Approved Provider Principles 2014

Administered by Department of Health, Disability and Ageing

Legislation au F2014L00698 Not in force Legislative Instrument

Legislation content

Approved Provider Principles 2014

made under section 96‑1 of the

Aged Care Act 1997

Compilation No. 1

Compilation date:    27 February 2017

Includes amendments up to: F2016L01492

Registered:    27 February 2017

 

About this compilation

This compilation

This is a compilation of the Approved Provider Principles 2014 that shows the text of the law as amended and in force on 27 February 2017 (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 (www.legislation.gov.au). 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Name of principles

3 Authority

4 Definitions

Part 3—Requests for further information

12 Purpose of this Part

13 Circumstances in which Secretary may require further information to be given within shorter period

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

Part 1—Preliminary

 

1  Name of principles

  These principles are the Approved Provider Principles 2014.

3  Authority

  These principles are made under section 96‑1 of the Aged Care Act 1997.

4  Definitions

  In these principles:

Act means the Aged Care Act 1997.

application means an application under section 8‑2 of the Act.

Note: Key personnel is defined in the Act.

Part 3—Requests for further information

 

12  Purpose of this Part

  For subsection 8‑4(4) of the Act, this Part specifies the circumstances in which the Secretary may exercise the power under subsection 8‑4(1) of the Act to specify a shorter period within which an applicant may give further information in support of an application.

13  Circumstances in which Secretary may require further information to be given within shorter period

  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 the applicant, or one of the applicant’s key personnel, 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: For paragraph (a), care for care recipients may be prejudiced by delay in deciding whether to approve an applicant as a provider of aged care if approved places have been transferred and it is necessary to relocate care recipients.

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

Approved Provider Principles 2014

12 June 2014 (F2014L00698)

1 July 2014 (s 2)

 

Aged Care Legislation Amendment (Increasing Consumer Choice) Principles 2016

23 Sept 2016 (F2016L01492)

Sch 1 (items 28, 29): 27 Feb 2017 (s 2(1) item 3)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.....................

rep LA s 48D

s 4.....................

am F2016L01492

Part 2

 

Part 2...................

rep F2016L01492

s 5.....................

rep F2016L01492

s 6.....................

rep F2016L01492

s 7.....................

rep F2016L01492

s 8.....................

rep F2016L01492

s 9.....................

rep F2016L01492

s 10....................

rep F2016L01492

s 11....................

rep F2016L01492

 

 

Overview

The Approved Provider Principles 2014 were enacted under section 96-1 of the Aged Care Act 1997, aiming to address the need for clearer guidelines regarding the approval process for aged care providers. The principles were developed by the Commonwealth Government to ensure that the Secretary of the Department of Health can effectively manage the timeliness and quality of decisions relating to the approval of aged care providers. The primary objective of these principles is to outline the circumstances under which the Secretary can mandate that an applicant submit further information within a shorter timeframe, thereby expediting the approval process where necessary. This legislative instrument is designed to mitigate potential delays that could adversely affect the care provided to recipients, especially in scenarios where approved places have already been allocated and immediate relocation of care recipients is required.

Scope and Application

The Approved Provider Principles 2014, made under section 96-1 of the Aged Care Act 1997, establish specific circumstances in which the Secretary may require an applicant for approval as a provider of aged care to submit further information within a shorter period. These principles apply to applicants for approval as aged care providers under the Act, and the Secretary's power to specify a shorter period for information submission can be exercised if it is reasonably believed that care for care recipients may be prejudiced by delay in the approval process or if the applicant, or one of their key personnel, has previously been refused approval or had their approval revoked. The scope of these principles is national, operating across Australia under the authority of the Commonwealth. The principles themselves do not specify any exclusions, exemptions, or thresholds, but they do allow for the possibility of further information being required if certain conditions are met, as outlined in the principles. The application and effect of these principles may be further detailed or modified through subordinate instruments, as necessary.

Key Provisions

The Approved Provider Principles 2014 (the Principles) are a set of regulations made under section 96-1 of the Aged Care Act 1997, which provide detailed guidelines for aged care providers in Australia. These principles govern the approval process for entities wishing to provide aged care services and outline specific circumstances under which the Secretary may require further information from applicants within a shorter period than usual. Section 12 of the Principles states the purpose of Part 3, which is to detail when the Secretary may exercise the power to specify a shorter period for providing further information. Section 13 outlines the specific circumstances under which the Secretary can require additional information within a reduced timeframe, such as when the Secretary reasonably believes that care for care recipients may be prejudiced by a delay in the approval process or if the applicant or their key personnel have previously been refused approval or had their approval revoked. The Obligations and Requirements imposed by these Principles are primarily concerned with ensuring that the approval process for aged care providers is conducted efficiently and effectively, without compromising the quality of care provided to elderly individuals. Under Section 13, the Secretary is required to assess whether the circumstances warrant a reduced timeframe for the submission of further information. This includes evaluating whether a delay in the approval process could adversely affect the care recipients or whether there are past issues with the applicant's approval status that necessitate a more stringent review. In terms of consequences for non-compliance, the Approved Provider Principles 2014 do not explicitly outline criminal or civil penalties for breaching the provisions within the document. However, failure to comply with the requirements or providing false information during the application process could potentially lead to the refusal of approval or revocation of an existing provider's approval under the Aged Care Act 1997. This could have significant ramifications for the provider, including the inability to offer aged care services and possible legal actions under the Act. It is important to note that while the Principles themselves do not detail specific penalties, non-compliance with the broader provisions of the Aged Care Act 1997 may result in fines, imprisonment, or other legal consequences as prescribed by the Act.

Legal classification tags

Area of Law
Aged Care Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Repeal & Amendment
Reporting & Disclosure Obligations

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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.