Accreditation Grant Principles 1998

Legislation au C2004L02087 Not in force Legislative Instrument

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Aged Care Act 1997

I, warwick LESLIE smith, Minister for Family Services, make the following Principles under subsection 96-1 (1) of the Aged Care Act 1997.

Dated 10 July 1998.

WARWICK SMITH

Minister for Family Services

____________

Aged Care Act 1997

Accreditation Grant Principles 1998

Table of Provisions

Section Page

Part 1—Preliminary

2.1 Name of Principles..................................................1

2.2 Commencement....................................................1

2.3 Definitions........................................................1

Part 2—Accreditation grant for assessment of services and promotion
of quality care

2.4 Purpose of Part (Act, s 80-1)...........................................3

Division 1—Conducting assessments

2.5 Assessment of residential care services....................................3

2.6 Procedure for assessments.............................................3

2.7 Publication of assessment..............................................4

2.8 Assessment report to be made available...................................4

2.9 Consequences of failure to comply with Residential Care Standards...............4

Division 2—Promoting quality care in residential care services

2.10 Promoting and encouraging quality care...................................5

Part 3—Condition of accreditation grant

2.11 Purpose of Part (Act, s 80-2)...........................................6

2.12 Information requested by the Minister.....................................6

Aged Care Act 1997

Accreditation Grant Principles 1998

Note: Part 5.4 of the Aged Care Act 1997

Part 5.4 of the Aged Care Act 1997 is about making accreditation grants.

The Aged Care Standards and Accreditation Agency is the body corporate paid an accreditation grant under the accreditation grant agreement for the purposes set out in these Principles. The Agency will monitor new quality assurance arrangements for residential care services.

These Principles set out the procedures to be followed, and the matters to be taken into account, by the Agency for assessment of residential care services, and conditions to which the accreditation grant is subject.

Part 1—Preliminary

2.1 Name of Principles

These Principles are the Accreditation Grant Principles 1998.

2.2 Commencement

These Principles commence on gazettal.

2.3 Definitions

In these Principles:

Accountability Principles means the Accountability Principles 1998 made under subsection 96-1 (1) of the Act.

accreditation grant agreement means an agreement under which an accreditation grant is payable.

Note Accreditation grant agreements are authorised by subsection 80-1 (1) of the Act.

Act means the Aged Care Act 1997.

approved assessor means a person approved under section 2.6 as an assessor for a residential care service.

key personnel:

(a) for an approved provider—has the same meaning as in subsection 9-1 (2) of the Act; or

(b) for a person who is not an approved provider—means the persons who would be the person’s key personnel if the person were an approved provider.

new residential care service means an undertaking through which residential care is proposed to be, but is not being, provided.

representative, for a person receiving care through a residential care service, includes an advocate, carer, legal guardian and relative.

residential care service includes a new residential care service.

Residential Care Standards means the Residential Care Standards in Schedule 3 of the Quality of Care Principles 1997.

transition period means the period after these Principles commence and before 1 January 2001.

Note: Definitions

A number of expressions used in these Principles are defined in the Aged Care Act 1997 (see Dictionary in Schedule 1), including:

accreditation body
accreditation grant
approved provider

care
residential care service.

Part 2—Accreditation grant for assessment of services and promotion of quality care

2.4 Purpose of Part (Act, s 80-1)

This Part sets out functions to be performed by the accreditation body.

Division 1—Conducting assessments

2.5 Assessment of residential care services

(1) The accreditation body must arrange for assessments of residential care services to be conducted during the transition period.

(2) An assessment of a residential care service must take into account whether the level of care provided by the service to care recipients complies with the Residential Care Standards.

(3) The accreditation body may use any of the following indicators to decide the order in which residential care services are to be assessed:

(a) any change of ownership of the service;

(b) the number and seriousness of complaints made against the service;

(d) the results of previous assessments of the service.

2.6 Procedure for assessments

(1) The assessment of the residential care service must be carried out by a person approved by the accreditation body as an assessor (the approved assessor).

(2) Before the assessment is carried out, the accreditation body:

(a) must tell the residential care service, in writing, that the service is to be assessed by an approved assessor; and

(b) must ask the service to provide any information relevant to the assessment.

