104
Registration of providers
104 Registration of providers
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Commonwealth act
The Aged Care Act 2024 replaces the 1997 law to create a rights‑based, person‑centred aged care system that strengthens safety, choice and accountability for older Australians. It reshapes access, funding and services (including home supports and assistive technology), tightens provider duties and penalties, raises workforce standards, and brings new regulatory and complaint roles to enforce quality.
It matters because it shifts responsibility onto providers and regulators to prevent harm, improve transparency, and better match funding to individual needs.
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Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Aged Care Act 2024.
104 Registration of providers
105 Commissioner must decide whether to register the entity
Subdivision B—Applications for renewal
106 Invitation to renew registration
107 Renewal of registration
108 Commissioner must decide whether to renew the registration
Subdivision C—Registration and renewal requirements
109 Registration and renewal requirements
110 Audit requirements
Division 2—Applications for approval of residential care homes
Subdivision A—Applications for approval
111 Approval of residential care homes
112 Commissioner must decide whether to approve the home
Subdivision B—Approval requirements
113 Approval requirements
Division 3—Notice of decisions and other provisions
Subdivision A—Registration and renewal decisions
114 Notice of decision to register or renew
115 Registration period
116 Extension of registration period—pending applications
117 Deemed registration
Subdivision B—Residential care home approval decisions
118 Notice of decision to approve residential care home
119 Approval period
120 Deemed approval
Subdivision C—Refusal decisions
121 Notice of possible refusal
122 Notice of refusal decisions
Part 3—Variations, suspensions and revocations
Division 1—Variations, suspensions and revocations of registrations
123 Variation of registration on Commissioner’s own initiative
124 Variation of registration on application by registered provider
125 Notice of possible variation of registration on Commissioner’s own initiative
126 Notice of possible refusal to vary registration on application by registered provider
127 Notice of decision to vary
128 Notice of decision not to vary
129 Suspension of registration
130 Effect of registration while suspended
131 Revocation of registration
132 Notice of possible suspension or revocation on Commissioner’s own initiative
133 Registered provider may be required to agree to certain matters if revocation is being considered
134 Notice of Commissioner initiated suspension or revocation
135 Notice of suspension or revocation on request by registered provider
Division 2—Variations, suspensions and revocations of approvals of residential care homes
136 Variation of approval on Commissioner’s own initiative
137 Variation of approval on application by registered provider
138 Revocation of approval
139 Notice of possible variation or revocation of approval on Commissioner’s own initiative
140 Notice of variation or revocation of approval
Division 3—Provider Register
141 Provider Register
Part 4—Obligations of registered providers etc. and conditions on registration of registered providers
Division 1—Conditions on provider registration
Subdivision A—Compliance with conditions
142 Conditions of registration
143 Conditions imposed by the Commissioner
Subdivision B—Conditions relating to Rights, Principles and Code of Conduct
144 Rights and principles
145 Aged Care Code of Conduct
Subdivision C—Conditions relating to delivery of funded aged care services
146 Compliance with Aged Care Quality Standards
147 Continuous improvement
148 Delivery of funded aged care services
149 Starting and ceasing the provision of funded aged care services and continuity of those services
Subdivision D—Conditions relating to financial matters
150 Compliance with Financial and Prudential Standards
150A Refundable deposit register
151 Fees, payments, contributions and subsidies
Subdivision E—Conditions relating to aged care workers
152 Workforce and aged care worker requirements
153 Vaccination
Subdivision F—Conditions relating to information and access
154 Personal information and record keeping
155 Provision of information to individuals
156 Access by supporters and independent aged care advocates etc.
Subdivision G—Conditions relating to governance
157 Membership of governing bodies
158 Advisory body requirements
159 Determination that certain conditions relating to the governing body of a registered provider do not apply
160 Variation or revocation of determination on the Commissioner’s own initiative
161 Constitution of registered providers that are wholly‑owned subsidiary corporations
Subdivision H—Conditions relating to restrictive practices
162 Restrictive practices
163 Immunity from civil or criminal liability in relation to the use of a restrictive practice in certain circumstances
Subdivision I—Conditions relating to management of incidents and complaints
164 Incident management
165 Complaints, feedback and whistleblowers
Division 2—Registered provider, responsible person and aged care worker obligations
Subdivision A—Obligations relating to reporting, notifications and information
165A Reports about reportable incidents
166 Other reports by registered providers
166A Approved report forms—section 165A and 166 reports
167 Change in circumstances
168 Protection of personal information
Subdivision B—Obligations relating to suitability of responsible persons
169 Responsible persons of a registered provider must notify of change of circumstances relating to suitability
170 Determination relating to suitability of responsible persons of a registered provider
171 Offence relating to failure to take action as required by determination
172 Offence relating to failure to comply with responsibility to consider suitability matters relating to responsible persons
Subdivision C—Obligations relating to aged care workers etc.
