition assessment contact..................................................... 76
127........ Continuation of review audits of accredited services................................................... 76
128........ Saving of timetable for improvement etc..................................................................... 76
129........ Saving of notice directing revision of plan for continuous improvement..................... 77
Subdivision F—Registration of quality assessors 77
130........ Continuation of registration as quality assessor........................................................... 77
Subdivision G—Reconsideration and review of decisions 77
131........ Request for reconsideration of pre‑transition decisions relating to complaints............ 77
132........ Request for reconsideration of pre‑transition decisions relating to accreditation or registration of quality assessors.................................................................................................................................... 78
133........ Pending applications for reconsideration of decisions relating to complaints.............. 78
134........ Pending requests for reconsideration of decisions relating to accreditation or registration of quality assessors 79
135........ Reconsideration of pre‑transition decisions relating to accreditation or registration of quality assessor at the Commissioner’s own initiative.................................................................................... 79
136........ Review by the Administrative Appeals Tribunal of certain pre‑transition decisions.... 80
137........ Publication of certain pre‑transition reconsideration decisions etc............................... 80
Division 2—Amendments made by the Aged Care Legislation Amendment (Single Quality Framework Consequential Amendments and Transitional Provisions) Instrument 2019 81
138........ Definitions................................................................................................................... 81
139........ Pending applications for accreditation of a commencing service................................. 81
140........ Pending applications for re‑accreditation of an accredited service or a previously accredited service 81
141........ Quality reviews of home services................................................................................ 82
142........ Assessment contacts initiated but not completed before the SQF commencement time 83
143........ Assessment contacts initiated after the SQF commencement time in relation to timetables for improvement notified before the SQF commencement time...................................................................................... 83
144........ Review audits.............................................................................................................. 84
145........ Revocation following review audit.............................................................................. 84
146........ Timetables for improvement........................................................................................ 85
147........ Direction to revise plan for continuous improvement if there is failure to comply with relevant Standards 85
148........ Failure to comply with relevant Standards that places safety, health or well‑being of aged care consumer at serious risk.................................................................................................................................... 85
149........ Information about failure to comply with Home Care Standards by service providers of home support services 86
Division 3—Amendments made by the Aged Care Quality and Safety Commission Amendment (Integration of Functions) Rules 2019 87
150........ Definitions................................................................................................................... 87
151........ Complaints.................................................................................................................. 87
152........ Applications for accreditation of a commencing service.............................................. 87
153........ Pending applications for re‑accreditation of an accredited service or a previously accredited service (other than a recommencing service)................................................................................................ 87
154........ Publication of decisions made before 1 January 2020 relating to re‑accreditation of an accredited service or a previously accredited service (other than a recommencing service)............................................... 88
155........ Quality reviews of home services................................................................................ 88
156........ Publication of performance reports for home services................................................. 88
157........ Quality reviews of Aboriginal and Torres Strait Islander services.............................. 88
158........ Assessment contacts initiated but not completed before 1 January 2020..................... 88
159........ Arranging for review audits of accredited services...................................................... 89
160........ Conduct of review audits of accredited services.......................................................... 89
161........ Revocation following review audit.............................................................................. 89
162........ Publication of decisions made before 1 January 2020 relating to accreditation following review audit 89
163........ Reviewable Commissioner decisions.......................................................................... 90
164........ Reconsideration of complaints reviewable decisions................................................... 90
165........ Reconsideration of regulatory reviewable decisions.................................................... 90
Endnotes91
Endnote 1—About the endnotes 91
Endnote 2—Abbreviation key 92
Endnote 3—Legislation history 93
Endnote 4—Amendment history 94
Part 1—Preliminary
Division 1—Introduction
1 Name
This instrument is the Aged Care Quality and Safety Commission Rules 2018.
3 Authority
This instrument is made under the Aged Care Quality and Safety Commission Act 2018.
Division 2—Definitions
4 Definitions
Note: A number of expressions used in this instrument are defined in the Commission Act, including the following:
(a) aged care consumer;
(b) aged care service;
(c) approved provider;
(d) Commissioner;
(e) Commonwealth‑funded aged care service;
(f) service provider.
In this instrument:
Aboriginal and Torres Strait Islander service means a service provided under the program known as the National Aboriginal and Torres Strait Islander Flexible Aged Care Program.
Note: An Aboriginal and Torres Strait Islander service is a Commonwealth‑funded aged care service (see subsection 8(1) of the Commission Act and section 8 of this instrument).
accredited service means:
(a) a residential care service, or a flexible care service, that has been accredited or re‑accredited under Part 3 for a particular period and that period has not ended; or
(b) a residential care service for which a determination under section 42‑5 of the Aged Care Act is in force; or
(c) a flexible care service that is a deemed accredited service.
Aged Care Quality Standards means the Aged Care Quality Standards set out in the Quality of Care Principles 2014.
assessment contact: see section 5.
assessment team means:
(a) for a site audit of a residential service—the assessment team formed under subsection 32(1) to conduct the audit; or
(aa) for a quality audit of a home service—the assessment team formed under subsection 53A(1) to conduct the audit; or
(b) for a review audit of an accredited service—the assessment team formed under subsection 71(1) to conduct the audit.
commencing service: see section 6.
Commission Act means the Aged Care Quality and Safety Commission Act 2018.
complainant means a person who makes a complaint.
complaint means a complaint made under subsection 11(1).
complaints reviewable decision means a reviewable Commissioner decision of a kind mentioned in item 1 or 2 of the table in section 98.
deemed accredited service: see section 7.
flexible care place means a capacity within a flexible care service for provision of flexible care in the form of short‑term restorative care to a person.
former complaints scheme means:
(a) the repealed Complaints Principles 2015, as in force at any time before they were repealed; or
(b) the repealed Complaints Principles 2014, as in force at any time before they were repealed; or
(c) the administrative scheme for the resolution of complaints about service providers of Commonwealth‑funded aged care services, as it existed at any time before 30 May 2018.
home care setting has the same meaning as in the Subsidy Principles 2014.
home service means:
(a) a home care service; or
(b) a flexible care service through which short‑term restorative care is provided in a home care setting; or
(c) a home support service.
home service provider of a home service means:
(a) for a home care service or flexible care service through which short‑term restorative care is provided in a home care setting—the approved provider of the service; or
(b) for a home support service—the service provider of the service.
home support service means a service provided under the program known as the Commonwealth Home Support Programme.
Note: A home support service is a Commonwealth‑funded aged care service (see subsection 8(1) of the Commission Act and section 8 of this instrument).
interested person: see section 98.
internal reviewer means:
(a) the Commissioner; or
(b) a delegate of the Commissioner referred to in paragraph 100(1)(b), 101(1)(b) or 102(1)(b).
nominated representative of an aged care consumer means:
(a) if the aged care consumer is a care recipient—the representative of the care recipient within the meaning of the Records Principles 2014; or
(b) if the aged care consumer is a person who is a recipient of a Commonwealth‑funded aged care service—a person who represents the consumer.
