Support Services for Aged Care Pty Ltd and Aged Care Quality and Safety Commissioner

This matter concerned an application by Support Services for Aged Care Pty Ltd (the Applicant) for approval as a provider of aged care services, specifically home care. The Aged Care Quality and Safety Commissioner (the Respondent) had refused the application, a decision the Applicant sought to have reviewed. The review was heard by Mrs J C Kelly, Senior Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the Applicant had demonstrated sufficient experience in providing aged care or other relevant forms of care, whether it understood its responsibilities as a home care provider, and whether it possessed or proposed to implement adequate systems to meet those responsibilities, including sound financial management. The Applicant’s suitability was assessed against the requirements of the Commission Act.

The Tribunal found that the Applicant had no direct experience in providing aged care or similar services. It relied heavily on the experience of its sole director and shareholder, Mr Amoor, and proposed key personnel, Ms Yassine and Ms Hoolihan. However, the Tribunal gave no weight to Ms Yassine’s experience as she had left the Applicant and there was no evidence of her return. Similarly, the Tribunal found no corroborative evidence of Ms Hoolihan’s qualifications or experience, nor any indication she would fulfil the nominated role, and therefore gave her experience no weight. While Mr Amoor had experience as a General Manager Operations for an NDIS provider and as CEO of an NDIS provider that had entered into aged care contracts, the Tribunal found there was no detailed evidence of his specific duties and responsibilities in these roles. Consequently, the Tribunal was not satisfied that the Applicant met the suitability requirements under section 63D(2)(b) of the Commission Act.

The Tribunal affirmed the reviewable decision.