173 Aged care workers of registered providers must comply with Aged Care Code of Conduct
174 Responsible persons of registered providers must comply with Aged Care Code of Conduct
175 Registered nurses
176 Delivery of direct care
Subdivision D—Other obligations
177 Cooperation with other persons
178 Offences relating to non‑permitted use of refundable deposits
178A Offences relating to non‑permitted use of accommodation bonds
Part 5—Statutory duty and compensation
Division 1—Provider and responsible person duties
179 Registered provider duty
180 Duty for certain responsible persons
Division 2—Other provisions that apply to duties
181 Duties not transferrable
182 Entity may have more than 1 duty
183 More than 1 entity can have a duty
184 Other duties not affected
185 Concurrent operation of State and Territory laws
Division 3—Compensation pathway
186 Compensation orders
186A Protection of compensation
Part 6—Aged care digital platform operators
187 Meaning of aged care digital platform
188 Duty of operators of aged care digital platforms
189 Other obligations of certain operators of aged care digital platforms
Chapter 4—Funding of aged care services
190 Simplified outline of this Chapter
Part 2—Commonwealth contributions
Division 1—Subsidy for home support
191 Eligibility for person‑centred subsidy
192 Amount of person‑centred subsidy
193 Available ongoing home support quarterly account balance
194 Base individual amount
195 Available short‑term home support account balance
196 Primary person‑centred supplements
197 Secondary person‑centred supplements
198 Reduction amounts
199 The compensation payment reduction for person‑centred subsidy
200 The individual contribution reduction
201 Eligibility for provider‑based subsidy
202 Amount of provider‑based subsidy
203 Available service delivery branch financial year account balance
204 Base provider amount
205 Provider‑based supplements
Subdivision D—Reduction amounts for provider‑based subsidy
206 Reduction amounts
207 The compensation payment reduction for provider‑based subsidy
208 The individual contribution reduction
Division 2—Subsidy for assistive technology
209 Eligibility for person‑centred subsidy
210 Amount of person‑centred subsidy
211 Available assistive technology account balance
212 Tier amount for individual
213 Primary person‑centred supplements
214 Secondary person‑centred supplements
215 Reduction amounts
216 The compensation payment reduction for person‑centred subsidy
217 The individual contribution reduction
Division 3—Subsidy for home modifications
218 Eligibility for person‑centred subsidy
219 Amount of person‑centred subsidy
220 Available home modifications account balance
221 Tier amount for individual
222 Primary person‑centred supplements
223 Secondary person‑centred supplements
224 Reduction amounts
225 The compensation payment reduction for person‑centred subsidy
226 The individual contribution reduction
Division 3A—Unspent Commonwealth portions and home care accounts
226A Unspent Commonwealth portion
226B Return of unspent Commonwealth portion—provider election
226C Return of unspent Commonwealth portion—individual transfers between provider service delivery branches
226D Return of unspent Commonwealth portion—provider ceases to deliver services
226E Home care account balance
Division 4—Subsidy for residential care—general
Subdivision AA—When this Division does not apply
227A Division (other than section 227) not to apply to individuals in prescribed classes
227 Eligibility for person‑centred subsidy
228 Amount of person‑centred subsidy
229 Base rates
230 Primary person‑centred supplements
231 Secondary person‑centred supplements
Subdivision B—Reduction amounts for person‑centred subsidy for ongoing residential care
232 Reduction amounts
233 The compensation payment reduction for person‑centred subsidy
234 System Governor’s powers if compensation information is not given
235 The person‑centred subsidy reduction
236 Eligibility for provider‑based subsidy
237 Amount of provider‑based subsidy
238 Base provider amount
239 Provider‑based supplements
Subdivision D—Reduction amounts for provider‑based subsidy for ongoing residential care
240 Reduction amounts
241 The compensation payment reduction for provider‑based subsidy
242 Provider‑based reduction amount
Division 4A—Amount of subsidy for residential care—individuals in prescribed classes
242A Eligibility for subsidy
242B Amount of subsidy
Division 4B—Approved residential care homes with specialised status and leave from approved residential care homes
243 Approved residential care homes with specialised status
243A Revoking specialised status determinations
244 When an individual is on leave
245 Determining situations of emergency to enable additional leave
246 Working out periods of leave
Division 5—Subsidy for certain specialist aged care programs
247 Power to enter into agreements for delivery of funded aged care services under specialist aged care programs
248 Eligibility for subsidy
249 Amount of subsidy
Division 6—Subsidy claims and payment
Subdivision A—Claims and payment for home support, assistive technology and home modifications
250 Payment of subsidy
251 Claims for subsidy
251A Subsidy amounts not payable to the extent of insufficient funds
251B Debiting of notional accounts and unspent Commonwealth portions
252 Notice of refusal
253 Variations of claims
Subdivision B—Claims and payment for residential care
254 Payment of subsidy
255 Meaning of payment period
256 Timing of payments
257 Claims for subsidy
258 Notice of refusal
259 Variations of claims
Subdivision C—Claims and payment for specialist aged care programs
260 Claims and payment of subsidy
Subdivision D—Miscellaneous provisions
261 Deduction for fees
262 Multiple claims
263 Transfers of service delivery branches and approved residential care homes
263A Mergers of service delivery branches
Division 7—Grants
264 Power to enter into arrangements for delivery of funded aged care services
265 Power to enter into other arrangements
266 Terms and conditions relating to grants
267 Statutory funding conditions
268 Grantee Code of Conduct
269 System Governor has powers etc. of the Commonwealth
270 Constitutional limits
271 Executive power of the Commonwealth
Part 3—Individual fees and contributions
Division 1—Fees and contributions payable in a home or community setting
272 Division not to apply to specialist aged care programs
273 Contributions for delivery of funded aged care services in a home or community setting
273A Unspent care recipient portion
274 Compensation payment fee
Division 2—Fees and contributions payable in an approved residential care home
275 Division not to apply to specialist aged care programs
275A Division not to apply to individuals in prescribed classes
276 Contributions for delivery of funded aged care services—ongoing residential care
277 Maximum daily amount of resident contribution
278 Hotelling contribution
279 Non‑clinical care contribution
280 Hotelling contribution and non‑clinical care contribution taken to be zero in some circumstances
281 Fees for pre‑entry period—ongoing residential care
282 Fees for reserving a bed—ongoing residential care
283 Fees for delivery of funded aged care services—short‑term residential care
284 Fees for higher everyday living
285 Other matters
Division 2A—Fees and contributions payable for delivery of funded aged care services to individuals in prescribed classes
285A Fees and contributions payable for delivery of funded aged care services to individuals in prescribed classes
Division 3—Fees and contributions for specialist aged care programs
286 Fees and contributions payable for delivery of funded aged care services under a specialist aged care program
Part 4—Accommodation payments and accommodation contributions etc.