Note: The approved provider of an aged care service must keep up‑to‑date records of the name and contact details of at least one nominated representative of each care recipient (see paragraph 7(r) of the Records Principles 2014).
performance report:
(a) for a residential service (other than a recommencing service) for which an application for re‑accreditation has been made: see paragraph 40A(1)(a); or
(b) for a home service for which a quality review is conducted: see paragraph 57(1)(a); or
(c) for an accredited service, previously accredited service or home service for which an assessment contact to which section 68 applies is made: see paragraph 68A(1)(a); or
(d) for an accredited service for which a review audit is conducted: see paragraph 76A(1)(a).
plan for continuous improvement: see subsection 62(2).
police report means a report about a person’s criminal conviction record that is issued by:
(a) the Australian Federal Police; or
(b) the police force or police service of a State or Territory.
previously accredited service means:
(a) a residential care service, or a flexible care service, that was an accredited service but is no longer such a service; or
(b) a flexible care service if:
(i) flexible care in the form of short‑term restorative care is provided through the service; and
(ii) the short‑term restorative care is provided in a facility where residential care is provided through a residential care service; and
(iii) on the day the approved provider of the flexible care service is allocated flexible care places under Division 14 of Part 2.2 of the Aged Care Act, the residential care service is a previously accredited service under paragraph (a) of this definition.
provider responsibility information means information raising an issue or issues about:
(a) the responsibilities of the approved provider of an aged care service under the Aged Care Act or the Aged Care Principles; or
(b) the responsibilities of the service provider of a Commonwealth‑funded aged care service under the funding agreement that relates to the service.
quality audit report: see subsection 56(1).
quality review, of a home service, means a quality review of the service conducted under Part 4.
Quality Review Guidelines means the Quality Review Guidelines for the program known as the National Aboriginal and Torres Strait Islander Flexible Aged Care Program, published by the Commission and as in force from time to time.
Note: The Quality Review Guidelines could in 2019 be viewed on the Commission’s website ( of an accredited service or a previously accredited service, means the accreditation of the service for a further period under Part 3.
recommencing service: a previously accredited service is a recommencing service if:
(a) the approved provider of the service has made an application under subsection 27(2) for the re‑accreditation of the service; and
(b) the approved provider of the service has been allocated places for the service under Part 2.2 of the Aged Care Act; and
(c) at the time the application was made, residential care was not being provided for those places through the service.
reconsideration decision means a decision made under subsection 100(2), 101(2) or 102(3).
regulatory reviewable decision means a reviewable Commissioner decision of a kind mentioned in an item (other than items 1 and 2) of the table in section 98.
relevant provider, for an issue raised in a complaint or provider responsibility information, means the approved provider of an aged care service, or service provider of a Commonwealth‑funded aged care service, to which the issue relates.
residential care setting has the same meaning as in the Subsidy Principles 2014.
residential service means an accredited service, or a previously accredited service, to which an application made under subsection 27(2) relates.
resolution process means the resolution process undertaken under section 15.
reviewable Commissioner decision: see section 98.
review audit, of an accredited service, means a review audit of the service conducted under Division 6 of Part 5.
review audit report: see subsection 76(1).
serious offence conviction: a person has a serious offence conviction if the person has been:
(a) convicted of murder or sexual assault; or
(b) convicted of, and sentenced to imprisonment for, any other form of assault.
short‑term restorative care has the same meaning as in the Subsidy Principles 2014.
site audit, of a residential service, means a site audit of the service conducted under Subdivision D of Division 3 of Part 3.
site audit report: see subsection 40(1).
5 Meaning of assessment contact
An assessment contact with the approved provider of an accredited service or a previously accredited service, or the home service provider of a home service, is any form of contact (other than a site audit, a review audit or a quality review) between a regulatory official and the provider for either or both of the following purposes:
(a) to assess the provider’s performance, in relation to the service, against the Aged Care Quality Standards;
(b) to monitor the quality of care and services provided by the provider through the service.
6 Meaning of commencing service
(1) A residential care service is a commencing service if:
(a) an approved provider has been allocated places for the service under Part 2.2 of the Aged Care Act; and
(b) residential care has not previously been provided for those places through the service; and
(c) the service is not an accredited service or a previously accredited service.
(2) A flexible care service through which short‑term restorative care is provided in a residential care setting is a commencing service if:
(a) the short‑term restorative care is provided in a facility where residential care is provided through a residential care service; and
(b) that residential care service is a commencing service.
7 Meaning of deemed accredited service
If:
(a) flexible care in the form of short‑term restorative care is provided through a flexible care service; and
(b) the short‑term restorative care is provided in a facility where residential care is provided through a residential care service; and
(c) the residential care service is an accredited service for a particular period;
the flexible care service is a deemed accredited service for that period.
Division 3—Commonwealth funded programs
8 Specification of programs
For the purposes of subsection 8(1) of the Commission Act, the following programs are specified:
(a) the program known as the Commonwealth Home Support Programme;
(b) the program known as the National Aboriginal and Torres Strait Islander Flexible Aged Care Program.
Note: A Commonwealth‑funded aged care service is a service provided under such a program.
Part 2—Complaints and provider responsibility information
Division 1—Introduction
9 Simplified outline of this Part
This Part establishes a scheme for dealing with complaints made, or provider responsibility information given, to the Commissioner about the following matters:
(a) the responsibilities of the approved provider of an aged care service under the Aged Care Act or the Aged Care Principles;
(b) the responsibilities of the service provider of a Commonwealth‑funded aged care service under the funding agreement that relates to the service.
If the Commissioner receives a complaint that raises an issue about such responsibilities, the Commissioner must, in relation to the issue, decide to take no further action, resolve the issue to the complainant’s satisfaction or decide to undertake a resolution process.
If the Commissioner receives provider responsibility information that raises an issue about such responsibilities, the Commissioner may decide to undertake a resolution process in relation to the issue.
Division 2—Purpose of this Part
10 Purpose of this Part
This Part is made for the purposes of subsections 21(1), (2) and (3) of the Commission Act.
Division 3—Making complaints to the Commissioner
11 Complaint may be made to the Commissioner
(1) A person may make a complaint to the Commissioner raising an issue or issues about:
(a) the responsibilities of the approved provider of an aged care service under the Aged Care Act or the Aged Care Principles; or
(b) the responsibilities of the service provider of a Commonwealth‑funded aged care service under the funding agreement that relates to the service.
(2) A complaint may be made orally or in writing.
(3) A complaint may be made anonymously.
(4) If a complainant makes a complaint, the complainant may ask the Commissioner to keep the following confidential:
(a) the identity of the complainant;
(b) the identity of a person identified in the complaint;
(c) any other details included in the complaint.
12 Withdrawal of complaint
(1) If a complainant makes a complaint, the complainant may withdraw the complaint, either orally or in writing, at any time.
(2) The Commissioner may deal, or continue to deal, with the complaint despite the withdrawal of the complaint.
Note: A complainant who withdraws a complaint will not be notified under this Part of certain matters (see subsections 14(3) and 17(3)) or be able to apply under Part 7 for the reconsideration of the Commissioner’s decision in relation to the complaint.
