Approved Provider Principles 1997 (Cth)
Approved Provider Principles 1997
as amended
made under subsection 96-1(1) of the
Aged Care Act 1997
Compilation start date: 1 August 2013
Includes amendments up to: Approved Provider Amendment (Home Care) Principle 2013
About this compilation
The compiled instrument
This is a compilation of the Approved Provider Principles 1997 as amended and in force on 1 August 2013. It includes any amendment affecting the compiled instrument to that date.
This compilation was prepared on 1 August 2013.
The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.
Uncommenced provisions and amendments
If a provision of the compiled instrument is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.
Application, saving and transitional provisions for amendments
If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.
Modifications
If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled instrument has expired or otherwise ceased to have effect in accordance with a provision of the instrument, details of the provision are set out in the endnotes.
Contents
Part 1—Preliminary 1
6.1......... Citation.......................................................................................................................... 1
6.2......... Commencement............................................................................................................. 1
6.3......... Definition...................................................................................................................... 1
Part 2—Suitability of people to provide aged care 2
Division 1—Other matter to be considered by Secretary 2
6.4......... Purpose of Division (Act, s 8‑3)................................................................................... 2
6.5......... Other matter................................................................................................................... 2
Division 2—Matters to which Secretary must have regard 3
6.6......... Purpose of Division (Act, s 8‑3)................................................................................... 3
6.7......... Suitability of key personnel........................................................................................... 3
6.8......... Applicant’s ability and experience................................................................................. 4
6.9......... Applicant’s record of financial management.................................................................. 4
6.10....... Applicant’s conduct as a provider................................................................................. 5
6.11....... Applicant’s conduct generally....................................................................................... 5
Part 3—Requests for further information 6
6.12....... Purpose of Part (Act, s 8‑4).......................................................................................... 6
6.13....... The circumstances......................................................................................................... 6
Endnotes7
Endnote 1—Legislation history 7
Endnote 2—Amendment history 8
Endnote 3—Uncommenced amendments [none] 9
Endnote 4—Misdescribed amendments [none] 10
Note: Part 2.1 of the Aged Care Act 1997
Part 2.1 of the Aged Care Act 1997 is about the approval of providers of aged care.
Regardless of what type of aged care is to be provided, approval under Part 2.1 is a precondition to a provider of aged care receiving subsidy under Chapter 3 of the Act for the provision of the care.
These Principles deal with a number of matters that are important in operating the approval process.
Part 1—Preliminary
6.1 Citation
These Principles may be cited as the Approved Provider Principles 1997.
6.2 Commencement
These Principles commence on 1 October 1997.
6.3 Definition
In these Principles:
Act means the Aged Care Act 1997.
Note: A number of expressions used in these Principles are defined in the Act, including the following:
(a) home care;
(b) residential care.
Part 2—Suitability of people to provide aged care
Division 1—Other matter to be considered by Secretary
6.4 Purpose of Division (Act, s 8‑3)
This Division specifies another matter that the Secretary must consider in deciding whether an applicant is suitable to provide aged care.
6.5 Other matter
The Secretary must consider the conduct and experience of the applicant other than as a provider of aged care.
Division 2—Matters to which Secretary must have regard
6.6 Purpose of Division (Act, s 8‑3)
This Division specifies matters to which the Secretary must have regard in considering matters specified in subsection 8‑3(1) of the Act.
6.7 Suitability of key personnel
(1) In considering, under paragraph 8‑3(1)(a) of the Act, the suitability and experience of each of the applicant’s key personnel, the Secretary must have regard to the following matters:
(a) whether the person is at least 18 years;
(b) the honesty of the person, and, in particular:
(i) any claims by the person, or by a corporation with which the person has been associated, for benefits and subsidies from the Commonwealth or a State, Territory or local government authority; and
(ii) whether the person, or a corporation with which the person has been associated, has met its obligations to Commonwealth, State, Territory and local government authorities; and
(iii) whether the person, or a corporation with which the person has been associated, has been refused a licence or approval, or had a licence or approval revoked, under Commonwealth, State, Territory or local government law for any reason that involved an act of dishonesty; and
(iv) whether the person, or a corporation with which the person has been associated, has levied, or attempted to levy, any charge for services where there was no entitlement to do so;
(c) whether, because of serious misconduct involving the person, the person or someone else (including a corporation) with which the person was associated, has had:
(i) an application for approval as a provider of aged care rejected; or
(ii) its approval as a provider of aged care revoked;
(d) whether the person:
(i) is or has been a bankrupt, has applied to take the benefit of a law for the relief of bankrupt or insolvent debtors, or has compounded with his or her creditors; or
(ii) has been associated in a management capacity with a corporation that is or has been under the control of a receiver.
Example of obligations for subparagraph (b)(ii):
Obligations for payment of payroll taxes, workers compensation premiums and local government rates and taxes.
(2) However, the Secretary may also have regard to any other relevant matter.