Division 1—Application of this Part
287 Application of this Part
288 Rules may deal with application to specialist aged care programs
Division 2—Maximum accommodation payment amounts and publication of certain amounts by the System Governor
289 Maximum accommodation payment amount
290 Pricing Authority may approve higher maximum accommodation payment amount
291 Registered provider must notify System Governor of accommodation payment amounts for purposes of publication
Division 3—Accommodation agreements
292 Information to be given before provider enters into an accommodation agreement with an individual
293 Registered provider must enter accommodation agreement before delivering ongoing funded aged care services to an individual
294 Accommodation agreements
295 Effect of accommodation agreements
Division 4—Charging of accommodation payments
296 Charging of accommodation payments
297 Accommodation payments must not be greater than agreed accommodation payment amounts
Division 5—Charging of accommodation contributions
298 Charging accommodation contributions
Division 6—Charging of daily payments
299 Payment in advance
300 When daily payments do not accrue
301 Charging interest
302 Rules about daily payments
Division 7—Refundable deposits
303 When refundable deposits can be paid
304 Rules about refundable deposits
305 Individual must be left with minimum assets
306 Registered provider may retain income derived
307 Amounts to be deducted from refundable deposit balances—general
308 Amounts that must be deducted from refundable deposit balances—retention amounts
309 Rules about deductions
310 Refundable deposits to be used only for permitted purposes
311 Refund of refundable deposit balances
312 Transfer of refundable deposit balance to another registered provider
313 Payment of interest—refund of refundable deposit balances
Part 5—Means testing
Division 1—Means testing in a home or community setting
314 Determination of individual contribution rate
314A Means not disclosed status
314B Electing to have means not disclosed status
315 Requirement to notify event or change in circumstances
316 Varying or revoking an individual contribution rate determination
317 Varying individual contribution rate determination following certain social security decisions
318 Varying individual contribution rate determination following event or change in circumstances
318A Revoking an incorrect individual contribution rate determination
Division 2—Means testing in approved residential care home
Subdivision A—Daily means tested amounts
319 Working out the daily means tested amount
320 Means not disclosed status
321 Electing to have means not disclosed status
Subdivision B—An individual’s total assessable income
322 Determination of individual’s total assessable income
323 Working out an individual’s total assessable income
324 Varying or revoking an income determination
325 Varying or revoking income determination on notification of event or change in circumstances
326 Varying or revoking income determination on application
327 Varying or revoking income determination on System Governor’s initiative
328 Notice of decision
Subdivision C—The value of an individual’s assets
329 Determination of value of individual’s assets
330 Working out the value of an individual’s assets
331 Varying or revoking an asset determination
332 Varying or revoking asset determination on notification of event or change in circumstances
333 Varying or revoking asset determination on application
334 Varying or revoking asset determination on System Governor’s initiative
335 Notice of decision
Subdivision D—Notifying of event or change in circumstances
336 Requirement to notify event or change in circumstances
337 Notification by the registered provider
Part 6—Miscellaneous
337A Compensation for acquisition of property
Chapter 5—Governance of the aged care system
338 Simplified outline of this Chapter
Part 2—System Governor
339 Functions of the System Governor
340 Executive power of the Commonwealth
341 Register of coroner’s reports
342 Reporting relating to recommendations in coroner’s reports
342A Quarterly reporting on waiting periods for certain funded aged care services
343 System Governor may request information or documents from persons or bodies
343A Identity cards for approved needs assessors
Part 3—Aged Care Quality and Safety Commission
Division 1—Establishment and functions of the Aged Care Quality and Safety Commission
344 Aged Care Quality and Safety Commission
345 Constitution of the Commission
346 Functions of the Commission
Division 2—Establishment and functions of the Commissioner
347 Commissioner
348 Functions of the Commissioner
349 Safeguarding functions
350 Engagement and education functions
351 Registration of providers functions
352 Commissioner may request information or documents from persons
353 Deputy Commissioners
354 Appointment of Chief Clinical Advisor
355 Minister may give directions
Division 3—Establishment and functions of the Complaints Commissioner
356 Complaints Commissioner
357 Functions of the Complaints Commissioner
358 Complaints functions
359 Complaints Commissioner may request information or documents from persons
360 Minister may give directions
361 Dealing with complaints
Division 4—Administration
362 Acting appointments
363 Remuneration and allowances
364 Leave of absence
365 Other paid work
366 Other terms and conditions
367 Resignation
368 Termination of appointment
Division 5—Staff of the Commission
369 Staff
370 Persons assisting the Commission
371 Consultants
Division 6—Reporting and planning
372 Annual report
373 Minister may request report on matters relating to Commissioner’s functions
374 Minister may request report on matters relating to Complaints Commissioner’s functions
375 Consulting on corporate plans
Division 7—Financial and Prudential Standards
376 Commissioner may make Financial and Prudential Standards
377 Having regard to principles, and consultation, in making standards
378 Effect of Financial and Prudential Standards
Division 8—Worker screening
Subdivision A—Aged care worker screening database
379 Aged care worker screening database
Subdivision B—NDIS screening decisions
380 NDIS clearance decision taken to be aged care clearance decision
381 NDIS exclusion decision taken to be aged care exclusion decision
Part 4—Aged Care Quality and Safety Advisory Council
Division 1—Establishment and functions of the Advisory Council
382 Establishment of the Aged Care Quality and Safety Advisory Council
383 Functions of the Advisory Council
384 Minister may give directions about the Advisory Council’s functions
Division 2—Membership of Advisory Council
385 Membership of the Advisory Council
386 Appointment of Advisory Council members
387 Acting appointments
388 Remuneration and allowances
389 Leave of absence
390 Disclosure of interests to the Minister
391 Disclosure of interests to the Advisory Council
392 Resignation
393 Termination of appointment
394 Other terms and conditions
Division 3—Procedures of the Advisory Council
395 Procedures of the Advisory Council
Chapter 6—Regulatory mechanisms
396 Simplified outline of this Chapter
Part 2—Monitoring under Part 2 of the Regulatory Powers Act
Division 1—Triggering Part 2 of the Regulatory Powers Act
397 Provisions, information subject to monitoring
398 Related provisions, issuing officer and relevant court
399 Authorised applicant, authorised person and relevant chief executive—Commissioner or Complaints Commissioner functions