Division 4—Dealing with complaints and provider responsibility information
13 Dealing with complaint
(1) If the Commissioner receives a complaint, the Commissioner must, in relation to each issue raised in the complaint:
(a) decide to take no further action in relation to the issue under section 14; or
(b) take appropriate action to resolve the issue to the satisfaction of the complainant; or
(c) decide to undertake a resolution process in relation to the issue under section 15.
Note: For the purposes of the Commissioner resolving the complaint, an authorised officer may enter premises and exercise search powers in relation to the premises in accordance with Division 2 of Part 8 of the Commission Act.
(2) Without limiting subsection (1), the Commissioner may do one or more of the following for the purposes of that subsection:
(a) consider documents;
(b) discuss the issue, in person or by other means, with any of the following:
(i) the complainant (if any);
(ii) the relevant provider for the issue;
(iii) any other person;
(c) request information or documents from any person.
14 Commissioner may decide to take no further action in relation to issue
(1) The Commissioner may decide to take no further action in relation to an issue raised in a complaint if the Commissioner is satisfied that:
(a) the issue is frivolous, vexatious or not raised in good faith; or
(b) the issue is, or has been, the subject of legal proceedings; or
(c) the issue is already being dealt with, or has already been dealt with, under this Part or a former complaints scheme; or
(d) the issue is better dealt with, or is already being dealt with, under this instrument (other than this Part); or
(e) the issue relates to a matter that occurred more than 1 year before the complaint was made and is not ongoing; or
(f) the complaint has been withdrawn under section 12; or
(g) the issue is subject to a coronial inquiry; or
(h) an aged care consumer identified in the complaint does not wish the issue to be considered by the Commissioner; or
(i) the issue is better dealt with by another person or body; or
(j) the relevant provider for the issue has addressed the issue to the Commissioner’s satisfaction; or
(k) having regard to all the circumstances, no further action in relation to the issue is required.
Note: The complainant may request the Commissioner to reconsider the decision under Part 7.
(2) If the Commissioner decides to take no further action in relation to an issue raised in the complaint, the Commissioner must, as soon as possible, give written notice of the following to the complainant:
(a) the decision and the reasons for the decision;
(b) information about how the complainant may apply for the reconsideration of the decision;
(c) any other appropriate information.
(3) However, the Commissioner is not required to comply with subsection (2) if:
(a) the complaint was made anonymously; or
(b) the complaint has been withdrawn under section 12; or
(c) the complainant has requested not to be notified in relation to the complaint.
(4) If the Commissioner decides to take no further action in relation to an issue raised in the complaint, the Commissioner may give the relevant provider for the issue written notice of the decision and the reasons for the decision.
15 Commissioner may undertake resolution process in relation to issue
(1) The Commissioner may decide to undertake a resolution process under this section in relation to:
(a) an issue raised in a complaint; or
(b) an issue raised in provider responsibility information received by the Commissioner.
(2) In undertaking a resolution process in relation to an issue raised in the complaint or information, the Commissioner may take any one or more of the following actions:
(a) request the relevant provider for the issue to examine and attempt to resolve the issue and report back to the Commissioner;
(b) request the following to participate in a conciliation process:
(i) the complainant (if any);
(ii) the relevant provider for the issue;
(iii) any other person;
(c) undertake an investigation of the issue;
(d) refer the issue to mediation.
Note: For the purposes of the Commissioner resolving the complaint or dealing with the provider responsibility information, an authorised officer may enter premises and exercise search powers in relation to the premises in accordance with Division 2 of Part 8 of the Commission Act.
(3) Without limiting subsection (2), the Commissioner may do one or more of the following in taking action under that subsection:
(a) consider documents;
(b) discuss the issue, in person or by other means, with any of the following:
(i) the complainant (if any);
(ii) the relevant provider for the issue;
(iii) any other person;
(c) request information from any person.
16 Requirement to notify relevant providers of resolution process
(1) If the Commissioner decides to undertake a resolution process in relation to an issue raised in a complaint or provider responsibility information, the Commissioner must give written notice, as soon as practicable, of the issue to the relevant provider for the issue.
(2) Subsection (1) does not apply if the Commissioner considers that the giving of the notice will, or is likely to:
(a) impede the resolution of the issue; or
(b) place the safety, health or well‑being of the complainant (if any), an aged care consumer or any other person at risk; or
(c) place the complainant (if any) or an aged care consumer at risk of intimidation or harassment.
17 Commissioner may decide to end resolution process
(1) The Commissioner may decide to end a resolution process in relation to an issue raised in a complaint or provider responsibility information if the Commissioner is satisfied that:
(a) if the issue was raised in a complaint—the issue has been resolved because the complainant and the relevant provider for the issue have agreed on an outcome; or
(b) the relevant provider for the issue has addressed the issue to the satisfaction of the Commissioner; or
(c) the Commissioner has given a direction under section 19 to the relevant provider for the issue; or
(d) if the relevant provider for the issue is the approved provider of an aged care service—the Commissioner has initiated action under Part 7B of the Commission Act that relates to the issue; or
(e) if the relevant provider for the issue is the service provider of a Commonwealth‑funded aged care service—the Commissioner has been notified that the Commonwealth has initiated, under the funding agreement that relates to the service, action that relates to the issue; or
(f) the complaint has been withdrawn under section 12; or
(g) the issue is better dealt with by another person or body; or
(h) the continuation of the resolution process is not required because:
(i) despite reasonable inquiries by the Commissioner, the circumstances giving rise to the issue cannot be determined; or
(ii) the issue is frivolous, vexatious or not raised in good faith; or
(iii) the issue is, or has been, the subject of legal proceedings; or
(iv) the issue is already being dealt with, or has already been dealt with, under this Part or a former complaints scheme; or
(v) the issue is better dealt with, or is already being dealt with, under this instrument (other than this Part); or
(vi) the issue is subject to a coronial inquiry; or
(vii) an aged care consumer identified in the complaint, or in the provider responsibility information, does not wish the issue to be considered by the Commissioner; or
(i) having regard to all the circumstances, the continuation of the resolution process is not required.
Note: The complainant or relevant provider for the issue may request the Commissioner to reconsider the decision under Part 7.
(2) If the Commissioner decides to end the resolution process in relation to an issue raised in the complaint or provider responsibility information, the Commissioner must, as soon as possible, give written notice of the following to the complainant (if any) and the relevant provider for the issue:
(a) the decision and the reasons for the decision;
(b) information about how the complainant (if any) or relevant provider may apply for the reconsideration of the decision;
(c) any other appropriate information.
(3) However, the Commissioner is not required to comply with subsection (2) in relation to any complainant if:
(a) the complaint was made anonymously; or
(b) the complaint has been withdrawn under section 12; or
(c) the complainant has requested not to be notified in relation to the complaint.
(4) The Commissioner may provide different information in the notice given to the complainant (if any) and the relevant provider for the issue.
18 Commissioner may give information about resolution process to person or body with sufficient interest
The Commissioner may give information about a resolution process in relation to an issue raised in a complaint or provider responsibility information to any person or body that the Commissioner considers has a sufficient interest in the issue.