(3) In carrying out the assessment, the approved assessor:

(a) must act consistently with any provisions of the Accountability Principles applying to the assessment; and

(b) must assess the residential care service’s quality of care against the Residential Care Standards; and

(c) must meet with the approved provider of the service (or key personnel of the approved provider), and persons receiving care through the service (or their representatives), during any on-site assessment to discuss the assessment; and

(d) must meet with the approved provider at the end of any on-site assessment to discuss the assessment; and

(e) must not disclose or communicate to the service, or to key personnel of the service, information identifying persons receiving care through the service (or their representatives).

Note The Accountability Principles set out various aspects of the access that a person may have to a residential care service in carrying out functions under these Principles.

(4) Within 7 days after completing the assessment, the approved assessor must give the accreditation body and the residential care service a written report of the assessment.

(5) The assessment must clearly identify whether or not the residential care service complies with the Residential Care Standards.

2.7 Publication of assessment

Within 28 days after receiving an assessment report, the accreditation body must publish the report.

2.8 Assessment report to be made available

The accreditation body must give a copy of an approved assessor’s report given to the accreditation body to anyone who asks for a copy.

2.9 Consequences of failure to comply with Residential Care Standards

(1) If, in performing its functions, the accreditation body identifies a failure by a residential care service to comply with the Residential Care Standards, the accreditation body must decide whether the failure has placed, or may place, the safety, health or wellbeing of persons receiving care through the service at serious risk.

(2) If the accreditation body decides that the failure has placed, or may place, the safety, health or wellbeing of persons receiving care through the service at serious risk, the accreditation body must immediately tell the Secretary and the service, in writing, about the failure and any concerns of the accreditation body.

(3) If the accreditation body decides that the failure has not placed, and will not place, the safety, health or wellbeing of persons receiving care through the service at serious risk, the accreditation body must tell the residential care service, in writing, about:

(a) the areas in which improvements must be made by the service to ensure that it complies with the Residential Care Standards; and

(b) the timetable to make improvements in the areas; and

(c) the program of visits by an approved assessor to assess progress made by the service in making improvements in the areas.

(4) If, at the end of the timetable, the accreditation body is not satisfied that the level of care provided by the residential care service complies with the Residential Care Standards, the accreditation body must recommend to the Secretary that sanctions under the Act be imposed on the approved provider that operates the service.

(5) If, at the end of the timetable, the accreditation body is satisfied that the level of care provided by the residential care service complies with the Residential Care Standards, the accreditation body and the approved provider that operates the service must agree on arrangements for regular supervision of the service.

(6) If the accreditation body and the residential care service do not agree on the issue mentioned in subsection (5), the accreditation body must:

(a) tell the Secretary that there is no agreement on the issue; and

(b) recommend to the Secretary that sanctions under the Act be imposed on the approved provider that operates the service.

(7) If the accreditation body takes action under subsection (2) or (4), the accreditation body may continue to supervise the residential care service, while the matter is being considered by the Secretary, for either or both of the following reasons:

(a) to ensure that the safety, health or wellbeing of persons receiving care through the service are not placed at serious risk;

(b) to suggest areas in which improvements may be made by the service.

Division 2—Promoting quality care in residential care services

2.10 Promoting and encouraging quality care

(1) The accreditation body must promote and encourage quality care in residential care services.

(2) The accreditation body may, for example:

(a) provide information, education, training and support for residential care services; and

(b) identify and encourage best practice for residential care services.

Part 3—Condition of accreditation grant

2.11 Purpose of Part (Act, s 80-2)

An accreditation grant is subject to various conditions under section 80-2 of the Act. This Part sets out 1 of the conditions.

2.12 Information requested by the Minister

If asked by the Minister, the accreditation body must give the Minister information about any aspect of the accreditation body’s operations.