400 Authorised applicant, authorised person and relevant chief executive—System Governor functions
401 Persons assisting authorised persons
Division 2—Modifications of Part 2 of the Regulatory Powers Act
402 Application of this Division
403 Use of force in executing monitoring warrants
404 Extension of Part 2 of the Regulatory Powers Act to external Territories
406 Entry with consent—action before obtaining consent
407 Times for securing electronic equipment etc.
408 Entry with consent—asking for answers to questions or production of documents
409 Exception to requirement to return identity card if authorised person continues to exercise other powers
410 Delegation by relevant chief executive—Commission or Complaints Commissioner functions
411 Delegation by relevant chief executive—System Governor functions
Part 3—Investigating under Part 3 of the Regulatory Powers Act
Division 1—Triggering Part 3 of the Regulatory Powers Act
412 Provisions subject to investigation
413 Related provisions, issuing officer and relevant court
414 Authorised applicant, authorised person and relevant chief executive—Commissioner or Complaints Commissioner functions
415 Authorised applicant, authorised person and relevant chief executive—System Governor functions
416 Persons assisting authorised persons
Division 2—Modifications of Part 3 of the Regulatory Powers Act
417 Application of this Division
418 Use of force in executing investigation warrants
419 Extension of Part 3 of the Regulatory Powers Act to external Territories
420 Additional investigation powers
421 Entry with consent—action before obtaining consent
422 Times for securing electronic equipment etc.
423 Entry with consent—asking for answers to questions or production of documents
424 Exception to requirement to return identity card if authorised person continues to exercise other powers
425 Delegation by relevant chief executive—Commissioner or Complaints Commissioner functions
426 Delegation by relevant chief executive—System Governor functions
Part 4—Access to premises where risk to safety etc. of individual
Division 1—Entry without warrant or consent
427 Entry without warrant or consent
428 Use of force in entering premises
429 Persons assisting
430 Responsibility to provide facilities and assistance etc.
Division 2—Post‑entry warrants
431 Post‑entry warrants
432 Assessment officers
433 Consent of Judges
434 Nominated ART members
Part 5—Additional investigation powers and compensation
435 Purpose of this Part
436 Use of equipment to examine or process things
437 Use of electronic equipment at other place
438 Person with knowledge of a computer or a computer system to assist access etc.
439 Compensation for damage to electronic equipment
Part 6—Civil penalties under Part 4 of the Regulatory Powers Act
Division 1—Triggering Part 4 of the Regulatory Powers Act
440 Enforceable civil penalty provisions
441 Authorised applicant—Commissioner and Complaints Commissioner functions
442 Authorised applicant—System Governor functions
443 Relevant court
Division 2—Modifications of Part 4 of the Regulatory Powers Act
444 Crown not liable to pecuniary penalty
445 Extension of Part 4 of the Regulatory Powers Act to external Territories
445A Amount of penalty for serious failures to comply with registered provider duty
Division 3—Delegations by authorised applicants
446 Delegation by authorised applicant—Commissioner functions
447 Delegation by authorised applicant—System Governor functions
Part 7—Infringement notices under Part 5 of the Regulatory Powers Act
Division 1—Triggering Part 5 of the Regulatory Powers Act
448 Provisions subject to an infringement notice
449 Infringement officer and relevant chief executive—Commissioner functions
450 Infringement officer and relevant chief executive—System Governor functions
Division 2—Modifications of Part 5 of the Regulatory Powers Act
451 Crown not liable to be given infringement notice
452 Extension to external Territories
453 Single infringement notice may deal with more than one contravention
Division 3—Delegations by infringement officers and relevant chief executives
454 Delegation by infringement officer—Commissioner functions
455 Delegation by relevant chief executive—Commissioner functions
456 Delegation by infringement officer—System Governor functions
457 Delegation by relevant chief executive—System Governor functions
Part 8—Enforceable undertakings under Part 6 of the Regulatory Powers Act
Division 1—Triggering Part 6 of the Regulatory Powers Act
458 Enforceable provisions
459 Authorised person—Commissioner functions
460 Authorised person—System Governor functions
461 Relevant court
Division 2—Modifications of Part 6 of the Regulatory Powers Act
462 Extension to external Territories
463 Other undertakings
464 Delegation by authorised person—Commissioner functions
465 Delegation by authorised person—System Governor functions
Part 9—Injunctions under Part 7 of the Regulatory Powers Act
Division 1—Triggering Part 7 of the Regulatory Powers Act
466 Enforceable provisions
467 Authorised person—Commissioner functions
468 Authorised person—System Governor functions
469 Relevant court
Division 2—Modifications of Part 7 of the Regulatory Powers Act
470 Consent injunctions
471 Extension to external Territories
472 Delegation by authorised person—Commissioner functions
473 Delegation by authorised person—System Governor functions
Part 10—Notices requiring action
Division 1—Required action notices
Subdivision A—Giving required action notices
474 Commissioner or Complaints Commissioner may give required action notices relating to certain matters
475 System Governor may give required action notices relating to System Governor’s functions