Division 5—Directions
19 Commissioner may give directions to relevant providers
(1) If, in undertaking a resolution process in relation to an issue raised in a complaint or provider responsibility information that relates to the approved provider of an aged care service, the Commissioner becomes satisfied that the provider is not meeting the provider’s responsibilities under the Aged Care Act or the Aged Care Principles, the Commissioner may, in writing, direct the provider to take specified action in order to meet those responsibilities.
(2) If, in undertaking a resolution process in relation to an issue raised in a complaint or provider responsibility information that relates to the service provider of a Commonwealth‑funded aged care service, the Commissioner becomes satisfied that the provider is not meeting the provider’s responsibilities under the funding agreement that relates to the service, the Commissioner may, in writing, direct the provider to take specified action in order to meet those responsibilities.
20 Notification of intention to give directions to relevant providers
(1) Before the Commissioner gives a direction under section 19 to the relevant provider for an issue raised in a complaint or provider responsibility information, the Commissioner must give the provider written notice of the Commissioner’s intention to give the direction.
(2) The notice must:
(a) set out the concerns of the Commissioner about:
(i) if the relevant provider is the approved provider of an aged care service—the apparent failure of the provider to meet the provider’s responsibilities under the Aged Care Act or the Aged Care Principles; or
(ii) if the relevant provider is the service provider of a Commonwealth‑funded aged care service—the apparent failure of the provider to meet the provider’s responsibilities under the funding agreement that relates to the service; and
(b) invite the relevant provider to respond, in writing, to the notice within a period specified in the notice.
(3) The Commissioner must consider any response given to the Commissioner within the specified period.
Note: If the Commissioner is satisfied that the relevant provider has addressed the issue, the Commissioner may decide to end the resolution process under paragraph 17(1)(b).
21 Relevant providers must comply with directions given by the Commissioner
(1) If the Commissioner gives a direction to a relevant provider for an issue raised in a complaint or provider responsibility information under section 19, the relevant provider must comply with the direction.
(2) If the relevant provider for the issue fails to comply with the direction, the Commissioner must give the relevant provider a written notice that:
(a) sets out the reasons why the Commissioner is satisfied that the provider has failed to comply with the direction; and
(b) sets out the information that the Commissioner relied on in deciding that the relevant provider has failed to comply with the direction.
Note 1: If the approved provider of an aged care service fails to comply with the direction, the Commissioner may initiate action under Part 7B of the Commission Act.
Note 2: If the service provider of a Commonwealth‑funded aged care service fails to comply with the direction, the Commonwealth may initiate action under the funding agreement that relates to the service.
Division 6—Other matters
22 Referral of issue to Secretary etc.
(1) Nothing in this Part prevents the Commissioner from referring an issue raised in a complaint or provider responsibility information to the Secretary or another person or body.
(2) If the Commissioner refers an issue raised in a complaint or provider responsibility information under subsection (1), the Commissioner may continue to deal with the complaint or information under this Part.
23 Taking of other action not prevented by this Part
(1) Nothing in this Part prevents the Commissioner from taking action under Part 7B of the Commission Act in relation to an issue raised in a complaint or provider responsibility information.
(2) Nothing in this Part prevents the Commonwealth from taking action under the funding agreement that relates to a Commonwealth‑funded aged care service in relation to an issue raised in a complaint or provider responsibility information.
Part 3—Accreditation of residential aged care services
Division 1—Introduction
24 Simplified outline of this Part
This Part provides for the accreditation of commencing services and the re‑accreditation of residential services.
If an application is made to the Commissioner to accredit a commencing service or to re‑accredit a recommencing service, the Commissioner must decide whether to accredit or re‑accredit the service for 1 year.
If an application is made to the Commissioner to re‑accredit a residential service (other than a recommencing service), then:
(a) the Commissioner must form an assessment team to conduct a site audit of the service; and
(b) the assessment team must prepare a site audit report for the Commissioner; and
(c) the Commissioner must give a copy of the site audit report to the approved provider of the residential service; and
(d) the provider may give the Commissioner a written response to the site audit report; and
(e) the Commissioner must prepare a performance report about the service and give a copy to the provider; and
(f) the Commissioner must decide whether to re‑accredit the service for a further period; and
(g) if the Commissioner decides not to re‑accredit the service, the Commissioner may revoke the service’s accreditation.
The Commissioner may give the approved provider of an accredited service a reminder notice about the service’s accreditation.
Certain decisions of the Commissioner under this Part must be published on the Commission’s website.
Division 2—Specified aged care services
25 Specification of aged care services
For the purposes of subparagraph 19(a)(ii) of the Commission Act, flexible care services through which short‑term restorative care is provided in a residential care setting are specified.
Division 3—Accreditation of residential aged care services
Subdivision A—Purpose of this Division
26 Purpose of this Division
This Division is made for the purposes of subsection 21(1) and paragraphs 21(4)(a) and (g) of the Commission Act.
Subdivision B—Applications for accreditation or re‑accreditation
27 Approved provider may apply for accreditation or re‑accreditation of residential aged care services
(1) The approved provider of a commencing service may apply to the Commissioner for the accreditation of the service.
(2) The approved provider of an accredited service, or a previously accredited service, may apply to the Commissioner for the re‑accreditation of the service.
28 Applications for accreditation or re‑accreditation
(1) An application made under section 27 by the approved provider of a commencing service, an accredited service or a previously accredited service must:
(a) be made in writing; and
(b) be in the form approved by the Commissioner; and
(c) include an undertaking by the provider, that if the service were to be accredited or re‑accredited under this Part, the provider will undertake continuous improvement in relation to the service as measured against the Aged Care Quality Standards; and
(d) be accompanied by any other information or documents specified by the Commissioner; and
(e) be accompanied by any fee specified by the Commissioner.
(2) The Commissioner must not accept the application if the application does not comply with subsection (1).
Subdivision C—Accreditation of commencing services and re‑accreditation of recommencing services
29 Commissioner must decide whether to accredit commencing service or re‑accredit recommencing service
(1) This section applies if:
(a) an application is made under subsection 27(1) by the approved provider of a commencing service; or
(b) an application is made under subsection 27(2) by the approved provider of a recommencing service.
(2) The Commissioner must decide whether to accredit or re‑accredit the service:
(a) within 14 days after the application is received by the Commissioner; or
(b) by any later day agreed by the Commissioner and the approved provider.
Note: The approved provider may request the Commissioner to reconsider the decision under Part 7.
(3) In making the decision, the Commissioner:
(a) must take into account:
(i) the application; and
(ii) any relevant information about the approved provider given to the Commissioner by the Secretary; and
(iii) whether the Commissioner is satisfied that, if the service were to be accredited or re‑accredited under this Part, the approved provider will undertake continuous improvement in relation to the service as measured against the Aged Care Quality Standards; and
(b) may take into account any other relevant matter.
(4) If the Commissioner decides to accredit or re‑accredit the service, the Commissioner must:
(a) accredit or re‑accredit the service for 1 year; and
(b) decide whether there are any areas in which improvements in relation to the service must be made to ensure that the Aged Care Quality Standards are complied with.
