Amana Community Services (ACS) is a registered NDIS Provider and has been providing services for approximately 18 months within the community of Western Sydney, NSW. ACS was established by Maryana Nasour (Managing Director and CEO) and Saadallah Ramadan (Managing Director). Both Managing Directors have extensive experience working in the disability sector as well as in management roles. The audit was conducted with the Managing Director and CEO, who also works as a Principal of an Arabic School of 200 students (voluntary role). Maryana demonstrated a high level of compassion for ACS and described ACS' values and visions as providing good, quality services to people living with disability" ...

The audit team conducted a process-based audit focusing on significant objectives required by the standard and applicable requirements. The audit methods used were interviews, observation of activities and review of documentation and records. The structure of the audit was in accordance with the audit program and audit plan. This audit was successful in meeting the stated objectives. With consideration to the findings identified, the overall conclusions of the audit are: The Management System is evaluated as entirely effective. The audit findings and supporting evidences are available in this report for further action [Emphasis added].

1. While the operational aspects of NDIS and aged care may differ, there are overlapping areas of expertise, including care coordination, staff management, quality assurance, and regulatory compliance. These skills acquired as a NDIS provider can be effectively applied in the aged care context. The applicant's conduct as a provider of NDIS services demonstrates a commitment to delivering services within a regulated healthcare environment and the applicant's ability to meet its regulatory requirements. The applicant contends that it is fully prepared to extend this rigorous approach to our aged care clients, ensuring that they receive the same level of attention and commitment to compliance with the Code of Conduct and all relevant responsibilities under the Commission Act.
2. The applicant has compiled a comprehensive Policies and Procedures (P&P) manual, developed with the guidance of external consultant, GGJ Consultants. I accept that the use of a consultant is standard practice in the healthcare industry for applications such as these and that policies are regularly bought 'off-the-shelf'. The P&P manual encompasses a wide range of topics, including clinical care, quality improvement, and financial management. The applicant's P&P manual serves as a foundational document guiding the applicant's practices and outlines the processes, protocols, and quality assurance mechanisms that have been put in place to ensure compliance and the delivery of high-quality care services. The evidence demonstrates that it is regularly updated to align with regulatory changes and ongoing requirements.
3. Mr Paul Sadler, an independent aged care consultant, has provided a witness statement in these proceedings dated 7 February 2024 and gave evidence orally at hearing. Mr Sadler's extensive experience is detailed in his written statement and is predominantly focused on management and oversight of aged care providers. In 2021, Mr Sadler was engaged by the applicant to assist them to prepare their application to become an approved provider. He recommended the applicant adopt the policy and procedure manual offered by GGJ Consultants and assisted the applicant to customise the P&P manual to their organisation. Mr Sadler gave evidence about the use of GCJ policy manuals by other providers. In February 2024, Mr Sadler joined the applicant's Board to further assist in its understanding of the aged care environment and its intention to successfully apply for approved provider status. In conclusion, he stated:

I believe the owners of Amana Community Services, Maryana Nasour and Dr Saad Ramadan, have absolutely the right motivation to become an approved home care provider. They are committed to serving their Arabic and Muslim communities.

In the two and a half years since they first applied, their experience with provision of services to older people has only grown stronger as their brokerage business has expanded. They have also during that time adopted new IT systems to manage service delivery and staff training.

Their commitment to meet the requirements of approved provider status is evidenced through their engagement of my consultancy services, their use of the GGJ policy manual and my appointment to the ACS Board. With our support, I believe ACS can operate effectively as an approved provider of home care.

1. The applicant has provided a number of references in support of its application. They include:

(a) a statement of Zeinab Faraj, rostering officer/HR, dated 25 January 2024; > > (b) a statement of Hala Hammoud, client/participant's daughter, dated 1 February 2024; > > (c) a statement of Abir Baddah, client/participant's daughter-in-law, dated 7 February 2024; > > (d) A statement of Rana Kabbout, director of Enhance Supports and Services dated 1 February 2024, which states:

Our organization has had the privilege of engaging with Amana Community Services over the past twelve months, and we attest to the positive impact they have made in the provision of high-quality care. Throughout our collaboration, Amana Community Services has consistently demonstrated a commitment to delivering care that aligns with the Aged Care Quality Standards established by the Australian Aged Care Quality. As a witness to their dedication, we have entrusted them with the brokerage services for two care recipients over the period of collaboration. The feedback from these care recipients has been positive, highlighting the standard of care delivery provided by Amana Community Services.