476 Contents of required action notices
Subdivision B—Varying or revoking required action notices
477 Commissioner may vary or revoke required action notices
478 Complaints Commissioner may vary or revoke required action notices
479 System Governor may vary or revoke required action notices
Subdivision C—Penalty for contravening required action notices
480 Penalty for contravening required action notices
Division 2—Compliance notices
Subdivision A—Giving compliance notices
481 Commissioner may give compliance notices relating to Commissioner’s functions
482 System Governor may give compliance notices relating to System Governor’s functions
483 Contents of compliance notices—general
484 Contents of compliance notices—additional content for notices given by Commissioner in relation to significant failures or systematic patterns of conduct
Subdivision B—Varying or revoking compliance notices
485 Commissioner may vary or revoke compliance notices
486 System Governor may vary or revoke compliance notices
Subdivision C—Penalty for contravening compliance notices
487 Penalty for contravening compliance notices
Division 3—Notices to attend to answer questions or give information or documents
Subdivision A—Notices to attend
488 Notice to attend to answer questions etc. relevant to Commissioner’s or Complaints Commissioner’s functions
489 Notice to attend to answer questions etc. relevant to System Governor’s functions
490 Failing to comply with notice
491 Attending before authorised officer to answer questions—making oath or affirmation
Subdivision B—Notices to give information or produce documents
492 Notices to give information or produce documents required for Commissioner’s functions
493 Notices to give information or produce documents required for Complaints Commissioner’s functions
494 Notices to give information or produce documents required for System Governor’s functions
495 Failing to comply with notice
Subdivision C—Privilege against self‑incrimination
496 Privilege against self‑incrimination not abrogated
Part 11—Banning orders
Division 1—Making banning orders
497 Banning orders on current and former registered providers
498 Banning orders on individuals as aged care workers and responsible persons
499 Notice of intention to make a banning order
500 Penalty for contravening banning orders
501 Scope of banning orders
502 Notice of decision about banning order
503 Banning orders are not legislative instruments
Division 2—Varying or revoking banning orders
504 Varying or revoking banning order on Commissioner’s own initiative
505 Varying or revoking banning order on application
506 Variations and revocations of banning orders are not legislative instruments
Division 3—Register of banning orders
507 Register of banning orders
Part 12—System Governor functions assurance activities
508 System Governor may conduct assurance activities
509 Terms of reference for assurance activities
510 Reports by System Governor on assurance activities
511 Assistance to System Governor in conducting and reporting on assurance activities
512 Registered providers must provide facilities and assistance for assurance activities
513 Requesting information and production of documents
Part 13—Recoverable amounts
Division 1—Recoverable amounts
514 Recoverable amounts and debtors
515 Recoverable amounts are debts due to the Commonwealth
Division 2—Recovery of recoverable amounts
516 Legal proceedings
517 Arrangements between System Governor and debtors
518 Recovery of amounts from financial institutions
519 Recovery by deductions from amounts payable to debtor
Division 3—Non‑recovery of recoverable amounts
520 Write‑off of recoverable amounts
521 Waiver of right to recover recoverable amount
522 Circumstances for waiver—small amounts
523 Circumstances for waiver—settlements between Commonwealth and debtors
524 Circumstances for waiver—special circumstances
524A Circumstances for waiver—determined classes
Part 14—Authorised Commission officers and authorised System Governor officers
Division 1—Appointment
525 Appointment of authorised Commission officers
526 Appointment of authorised System Governor officers
Division 2—Functions and powers
527 Functions and powers of authorised Commission officers
528 Functions and powers of authorised System Governor officers
Part 15—Miscellaneous
Division 1—Civil penalty provisions for false or misleading information or documents
529 Civil penalty provision for false or misleading information
530 Civil penalty provision for false or misleading documents
Division 2—General rules about offences and civil penalty provisions
531 Physical elements of offences
532 Contravening offence and civil penalty provisions
Division 3—Immunity of officers and persons assisting
533 Protection from liability for authorised officers and persons assisting
Chapter 7—Information management
534 Simplified outline of this Chapter
Part 2—Secrecy of information
Division 1—Unauthorised use or disclosure of protected information
535 Unauthorised use or disclosure of protected information
536 Protection from liability etc.
Division 2—Authorisation of use or disclosure of relevant information
Subdivision A—Authorisation of entities generally
537 Authorisations to use or disclose information—general
538 Authorisations to use or disclose information—entrusted persons
Subdivision B—Authorisation of System Governor and Appointed Commissioners
539 Authorisations of System Governor and Appointed Commissioners to use or disclose information
540 Authorisations of the System Governor and Appointed Commissioners to use or disclose information for certain inquiries, etc.