30 Notification of decision to accredit commencing service or re‑accredit recommencing service
(1) If the Commissioner decides under section 29 to accredit a commencing service or re‑accredit a recommencing service, the Commissioner must, within 14 days after making the decision, give written notice of the following to the approved provider of the service:
(a) the decision;
(b) the period of accreditation or re‑accreditation;
(c) any areas in which improvements in relation to the service must be made to ensure that the Aged Care Quality Standards are complied with;
(d) how the provider may apply for the re‑accreditation of the service.
(2) The Commissioner must, within 28 days after making the decision, give the approved provider of the service a certificate that states the period of accreditation or re‑accreditation for the service.
31 Notification of decision not to accredit commencing service or re‑accredit recommencing service
If the Commissioner decides under section 29 not to accredit a commencing service or not to re‑accredit a recommencing service, the Commissioner must, within 14 days after making the decision, give the approved provider of the service:
(a) written notice of the following:
(i) the decision;
(ii) the reasons for the decision;
(iii) how the provider may apply for the reconsideration of the decision; and
(b) a copy of any information given to the Commissioner by the Secretary that was taken into account in making the decision.
Subdivision D—Re‑accreditation of residential services other than recommencing services
32 Commissioner must appoint assessment team to conduct site audit
(1) If an application is made under subsection 27(2) by the approved provider of an accredited service or a previously accredited service (other than a recommencing service), the Commissioner must, as soon as practicable after receiving the application:
(a) appoint one or more quality assessors to form an assessment team to conduct a site audit of the service; and
(b) give the team any information or documents that accompanied the application under paragraph 28(1)(d).
(2) However, the Commissioner must not appoint a quality assessor to form the assessment team to conduct the site audit of the accredited service or previously accredited service if:
(a) at any time during the 3 year period preceding the proposed appointment, the assessor was employed by, or provided services to, the approved provider of the service; or
(b) the assessor has a pecuniary or other interest that could conflict with the proper conduct of the audit.
33 Form of words and poster to be used to tell care recipients etc. about site audit
(1) If an application is made under subsection 27(2) by the approved provider of an accredited service or a previously accredited service (other than a recommencing service), the Commissioner must, as soon as practicable after receiving the application, give the provider:
(a) a written notice specifying the form of words to be used to tell care recipients of the service, and the nominated representatives of those care recipients, about the site audit of the service that is to be conducted; and
(b) a poster to inform those care recipients and representatives about the site audit.
(2) However, the Commissioner is not required to comply with subsection (1) if the Commissioner gave the approved provider a notice and poster under section 46 in relation to the re‑accreditation of the accredited service or previously accredited service.
34 Approved provider must inform care recipients etc. about site audit
(1) The approved provider of a residential service must take all reasonable steps to ensure that each care recipient of the service, and the nominated representatives of such a care recipient, are made aware of the following matters:
(a) that a site audit of the service is to be conducted;
(b) the period during which the site audit could occur;
(c) that the care recipients of the service and the nominated representatives of those care recipients:
(i) will be given an opportunity to talk to members of the assessment team for the site audit; and
(ii) may give information to the Commission about the care and services those care recipients are receiving;
(d) how to contact the Commission.
(2) The reasonable steps taken by the approved provider of the residential service under subsection (1) must include, but are not limited to, the following:
(a) giving written information (including the form of words specified in the notice given to the provider under paragraph 33(1)(a) or 46(1)(a)) to each care recipient of the service and the nominated representatives of such a care recipient;
(b) displaying copies of the poster given to the approved provider under paragraph 33(1)(b) or 46(1)(b) in one or more prominent locations at the premises of the service.
(3) The approved provider of the residential service must comply with subsection (1) as soon as practicable after the later of the following events occurs:
(a) the approved provider receives the notice given under paragraph 33(1)(a) or 46(1)(a);
(b) the approved provider makes the application under subsection 27(2) for the re‑accreditation of the service.
36 Conduct of site audit of residential service
(1) The assessment team for a site audit of a residential service must conduct the audit:
(a) at the premises of the service; and
(b) in accordance with any directions given to the team by the Commissioner.
Note: A regulatory official may, for the purposes of this section, enter premises and exercise search powers in relation to the premises in accordance with Division 3 of Part 8 of the Commission Act.
(2) In conducting the site audit of the residential service, the assessment team must:
(a) assess the quality of care and services provided through the service against the Aged Care Quality Standards; and
(b) consider any relevant information about the quality of care and services provided through the service that was given to the team:
(i) by a care recipient, or former care recipient, of the service; or
(ii) by a nominated representative of such a care recipient or former care recipient; and
(d) consider any relevant information given to the team by the Commissioner, including any information or documents given to the team under paragraph 32(1)(b); and
(e) consider any relevant information given to the Commissioner or the team by the approved provider of the service.
37 Approved provider must take steps to inform care recipients that site audit has commenced
(1) As soon as practicable after the assessment team for a site audit of a residential service starts to conduct the audit, the approved provider of the service must take reasonable steps to inform the care recipients of the service, and the nominated representatives of those care recipients, that the audit has started.
(2) The reasonable steps taken by the approved provider of the residential service under subsection (1) must include, but are not limited to, displaying in one or more prominent locations at the premises of the service any posters given to the provider by the assessment team for the purpose of the provider complying with that subsection.
38 Site audit meetings and discussions
(1) On each day on which a site audit of a residential service is conducted, a member of the assessment team for the audit must meet with the person at the premises of the service who is in charge of the service to discuss the progress of the audit.
(2) The assessment team for the site audit of the residential service must also meet at least 10% of the care recipients of the service, or the nominated representatives of those care recipients, during the conduct of the audit to discuss the care and services that those care recipients are receiving.
(3) If a care recipient of the residential service, or a nominated representative of such a recipient, asks to meet the assessment team, or a member of the team, during the site audit of the service, the approved provider of the service must take all reasonable steps to enable a member of the team to meet the recipient or representative privately.
(4) If a former care recipient of the residential service, or a nominated representative of such a recipient, asks to talk to the assessment team, or a member of the team, during the site audit of the service, the approved provider of the service must tell a member of the team about the request.
39 Exit meeting
On the last day on which a site audit of a residential service is conducted, a member of the assessment team for the audit must meet with the person at the premises of the service who is in charge of the service to discuss the key issues that the team identified during the audit.
40 Site audit report prepared by assessment team
Site audit report must be prepared
(1) The assessment team for a site audit of a residential service must prepare a written report (the site audit report) about the audit.
(2) The site audit report:
(a) must include an assessment of the approved provider’s performance, in relation to the residential service, against the Aged Care Quality Standards; and
(b) may also include any other matters the assessment team considers relevant.
Site audit report must be given to the Commissioner
(3) The assessment team must give the site audit report to the Commissioner within 7 days after the site audit of the residential service is completed.
Copy of site audit report to be given to approved provider
(4) As soon as practicable after receiving the site audit report, the Commissioner must give a copy of the report to the approved provider of the residential service.
(5) The approved provider of the residential service may, within 14 days after receiving the copy of the site audit report, give the Commissioner a written response to the report.
40A Performance report prepared by Commissioner
(1) If the Commissioner is given, under subsection 40(3), a site audit report about a site audit of a residential service, the Commissioner must, within 28 days after the Commissioner is given the report:
(a) prepare a written report (the performance report) about the service; and
(b) give a copy of the performance report to the approved provider of the service.