6.8 Applicant’s ability and experience
(1) The Secretary must have regard to the matters set out in subsection (2) in considering:
(a) under paragraph 8‑3(1)(b) of the Act, the applicant’s ability to provide, and its experience (if any) in providing, aged care; and
(b) under paragraph 8‑3(1)(c) of the Act, the applicant’s ability to meet (and, if the applicant has been a provider of aged care, its record of meeting) relevant standards for the provision of aged care; and
(c) under paragraph 8‑3(1)(d) of the Act, the applicant’s commitment to (and, if the applicant has been a provider of aged care, its record of commitment to) the rights of the recipients of aged care.
(2) The matters are:
(a) the applicant’s demonstrated experience in the provision of care to aged or disabled persons, or care provided in other supported environments, or in any other relevant area that the Secretary considers appropriate; and
(b) the applicant’s record of paid or voluntary involvement in residential or community services for aged or disabled persons or persons in residential or community care environments; and
(c) the applicant’s experience and efficiency in personnel management, including:
(i) the applicant’s record of staff management; and
(ii) the staff management practices employed or proposed to be employed to manage the facility effectively and efficiently.
Examples of other supported environments for paragraph (a):
1. Retirement villages
2. Sheltered housing
3. Nursing homes or hostels for the aged
4. Day care centres
5. HACC programs
6. Residential care services
7. Home care services
8. Flexible care services
(3) However, the Secretary may also have regard to any other relevant matter.
6.9 Applicant’s record of financial management
(1) In considering, under paragraphs 8‑3(1)(e) and (f) of the Act, the applicant’s record of financial management, and the methods that the applicant uses, or proposes to use, in order to ensure sound financial management, the Secretary must have regard to the following matters:
(a) whether the applicant has kept appropriate books, documents and records;
(b) the applicant’s financial liabilities, including lease obligations;
(c) whether the applicant is or has been under the control of a receiver;
(d) whether the applicant has followed recognised accounting standards.
(2) However, the Secretary may also have regard to any other relevant matter.
6.10 Applicant’s conduct as a provider
(1) In considering, under paragraph 8‑3(1)(g) of the Act, the applicant’s conduct as a provider of aged care, its compliance with its responsibilities as a provider and its obligations arising from the receipt of any payments from the Commonwealth for providing that aged care, the Secretary must have regard to the following matters:
(a) whether the applicant has assaulted or physically or mentally abused care recipients or staff, or assisted, condoned or failed to prevent such actions;
(b) whether the applicant has treated care recipients and staff with courtesy and respect, with due regard to religious, cultural and social diversity;
(c) the management of care recipients’ finances, including management of accommodation bonds in accordance with Division 57 of the Act.
(2) However, the Secretary may also have regard to any other relevant matter.
6.11 Applicant’s conduct generally
(1) In considering, under paragraph 8‑3(1)(h) of the Act and section 6.5 of these Principles, the conduct and experience of the applicant other than as a provider of aged care, the Secretary must have regard to the following matters:
(a) the information provided by the applicant in support of an application for, or in the course of a review of, approved provider status;
(b) whether the applicant has met its obligations to Commonwealth, State, Territory and local government authorities;
(c) whether the applicant has been convicted of an indictable offence.
(2) However, the Secretary may also have regard to any other relevant matter.
Part 3—Requests for further information
6.12 Purpose of Part (Act, s 8‑4)
This Part specifies the circumstances in which the power to specify a shorter period within which an applicant may give further information in support of an application may be exercised.
6.13 The circumstances
(1) The Secretary may exercise the power only if the Secretary reasonably believes:
(a) that care for care recipients may be prejudiced by delay in deciding whether to approve the applicant as a provider of aged care; or
(b) that a relevant person has:
(i) been refused approval as a provider of aged care; or
(ii) had approval as a provider of aged care revoked under subsection 10‑3(1) of the Act.
Example of circumstances mentioned in paragraph (a):
Approved places have been transferred and it is necessary to relocate care recipients.
(2) In paragraph (1)(b):
relevant person means:
(a) the applicant; or
(b) a person who is a key personnel of the applicant.
Endnotes
Endnote 1—Legislation history
This endnote sets out details of the legislation history of the Approved Provider Principles 1997.
| Title | Gazettal or FRLI registration date | Commencement date | Application, saving and transitional provisions |
| Approved Provider Principles 1997 | 29 Sept 1997 (see Gazette 1997, No. S380) | 1 Oct 1997 | |
| Approved Provider Principles Amendment (No. 1) 1997 | 14 Jan 1998 (see Gazette 1998, No. GN2) | 1 Oct 1997 | — |
| Approved Provider Amendment (Home Care) Principle 2013 | 11 July 2013 (see F2013L01349) | 1 Aug 2013 | — |
Endnote 2—Amendment history
This endnote sets out the amendment history of the Approved Provider Principles 1997.
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted exp. = expired or ceased to have effect | |
| Provision affected | How affected |
| Part 1 | |
| Note to s. 6.3.................... | rs. 2013L01349 |
| Part 2 | |
| Division 2 | |
| s. 6.8................................. | am. No. 1, 1997; F2013L01349 |
Endnote 3—Uncommenced amendments [none]
There are no uncommenced amendments.
Endnote 4—Misdescribed amendments [none]
There are no misdescribed amendments.
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