Subdivision C—Authorisation of System Governor for grants and quality related purposes
541 Authorisations of System Governor to use or disclose information for grants, etc.
Division 3—Limit on powers to require disclosure of protected information
542 Limit on requirements to produce documents or answer questions
Part 3—Record‑keeping
543 Retention of records by former registered provider
Part 4—Information sharing
Division 1—Publication by System Governor
544 System Governor must publish information about funded aged care services generally
545 Information that System Governor may publish about particular funded aged care services
Division 2—Publication by Commissioner
546 Information that Commissioner may publish
Part 5—Whistleblower protections
547 Disclosures qualifying for protection
548 Protections
549 Recipient to take steps to preserve anonymity
550 Confidentiality of identity of disclosers
551 Victimisation prohibited
552 Court orders
553 Registered providers’ obligations in relation to disclosers
554 Concurrent operation of State and Territory laws
Chapter 8—Miscellaneous
555 Simplified outline of this Chapter
Part 2—Reconsideration and review of decisions
Division 1—Reviewable decisions and affected entities
556 Decisions by the Commissioner or Complaints Commissioner
557 Decisions by the System Governor
558 Decisions by the Pricing Authority
Division 2—Reconsideration of reviewable decisions
559 Affected entity may request reconsideration of reviewable decision
560 Reconsideration of reviewable decision on request
561 Initiation of reconsideration by decision‑maker
562 Reconsideration of reviewable decision on initiative of decision‑maker
563 Requests for further information or documents for reconsideration on initiative of decision‑maker
564 Reconsideration decision etc.
565 Deemed reconsideration decision
Division 3—Review of reconsideration decisions
566 Review by the Administrative Review Tribunal
Part 3—Delegation provisions
Division 1—Delegation by System Governor
567 Delegation by System Governor—general
568 Delegation to Pricing Authority
569 Delegation to Chief Executive Centrelink
570 Delegation to Chief Executive Medicare
571 Delegation to Veterans’ Affairs Secretary
572 Delegation to Repatriation Commission
573 Delegation to Social Services Secretary
Division 2—Delegation by Commissioner
574 Delegation by Commissioner to staff or consultants
575 Delegation by Commissioner to Complaints Commissioner
Division 3—Delegation by Complaints Commissioner
576 Delegation by Complaints Commissioner
Division 4—General
577 Delegations in relation to specified kinds of matters
578 Subdelegation
579 Complying with directions
Part 4—Application of this Act to certain entities
580 Partnerships
581 Unincorporated associations
Part 5—Automation of administrative action
582 Automation of administrative action
583 Oversight and safeguards for automation of administrative action
Part 6—Applications, requests and notifications etc.
584 Approved forms for documents—System Governor functions
585 Approved forms—Commissioner functions
586 Approved forms—Complaints Commissioner functions
587 When oral communications taken to be in the approved form
588 Requests for further information or documents by System Governor, Commissioner or Complaints Commissioner for decisions on applications, claims and requests
589 When System Governor, Commissioner or Complaints Commissioner not required to make a decision or do a thing
590 Withdrawal of applications, claims and requests
591 False or misleading information or documents in applications, claims and requests
592 Method of notification by System Governor, Commissioner or Complaints Commissioner
Part 7—Application fees and fees for services provided by the System Governor, Commissioner and Complaints Commissioner
593 Fees for services provided by the System Governor
594 Fees for services provided by the Commissioner
595 Fees for services provided by the Complaints Commissioner
596 Fees must not amount to taxation
597 Fees—exemptions, waivers and refunds
Part 8—Appropriation
598 Appropriation
Part 9—Reports on and review of this Act
599 Annual report on the operation of the Act
600 Review of operation of refundable deposits under this Act
600A Review of accommodation pricing
601 Review of operation of this Act
Part 10—Rules
602 Rules
Endnotes
Endnote 5—Editorial changes
An Act about aged care, and for related purposes
Chapter 1—Introduction
Part 1—Preliminary
1 Short title
This Act is the Aged Care Act 2024.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Act binds the Crown
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be prosecuted for an offence.
4 Extension to external Territories
This Act extends to the external Territories other than the Territory of Ashmore and Cartier Islands.
5 Objects of this Act
The objects of this Act are to:
(a) in conjunction with other laws, give effect to Australia’s obligations under the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of Persons with Disabilities; and
(b) provide a forward‑looking aged care system that is designed to:
(i) uphold the rights of individuals under the Statement of Rights; and
(ii) assist individuals accessing funded aged care services to live active, self‑determined and meaningful lives; and
(iii) ensure equitable access to, and flexible delivery of, funded aged care services that put older people first and take into account the needs of individuals, regardless of their location, background and life experience; and
(iv) support individuals accessing funded aged care services to effectively participate in society on an equal basis with others, thereby promoting positive community attitudes to ageing; and
(v) facilitate access to integrated services in other sectors where required; and
(c) enable individuals accessing funded aged care services to exercise choice and control in the planning and delivery of those services; and
(d) ensure individuals accessing funded aged care services are free from mistreatment, neglect and harm from poor quality or unsafe care; and
(e) provide a robust and risk‑based regulatory framework for the delivery of funded aged care services, including accessible complaint mechanisms for individuals accessing those services, that will promote public confidence and trust in the Commonwealth aged care system; and
(f) provide and support education and advocacy arrangements that can assist individuals accessing funded aged care services to understand their rights, make decisions and provide feedback on the delivery of those services without reprisal; and
(g) provide for sustainable funding arrangements for the delivery of funded aged care services by a diverse, trained and appropriately skilled workforce; and
(h) promote innovation in the Commonwealth aged care system based on research and support continuous improvement in the Commonwealth aged care system.
6 Simplified outline of this Act
This Act provides for the delivery of funded aged care services to individuals under the Commonwealth aged care system. The services are included in the aged care service list and grouped into service types which are delivered through service groups.
The objects of the Act, the Statement of Rights and the Statement of Principles underpin the system and are aimed at ensuring quality and safe care for individuals.
Supporters may be registered to assist individuals with navigating the system and are required to act in accordance with principles that promote supported decision making.
Eligible individuals undergo an aged care needs assessment which identifies which funded aged care services are needed. Services are delivered in an approved residential care home, or a home or community setting, and are delivered by entities known as registered providers. For certain service groups, there are mechanisms for prioritisation and allocation of limited places.