(2) In preparing the performance report, the Commissioner must take into account the following matters:
(a) the site audit report;
(b) any response to the site audit report given to the Commissioner by the approved provider of the service under subsection 40(5);
(c) any relevant information given to the Commissioner, or to the assessment team for the site audit of the service:
(i) by a care recipient, or former care recipient, of the service; or
(ii) by a nominated representative of such a care recipient or former care recipient;
(d) any relevant information about the approved provider of the service given to the Commissioner by the Secretary;
(e) any other relevant matter.
(3) The performance report:
(a) must include an assessment of the approved provider’s performance, in relation to the residential service, against the Aged Care Quality Standards; and
(b) may specify any areas in which improvements in relation to the residential service must be made to ensure the Aged Care Quality Standards are complied with; and
(c) may also include any other matters the Commissioner considers relevant.
41 Commissioner must decide whether to re‑accredit residential service
(1) If the Commissioner gives, under subsection 40A(1), a performance report about a residential service to the approved provider of the service, the Commissioner must, within 7 days after doing so, decide whether to re‑accredit the service.
(2) In making the decision, the Commissioner must take into account the following matters:
(a) the performance report;
(b) the matters mentioned in subsection 40A(2);
(c) whether the Commissioner is satisfied that, if the service were to be re‑accredited under this Part, the provider will undertake continuous improvement in relation to the service as measured against the Aged Care Quality Standards.
(3) If the Commissioner decides to re‑accredit the residential service under subsection (1), the Commissioner must decide the further period for which the service is to be accredited.
Note: The approved provider may request the Commissioner to reconsider the decision made under subsections (1) and (3): see Part 7.
42 Notification of decision to re‑accredit residential service
(1) If the Commissioner decides to re‑accredit a residential service under section 41, the Commissioner must, within 14 days after making the decision, give written notice of the following to the approved provider of the service:
(a) the decision;
(b) the further period of accreditation, and the reasons for deciding that further period;
(c) how the provider may apply for the reconsideration of the further period of accreditation;
(g) how the provider may apply for the re‑accreditation of the service.
(2) The Commissioner must, within 28 days after making the decision, give the approved provider of the residential service a certificate of accreditation for the service that states the further period of accreditation.
43 Notification of decision not to re‑accredit residential service
If the Commissioner decides not to re‑accredit a residential service under section 41, the Commissioner must, within 14 days after making the decision, give the approved provider of the service:
(a) written notice of the following:
(i) the decision;
(ii) the reasons for the decision;
(iii) how the provider may apply for the reconsideration of the decision; and
(b) a copy of any information given to the Commissioner by the Secretary that was taken into account in making the decision.
Subdivision E—Revocation of accreditation of accredited service
44 Decision to revoke accreditation of accredited service
(1) If the Commissioner decides not to re‑accredit an accredited service under section 41, the Commissioner may revoke the accreditation of the accredited service.
Note: The approved provider may request the Commissioner to reconsider the decision under Part 7.
(2) If the Commissioner decides to revoke the accreditation of an accredited service under subsection (1), the Commissioner must decide the day on which the revocation is to take effect.
45 Notification of decision to revoke accreditation of accredited service
If the Commissioner decides to revoke the accreditation of an accredited service under section 44, the Commissioner must, within 14 days after making the decision, give written notice of the following to the approved provider of the service:
(a) the decision;
(b) the reasons for the decision;
(c) the day the revocation is to take effect;
(d) how the provider may apply for the reconsideration of the decision.
Subdivision F—Reminder notices about accreditation
46 Reminder notices
(1) Before the period of accreditation of an accredited service ends, the Commissioner may give the approved provider of the service:
(a) a written notice specifying the following matters:
(i) the day on which the period of accreditation is due to end;
(ii) a day on or before which the provider must apply for the re‑accreditation of the service under subsection 27(2) in order for section 47 not to apply in relation to the application;
(iii) the form of words to be used, if the provider applies for the re‑accreditation of the service, to tell care recipients of the service, and the nominated representatives of those care recipients, about the site audit of the service that will be conducted in relation to the application; and
(b) a poster to inform those care recipients and representatives of the site audit.
(2) In specifying a particular day under subparagraph (1)(a)(ii), the Commissioner must have regard to the likelihood that the Commissioner would make a decision under section 41 in relation to the re‑accreditation of the accredited service before the end of the service’s period of accreditation if the application were made on or after that particular day.
47 Late application for re‑accreditation after reminder notice
(1) This section applies in relation to an application made under subsection 27(2) for the re‑accreditation of an accredited service if:
(a) the Commissioner gave the approved provider of the service a notice under paragraph 46(1)(a) in relation to the service; and
(b) the application is made after the day specified in the notice under subparagraph 46(1)(a)(ii).
(2) To avoid doubt:
(a) the assessment team for a site audit of the accredited service is not required:
(i) to complete the audit before the service’s period of accreditation (the accreditation period) ends; or
(ii) to give the site audit report for the audit to the Commissioner under subsection 40(3) any earlier than within the period specified in that subsection even if that period will end after the accreditation period ends; and
(b) the Commissioner is not required to make a decision under section 41 in relation to the re‑accreditation of the service any earlier than within the period specified in subsection 41(1) even if that period will end after the accreditation period ends.
Subdivision G—Publication of decisions relating to accreditation
48 Commissioner must publish decisions relating to accreditation
Commencing services and recommencing services
(1) If the Commissioner decides under section 29 to accredit a commencing service or re‑accredit a recommencing service, the Commissioner must, as soon as practicable after making the decision, publish the decision on the Commission’s website.
Note: For the disclosure of protected information, see Division 4 of Part 7 of the Commission Act.
(2) If:
(a) the Commissioner decides under section 29 not to accredit a commencing service or not to re‑accredit a recommencing service; and
(b) no request for the reconsideration of the decision is made within the period (the reconsideration period) mentioned in paragraph 99(3)(c);
the Commissioner must, within 28 days after the end of the reconsideration period, publish the decision on the Commission’s website.
Note 1: If a request for the reconsideration of the decision is made, the reconsideration decision must be published under section 104.
Note 2: For the disclosure of protected information, see Division 4 of Part 7 of the Commission Act.
Residential services other than recommencing services
(3) If:
(a) the Commissioner:
(i) decides under section 41 to re‑accredit a residential service for a further period; or
(ii) decides under section 41 not to re‑accredit a residential service; or
(iii) decides under section 44 to revoke the accreditation of an accredited service; and
(b) no request for the reconsideration of the decision is made within the period (the reconsideration period) mentioned in paragraph 99(3)(c);
the Commissioner must, within 28 days after the end of the reconsideration period, publish on the Commission’s website the decision and the performance report about the service considered in making the decision.
Note 1: If a request for the reconsideration of the decision is made, the reconsideration decision must be published under section 104.
Note 2: For the disclosure of protected information, see Division 4 of Part 7 of the Commission Act.
Part 4—Quality reviews of services
Division 1—Introduction
49 Simplified outline of this Part
This Part provides for quality reviews of home services and Aboriginal and Torres Strait Islander services.