Amana Community Services has distinguished itself with a diverse, bilingual, and skilled team that embraces a consumer direct care approach. Their focus on the individual needs and goals of care recipients, tailored to their cultural and personal identity, reflects a commitment to delivering care with dignity and respect.

We have observed firsthand their active collaboration with both care recipients and Enhance Supports and Services to address ongoing care changes and planning needs promptly.

This approach empowers care recipients with choice and control over safe supports that align with their health, well-being, and personal preferences. In endorsing Amana Community Services' application, we are confident that, with approval, they will continue to uphold the highest standards of care and make a lasting positive impact on the lives of older Australians.

1. At hearing, concern was raised in cross examination that aspects of the P&P manual put forward by the applicant contained references to services and aspects that were not applicable such as references to residential care. It is submitted that it is not acceptable for the applicant to have guidance in its manual for its staff that relates to residential care when it does not provide residential care. While it is not ideal, I do not accept that the applicant has provided incorrect information to staff when it would be plainly obvious to them, if it's referring to residential care, that it would not apply.
2. Issue was also raised about the formation of a Consumer Advisory Committee. At the time of the original application, there was no requirement to offer a consumer advisory body to the service consumers. After the conclusion of the hearing, the applicant provided an additional document, which is entitled "Consumer Advisory Body: Invitation to Consumers and Representatives". The document details the formation and purpose of the body as well as frequency of meetings being "at least once every 12 months". The commissioner makes criticism of the wording in the document, specifically that the:

...requirement is for the approved provider to offer, at least once every 12 months, care recipients and their representatives the opportunity to establish one or more consumer advisory bodies to give the provider feedback. It is not, as the additional document and Policy 8.9.2 suggest, something that the approved provider convenes or that the provider can purport to limit a care recipient's involvement in or the feedback that is to be provided (described in the document as 'issues to be considered').

Such criticism does not give rise to a finding that the applicant fails to understanding its obligations, nor give rise to concerns about the adequacy of the systems it would have in place to ensure compliance, and more broadly its suitability having regard to the matters in subsection 63D(3) of the Commission Act. As already stated, the applicant's policies were established before this new requirement came into effect and as already stated, the applicant's policies and procedures are subject to ongoing review and adjustment to align with evolving aged care standards.

1. Having carefully considered the evidence in totality, I am satisfied that the applicant has adequate systems in place or will have them in place if it is granted approval, to ensure that it will achieve and maintain compliance with the responsibilities of an aged care provider. Relatedly and as a result, I am also satisfied that the applicant has demonstrated an appropriate understanding of a provider's responsibilities.
2. Considering financial management, in terms of operating capital, the applicant relies on the cash position of three bank accounts in the name of Mr Ramadan, two of which contained a total of $222,783.93 on 3 June 2022 and the third contained $85,993.20 as of 31 March 2023. The Tribunal has before it a rudimentary profit and loss statement, which appears to show a full year profit of $225,694.32 for an undisclosed year. The applicant has also provided two financial statements prepared by the company that employs Mr Baddour, which indicate a $2,034.58 loss in the 2020 financial year, and a $855.43 profit for the 2021 financial year.
3. Mr Faqih provided a statement in these proceedings dated 9 February 2024 and gave evidence orally at hearing. In his statement he spoke of the applicant's financial capability and said, it is "bolstered by its directors' commitment to invest in the aged home care sector, which was notably strong. Ownership of three residential properties, a healthy stock portfolio and the directors' stable full-time employment provide a solid foundation for financial stability". He further said the applicant:

...stands as a testament to good company structure, governance, and solid compliance with Australian laws. Their payroll management, invoicing procedures, BAS statements, and overall commitment to legal requirements underscore their eligibility and suitability to become an approved aged care provider.

1. At hearing, Mr Faqih confirmed that his opinions were from his perspective as a tax agent and from his understanding of the applicant's running of the business. He confirmed that his opinion about the applicant's financial capability was based on the applicant's income and cash assets, bolstered by the directors' assets. He stated that as of December 2023, the applicant had $43,000 in cash assets. Mr Faqih said that payments would need to come out for GST and superannuation but at the same time, the company would still be running and generating income.

1. The Tribunal is satisfied on the evidence before it that the applicant currently meets the threshold of suitability to provide aged care, as required by paragraph 63D(2)(b) of the Commission Act. The decision under review is set aside and in substitution it is decided that the applicant is approved as a provider of aged care (home care).

1. I certify that the preceding 39 (thirty-nine) paragraphs are a true copy of the reasons for the decision herein of Senior Member A Poljak

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