The funding for services can be in the form of a subsidy or grant payable to the registered provider. The amount of funding available depends on various factors, including the classification type and classification level of individuals, the application of means testing and whether the service is being provided under a specialist aged care program, for example, for Aboriginal or Torres Strait Islander persons.
The system is governed by the Secretary (known as the System Governor), the Aged Care Quality and Safety Commissioner (the Commissioner), and the Complaints Commissioner.
A set of key obligations apply to registered providers and apply even where registered providers subcontract the delivery of services to associated providers. Separate obligations apply to aged care workers and responsible persons of registered providers.
Protections are provided for whistleblowers and statutory duties are imposed on registered providers, responsible persons and operators of aged care digital platforms that facilitate access to services. Criminal penalties and civil penalties apply for failures to meet requirements under this Act and compensation can be sought in cases of serious failures by registered providers.
The Commissioner and the System Governor have access to a suite of regulatory mechanisms to assist in the performance of their respective functions.
Arrangements for the protection of information and data obtained under this Act and the sharing of that information and data also apply.
Part 2—Definitions and key concepts
Division 1—Definitions
7 Definitions
In this Act:
ABN has the same meaning as in the A New Tax System (Australian Business Number) Act 1999.
access approval, for an individual, means an approval under subsection 65(2).
accommodation agreement means an agreement between an individual and a registered provider that meets the requirements set out in section 294.
accommodation bond has the meaning prescribed by the rules.
accommodation bond balance has the meaning prescribed by the rules.
accommodation charge has the meaning prescribed by the rules.
accommodation contribution means a contribution paid by an individual to a registered provider for accommodation in an approved residential care home through which the provider delivers ongoing funded aged care services to the individual through the service group residential care.
Note: If an individual is not required to pay an accommodation payment, the individual may be required to pay an accommodation contribution. The amount (if any) of accommodation contribution payable depends, amongst other things, on the individual’s daily means tested amount (see section 298).
accommodation payment means a payment paid by an individual to a registered provider for accommodation in an approved residential care home through which the provider delivers ongoing funded aged care services to the individual through the service group residential care.
Note: Whether or not an individual pays an accommodation payment depends, amongst other things, on the individual’s daily means tested amount (see section 296).
account period:
(a) for a notional assistive technology account—see subsection 211(1); and
(b) for a notional home modifications account—see subsection 220(1).
ADI means an authorised deposit‑taking institution within the meaning of the Banking Act 1959.
administrative action: see subsection 582(2).
Advisory Council means the Aged Care Quality and Safety Advisory Council established by section 382.
Advisory Council member means a member of the Advisory Council and includes the Chair and the Deputy Chair.
advocate includes an independent aged care advocate.
affected entity, for a reviewable decision: see sections 556, 557 and 558.
aged care clearance decision means a clearance decision within the meaning of paragraph 379(5)(c).
Aged Care Code of Conduct means the rules made for the purposes of section 14.
aged care digital platform: see section 187.
aged care exclusion decision means an exclusion decision within the meaning of paragraph 379(5)(e).
aged care needs assessment means an assessment undertaken under Division 2 of Part 2 of Chapter 2.
Aged Care Quality Standards means the rules made for the purposes of subsection 15(1).
aged care volunteer visitor means a person who:
(a) volunteers for or is otherwise engaged by a person or body that receives financial assistance under section 265 for the purpose mentioned in paragraph 265(2)(d); and
(b) implements that purpose by visiting individuals accessing funded aged care services to provide companionship, social support or friendship to those individuals who are socially isolated or are at risk of social isolation.
aged care worker: see subsections 11(4) and (5).
aged care worker screening check means an assessment, under an aged care worker screening law, of whether a person who works, or seeks to work, with individuals accessing funded aged care services poses a risk to such individuals.
aged care worker screening database means the database established under section 379.
aged care worker screening law means a law of a State or Territory prescribed by the rules.
agreed accommodation payment amount, in relation to an individual and an approved residential care home: see paragraph 294(2)(b).
Appointed Commissioner means:
(a) the Commissioner; or
(b) the Complaints Commissioner.
approval period, in relation to an approved residential care home, means the period for which the approval of the home is in force.
approved form:
(a) in relation to a function of the System Governor—see section 584; or
(b) in relation to a function of the Commissioner—see section 585; or
(c) in relation to a function of the Complaints Commissioner—see section 586.
approved needs assessor means a person who:
(a) is approved by an entity of a kind prescribed by the rules; and
(b) meets any criteria including training or qualification requirements prescribed by the rules.
approved provider means an approved provider within the meaning of the Commission Act as in force immediately before the commencement of this Act.
approved report form: see section 166A.
approved residential care home means a residential care home that is:
(a) approved in relation to a registered provider under paragraph 112(1)(a); or
(b) taken to be approved in relation to a registered provider under section 120.
assessment officer: see section 432.
asset determination, for an individual, means a determination made under subsection 329(1) in relation to the individual (including as varied).
asset free area: see subsection 319(3).
associated provider: see subsection 11(6).