A quality review of a home service must be conducted at least once every 3 years. The process is as follows:
(a) the Commissioner must form an assessment team to conduct a quality audit of the service;
(b) the assessment team must prepare a quality audit report for the Commissioner;
(c) the Commissioner must give a copy of the quality audit report to the home service provider of the service;
(d) the provider may give the Commissioner a written response to the quality audit report;
(e) the Commissioner must prepare a performance report about the service, give a copy to the provider and publish the report on the Commission’s website.
Publication of decisions made before 1 January 2020 relating to re‑accreditation of an accredited service or a previously accredited service (other than a recommencing service)
(1) This section applies if, before 1 January 2020, the Commissioner made a decision mentioned in subsection 48(2) as in force immediately before 1 January 2020.
(2) Subsection 48(2), as in force immediately before 1 January 2020, continues to have effect in relation to the decision.
155 Quality reviews of home services
(1) This section applies in relation to a quality review of a home service if:
(a) the review began before 1 January 2020; and
(b) immediately before 1 January 2020, the review had not been completed.
(2) Subdivision B of Division 3 of Part 4, as in force immediately before 1 January 2020, continues to have effect in relation to the quality review.
156 Publication of performance reports for home services
Paragraph 57(1)(c) applies in relation to a performance report for a home service for which a quality review is conducted if the report is prepared on or after 1 July 2020.
157 Quality reviews of Aboriginal and Torres Strait Islander services
(1) This section applies in relation to a quality review of an Aboriginal and Torres Strait Islander service under section 58 if:
(a) the quality review began before 1 January 2020; and
(b) immediately before 1 January 2020, the quality review had not been completed.
(2) The quality review must be completed in accordance with the Quality Review Guidelines.
(3) The Commissioner may make any arrangements that are necessary for the purposes of completing the quality review in accordance with the Quality Review Guidelines.
Assessment contacts initiated but not completed before 1 January 2020
(1) This section applies in relation to an assessment contact with the approved provider of an accredited service, or the home service provider of a home service, if the assessment contact:
(a) was first made by a regulatory official before 1 January 2020; and
(b) immediately before 1 January 2020, the regulatory official had not given the provider written notice under section 68 in relation to the assessment contact.
(2) Sections 68 and 68A, as in force on 1 January 2020, apply in relation to the assessment contact as if a purpose of the assessment contact was to assess the provider’s performance, in relation to the service, against the Aged Care Quality Standards.
159 Arranging for review audits of accredited services
Despite the repeal of paragraph 70(1)(d) by the amending instrument, the Commissioner may arrange for a review audit of an accredited service to be conducted if:
(a) the approved provider of the service has requested the reconsideration of a regulatory reviewable decision (other than a decision of a kind mentioned in item 8 of the table in section 98); and
(b) the regulatory reviewable decision was made before 1 January 2020.
160 Conduct of review audits of accredited services
(1) This section applies in relation to a review audit of an accredited service if:
(a) the review audit began before 1 January 2020; and
(b) immediately before 1 January 2020, the audit had not been completed.
(2) The amendments of Subdivision A of Division 6 of Part 5 made by the amending instrument apply in relation to the review audit.
161 Revocation following review audit
(1) This section applies in relation to a decision whether to revoke the accreditation of an accredited service under subsection 77(1) that:
(a) follows a review audit of the accredited service that began, but was not completed, before 1 January 2020; and
(b) is made on or after 1 January 2020.
(2) The amendments of Subdivisions B and C of Division 6 of Part 5 made by the amending instrument apply in relation to the decision.
Publication of decisions made before 1 January 2020 relating to accreditation following review audit
(1) This section applies if, before 1 January 2020, the Commissioner made a decision mentioned in section 80.
(2) Section 80, as in force immediately before 1 January 2020, continues to have effect in relation to the decision.
163 Reviewable Commissioner decisions
The amendments of section 98 made by the amending instrument apply in relation to a decision made before, on or after 1 January 2020.
164 Reconsideration of complaints reviewable decisions
The amendments of section 100 made by the amending instrument apply in relation to a request for reconsideration made before, on or after 1 January 2020.
165 Reconsideration of regulatory reviewable decisions
The amendments of section 101 made by the amending instrument apply in relation to a request for reconsideration made before, on or after 1 January 2020.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Aged Care Quality and Safety Commission Rules 2018 | 24 Dec 2018 (F2018L01837) | 1 Jan 2019 (s 2(1) item 1) | |
| Aged Care Legislation Amendment (Single Quality Framework Consequential Amendments and Transitional Provisions) Instrument 2019 | 3 Apr 2019 (F2019L00515) | Sch 1 (items 1–41): 1 July 2019 (s 2(1) item 1) | — |
| Aged Care Quality and Safety Commission Amendment (Integration of Functions) Rules 2019 | 20 Dec 2019 (F2019L01684) | 1 Jan 2020 (s 2(1) item 1) | — |
| Aged Care Legislation Amendment (New Commissioner Functions) Instrument 2019 | 23 Dec 2019 (F2019L01696) | Sch 1 (items 8–36): 1 Jan 2020 (s 2(1) item 1) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Part 1 | |
| Division 1 | |
| s 2............................................. | rep LA s 48D |
| Division 2 | |
| s 4............................................. | am F2019L00515; F2019L01684; F2019L01696 |
| s 5............................................. | am F2019L00515 |
| rs F2019L01684 | |
| s 7............................................. | rs F2019L01684 |
| Part 2 | |
| Division 1 | |
| s 9............................................. | am F2019L01684 |
| Division 4 | |
| s 13........................................... | am F2019L01684; F2019L01696 |
| s 15........................................... | am F2019L01696 |
| s 17........................................... | am F2019L01696 |
| Division 5 | |
| s 21........................................... | am F2019L01684; F2019L01696 |
| Division 6 | |
| s 23........................................... | am F2019L01696 |
| Part 3 | |
| Division 1 | |
| s 24........................................... | rs F2019L01684 |
| Division 3 | |
| Subdivision B | |
| s 28........................................... | am F2019L00515 |
| Subdivision C | |
| Subdivision C........................... | rs F2019L01684 |
| s 29........................................... | am F2019L00515 |
| rs F2019L01684 | |
| s 30........................................... | am F2019L00515 |
| rs F2019L01684 | |
| s 31........................................... | rs F2019L01684 |
| Subdivision D | |
| Subdivision D heading.............. | rs F2019L01684 |
| s 32........................................... | am F2019L01684 |
| s 33........................................... | am F2019L01684 |
| s 35........................................... | rep F2019L01684 |
| s 36........................................... | am F2019L00515; F2019L01684 |
| s 38........................................... | am F2019L01684 |
| s 40........................................... | am F2019L00515; F2019L01684 |
| s 40A........................................ | ad F2019L01684 |
| s 41........................................... | am F2019L00515 |
| rs F2019L01684 | |
| s 42........................................... | am F2019L00515; F2019L01684 |
| s 43........................................... | am F2019L01684 |
| Subdivision E | |
| s 45........................................... | am F2019L01684 |
| Subdivision G | |
| s 48........................................... | rs F2019L01684 |
| Part 4 | |