Overview

The Aged Care Act 1997 was enacted to establish a framework for the provision of quality aged care services in Australia. The Act aims to ensure that residential aged care services comply with the Residential Care Standards and promote the wellbeing of care recipients. The Accreditation Grant Principles 1998 were introduced to provide guidelines for the Aged Care Standards and Accreditation Agency in the assessment of residential care services and the conditions to which the accreditation grant is subject. These principles set out the procedures for conducting assessments, publishing assessment reports, and promoting quality care in residential care services. The enacting body was the Australian Parliament. The policy objective of the Aged Care Act 1997 and its associated principles is to ensure that residential aged care services meet the required standards of care and maintain the safety, health, and wellbeing of care recipients.

Scope and Application

The Aged Care Act 1997 Accreditation Grant Principles 1998 apply to the Aged Care Standards and Accreditation Agency, which is the body corporate paid an accreditation grant under the accreditation grant agreement for the purposes set out in these Principles. The Agency is responsible for monitoring new quality assurance arrangements for residential care services, and these Principles set out the procedures to be followed and the matters to be taken into account by the Agency for assessment of residential care services, as well as the conditions to which the accreditation grant is subject. The principles apply to residential care services, which include new residential care services, and the Accreditation Grant Principles 1998 cover the assessment of residential care services, the promotion of quality care in residential care services, and the condition of the accreditation grant. The Aged Care Act 1997 Accreditation Grant Principles 1998 apply nationally across Australia, as they are made under the Aged Care Act 1997, which is a Commonwealth Act. There are no stated exclusions, exemptions, or thresholds in the Aged Care Act 1997 Accreditation Grant Principles 1998. The application of the Act may be extended or restricted through subordinate instruments, such as regulations or guidelines, which are made under the Aged Care Act 1997.

Key Provisions

The Aged Care Act 1997 Accreditation Grant Principles 1998 establish the framework for the accreditation grant process for residential care services in Australia. The primary focus of these Principles is on the assessment and accreditation of residential care services to ensure they meet the required standards for quality care (Part 2). Section 2.4 outlines the purpose of the accreditation grant, which is to support the assessment of residential care services and the promotion of quality care. Section 2.5 mandates that the accreditation body must arrange for assessments of these services during a specified transition period, ensuring they comply with the Residential Care Standards (Section 2.5(2)). The order of assessments can be influenced by factors such as changes in ownership, the number and seriousness of complaints, the time since the last assessment, and the results of previous assessments (Section 2.5(3)). Section 2.6 details the procedure for these assessments, requiring the accreditation body to notify the service in writing and request relevant information before the assessment begins. Approved assessors must meet with the service provider, care recipients, or their representatives, and provide a written report within seven days of completing the assessment (Section 2.6(4)). The obligations under these Principles are primarily on the accreditation body to ensure that assessments are conducted in a manner that is consistent with the Accountability Principles, assesses the service against the Residential Care Standards, and maintains confidentiality regarding care recipients' identities (Section 2.6(3)(e)). The accreditation body must also publish the assessment report within 28 days of receiving it and make it available to the public upon request (Section 2.7 and 2.8). If the accreditation body identifies a failure to comply with the Residential Care Standards, it must determine whether this poses a serious risk to the safety, health, or wellbeing of care recipients (Section 2.9(1)). Depending on the outcome of this determination, the accreditation body must either notify the Secretary and the service of the failure and any concerns, or recommend improvements, a timetable for these improvements, and a program of visits to assess progress (Section 2.9(2) and (3)). If the service does not comply with the standards by the end of the recommended timetable, the accreditation body must recommend sanctions against the service provider (Section 2.9(4)). The Act imposes several consequences for breaches of the Residential Care Standards. If the accreditation body determines that a service's failure to comply with the standards poses a serious risk to care recipients, it must immediately notify the Secretary and the service (Section 2.9(2)). Failure to comply with recommendations for improvements or to agree on arrangements for regular supervision can lead to the accreditation body recommending sanctions against the service provider (Section 2.9(4) and (6)). Additionally, the accreditation body may continue to supervise the service if it has taken action under Section 2.9(2) or (4) to ensure the safety of care recipients and to suggest areas for improvement (Section 2.9(7)). These provisions underscore the importance of adhering to the Residential Care Standards and the potential repercussions for non-compliance.

Area of Law: Elder Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Promoting and encouraging quality care

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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