| Division 1 | |
| s 49........................................... | rs F2019L01684 |
| Division 3 | |
| Subdivision B | |
| s 53........................................... | am F2019L00515 |
| rs F2019L01684 | |
| s 53A........................................ | ad F2019L01684 |
| s 53B........................................ | ad F2019L01684 |
| s 54........................................... | am F2019L00515 |
| rs F2019L01684 | |
| s 55........................................... | rs F2019L01684 |
| s 55A........................................ | ad F2019L01684 |
| s 56........................................... | am F2019L00515 |
| rs F2019L01684 | |
| s 57........................................... | am F2019L00515 |
| rs F2019L01684 | |
| Subdivision C | |
| s 58........................................... | am F2019L01684 |
| Part 5 | |
| Division 1 | |
| s 59........................................... | am F2019L00515 |
| rs F2019L01684 | |
| Division 4 | |
| s 62........................................... | rs F2019L00515 |
| am F2019L01684 | |
| s 63........................................... | rep F2019L00515 |
| ad F2019L01684 | |
| s 63A........................................ | ad F2019L01684 |
| Division 5 | |
| Division 5 heading.................... | rs F2019L01684 |
| Subdivision A heading.............. | rep F2019L01684 |
| s 64........................................... | rs F2019L01684 |
| s 65........................................... | rs F2019L01684 |
| s 66........................................... | rs F2019L01684 |
| s 67........................................... | am F2019L01684 |
| s 68........................................... | am F2019L00515 |
| rs F2019L01684 | |
| s 68A........................................ | ad F2019L01684 |
| Subdivision B........................... | rep F2019L01684 |
| s 69........................................... | rep F2019L01684 |
| Division 6 | |
| Subdivision A | |
| s 70........................................... | am F2019L00515; F2019L01684; F2019L01696 |
| s 73........................................... | am F2019L00515; F2019L01684 |
| s 74........................................... | am F2019L01684 |
| s 76........................................... | am F2019L00515; F2019L01684 |
| s 76A........................................ | ad F2019L01684 |
| Subdivision B | |
| s 77........................................... | am F2019L00515 |
| rs F2019L01684 | |
| s 78........................................... | am F2019L01684 |
| s 79........................................... | am F2019L00515; F2019L01684 |
| Subdivision C | |
| s 80........................................... | am F2019L01684 |
| Division 7 heading.................... | am F2019L00515 |
| rep F2019L01684 | |
| Division 7................................. | rep F2019L01684 |
| s 81........................................... | rs F2019L00515 |
| rep F2019L01684 | |
| s 82........................................... | rep F2019L00515 |
| s 83........................................... | rep F2019L01684 |
| Subdivision B heading.............. | am F2019L00515 |
| rep F2019L01684 | |
| s 84........................................... | am F2019L00515 |
| rep F2019L01684 | |
| s 85........................................... | am F2019L00515 |
| rep F2019L01684 | |
| Division 8 | |
| s 86........................................... | am F2019L01684 |
| Part 6 | |
| Division 2 | |
| s 91........................................... | am F2019L01684 |
| Part 7 | |
| Division 1 | |
| s 96........................................... | am F2019L01696 |
| Division 2 | |
| s 98........................................... | am F2019L01684; F2019L01696 |
| s 99........................................... | am F2019L01696 |
| s 100......................................... | am F2019L01684; F2019L01696 |
| s 101......................................... | am F2019L01684; F2019L01696 |
| s 102......................................... | am F2019L01696 |
| s 103......................................... | am F2019L01696 |
| Part 8 | |
| Division 2 | |
| s 107......................................... | rep F2019L01684 |
| s 108......................................... | am F2019L01684 |
| s 109......................................... | am F2019L00515 |
| Part 8A | |
| Part 8A...................................... | ad F2019L01696 |
| s 111A...................................... | ad F2019L01696 |
| Part 8B | |
| Part 8B...................................... | ad F2019L01696 |
| Division 1 | |
| s 111B...................................... | ad F2019L01696 |
| Division 2 | |
| s 111C...................................... | ad F2019L01696 |
| s 111D...................................... | ad F2019L01696 |
| Division 3 | |
| s 111E...................................... | ad F2019L01696 |
| Division 4 | |
| s 111F....................................... | ad F2019L01696 |
| Part 9 | |
| Division 1 | |
| Division 1 heading.................... | rs F2019L00515 |
| Subdivision A | |
| Subdivision A heading.............. | ad F2019L00515 |
| s 112......................................... | am F2019L00515; F2019L01684 |
| Subdivision B | |
| Division 2 heading.................... | rep F2019L00515 |
| Subdivision B heading.............. | ad F2019L00515 |
| Subdivision C | |
| Division 3 heading.................... | rep F2019L00515 |
| Subdivision C heading.............. | ad F2019L00515 |
| Subdivision D | |
| Division 4 heading.................... | rep F2019L00515 |
| Subdivision D heading.............. | ad F2019L00515 |
| Subdivision E | |
| Division 5 heading.................... | rep F2019L00515 |
| Subdivision E heading.............. | ad F2019L00515 |
| Subdivision F | |
| Division 6 heading.................... | rep F2019L00515 |
| Subdivision F heading............... | ad F2019L00515 |
| Subdivision G | |
| Division 7 heading.................... | rep F2019L00515 |
| Subdivision G heading.............. | ad F2019L00515 |
| s 131......................................... | am F2019L01696 |
| s 132......................................... | am F2019L01696 |
| s 133......................................... | am F2019L01696 |
| s 134......................................... | am F2019L01696 |
| s 135......................................... | am F2019L01696 |
| Division 2 | |
| Division 2................................. | ad F2019L00515 |
| s 138......................................... | ad F2019L00515 |
| s 139......................................... | ad F2019L00515 |
| s 140......................................... | ad F2019L00515 |
| s 141......................................... | ad F2019L00515 |
| s 142......................................... | ad F2019L00515 |
| s 143......................................... | ad F2019L00515 |
| s 144......................................... | ad F2019L00515 |
| s 145......................................... | ad F2019L00515 |
| s 146......................................... | ad F2019L00515 |
| s 147......................................... | ad F2019L00515 |
| s 148......................................... | ad F2019L00515 |
| s 149......................................... | ad F2019L00515 |
| Division 3 | |
| Division 3................................. | ad F2019L01684 |
| s 150......................................... | ad F2019L01684 |
| s 151......................................... | ad F2019L01684 |
| s 152......................................... | ad F2019L01684 |
| s 153......................................... | ad F2019L01684 |
| s 154......................................... | ad F2019L01684 |
| s 155......................................... | ad F2019L01684 |
| s 156......................................... | ad F2019L01684 |
| s 157......................................... | ad F2019L01684 |
| s 158......................................... | ad F2019L01684 |
| s 159......................................... | ad F2019L01684 |
| s 160......................................... | ad F2019L01684 |
| s 161......................................... | ad F2019L01684 |
| s 162......................................... | ad F2019L01684 |
| s 163......................................... | ad F2019L01684 |
| s 164......................................... | ad F2019L01684 |
| s 165......................................... | ad F2019L01684 |
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