Australian Business Register has the same meaning as in the A New Tax System (Australian Business Number) Act 1999.
authorised Commission officer means a person appointed as an authorised Commission officer under section 525.
authorised officer means an authorised Commission officer or an authorised System Governor officer.
authorised System Governor officer means a person appointed as an authorised System Governor officer under section 526.
available balance, at a time, for any of the following notional accounts, or for an unspent Commonwealth portion, means the sum of the credits that have been made to the account or portion at or before that time reduced (but not below zero) by the sum of the debits that have been made to the account or portion at or before that time:
(a) a notional ongoing home support account;
(b) a notional short‑term home support account;
(c) a notional service delivery branch account;
(d) a notional assistive technology account;
(e) a notional home modifications account;
(f) a notional home care account.
banning order means a banning order made under section 497 or 498.
base individual amount for the service group home support: see section 194.
base provider amount for a registered provider:
(a) for the service group home support—see section 204; and
(b) for the service group residential care—see subsection 238(1).
base rate for an individual for a classification type for the service group residential care for a day: see subsection 229(1).
basic age pension amount means the annual maximum basic rate under point 1064‑B1 of the Social Security Act 1991 that applies to a person who is not a member of a couple within the meaning of that section.
basic daily fee for an individual—see subsection 277(2).
business location means the address shown in the Australian Business Register as an entity’s address for service.
care and services plan: see paragraph 148(e).
care needs means one or both of the following that apply in relation to an individual:
(a) the individual has difficulty (whether physical, mental or social) undertaking any daily living activities;
(b) the individual requires help from another person, or the assistance of one or more aids, to maintain their physical, mental or social capacity to function independently.
carer means a person who:
(a) provides personal care, support and assistance to another individual who needs it because that other individual is an older individual; and
(b) does not provide the personal care, support and assistance to the individual:
(i) as an aged care worker of a registered provider; or
(ii) in the course of doing voluntary work for a charitable, welfare or community organisation, including as an aged care volunteer visitor; or
(iii) as part of the requirements of a course of education or training.
cessation notification: see paragraph 149(d).
Chair means the Chair of the Advisory Council.
Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997.
Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.
child, of an individual, includes:
(a) a stepchild or an adopted child of the individual; and
(b) someone who would be the stepchild of the individual except that the individual is not legally married to the individual’s partner; and
(c) someone who is a child of the individual within the meaning of the Family Law Act 1975; and
(d) someone included in a class of persons prescribed by the rules.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
classification assessment means an assessment of an individual undertaken in accordance with section 76 for the purposes of establishing a classification level for the individual under section 78.
classification decision means a decision under subsection 78(1) to establish a classification level for an individual for a classification type for a service group.
classification level: see subsection 81(1).
classification type: each of the following is a classification type:
(a) ongoing;
(b) short‑term;
(c) hospital transition.
close relation, of an individual, means:
(a) a parent of the individual; or
(b) a sibling, child or grandchild of the individual; or
(c) an individual included in a class of persons prescribed by the rules.
Commission means the Aged Care Quality and Safety Commission established by section 344.
Commission Act means the Aged Care Quality and Safety Commission Act 2018.
Commissioner means the Commissioner of the Commission.
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
compensation payment fee for an individual for a day:
(a) for a funded aged care service delivered through the service group home support, assistive technology or home modifications—see subsection 274(2); or
(b) for a funded aged care service delivered through the service group residential care—see subsection 277(3).
compensation payment reduction for person‑centred subsidy for an individual:
(a) for the service group home support—see section 199; and
(b) for the service group assistive technology—see section 216; and
(c) for the service group home modifications—see section 225; and
(d) for the service group residential care—see section 233.
compensation payment reduction for provider‑based subsidy for an individual:
(a) for the service group home support—see section 207; and
(b) for the service group residential care—see section 241.
Complaints Commissioner means the Complaints Commissioner of the Commission.
complaints functions means the functions of the Complaints Commissioner under section 357.
compliance notice: see sections 481 and 482.
conduct means an act, an omission to perform an act or a state of affairs.
conflict of interest, in relation to an individual accessing, or seeking to access, funded aged care services and a supporter of the individual, means any conflict between:
(a) the interests of the individual; and
(b) the interests of the supporter;
that would affect the supporter’s ability to carry out the supporter’s role.
constitutional corporation means a trading or financial corporation within the meaning of paragraph 51(xx) of the Constitution.
continuous improvement plan means a plan, in writing, which sets out:
(a) how a registered provider intends to improve the quality of funded aged care services delivered by the registered provider; and
(b) if the Commissioner imposed a condition on the registration of the registered provider under subsection 143(1) which relates to the quality of funded aged care services delivered by the registered provider—how the registered provider intends to comply with that condition.
Convention on the Rights of Persons with Disabilities means the Convention on the Rights of Persons with Disabilities done at New York on 13 December 2006.
Note: The Convention is in Australian Treaty Series 2008 No. 12 ([2008] ATS 12) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
cost, for the delivery of a funded aged care service, has the meaning prescribed by the rules.
Covenant on Economic, Social and Cultural Rights means the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966.
Note: The Covenant is in Australian Treaty Series 1976 No. 5 ([1976] ATS 5) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
cover, a funded aged care service:
(a) in relation to a registered provider’s registration—means the registered provider is registered in the registration category in which the service is included; or
(b) in relation to an individual’s access approval—means the access approval:
(i) includes the classification type and service group through which the service is being delivered to the individual; and
(ii) if the service is in a service type that must be approved under subparagraph 65(2)(b)(i), or is a service that must be approved under subparagraph 65(2)(b)(ii)—includes the service type or service.
daily accommodation contribution means accommodation contribution that:
(a) accrues daily; and
(b) is paid by periodic payment.
daily accommodation payment means accommodation payment that:
(a) accrues daily; and
(b) is paid by periodic payment.
daily means tested amount, for an individual: see section 319.
daily payment means:
(a) a daily accommodation contribution; or
(b) a daily accommodation payment.
debtor: see section 514.
decision‑maker, for a reviewable decision, means:
(a) for a decision by the Commissioner—the Commissioner; or
(b) for a decision by the System Governor—the System Governor; or
(c) for a decision by the Pricing Authority—the Pricing Authority; or
(d) for a decision by the Complaints Commissioner—the Complaints Commissioner.
deliver, a funded aged care service, has a meaning affected by section 11A.
dependent child, of an individual, has the meaning given by subsection 22(1).
Deputy Chair means the Deputy Chair of the Advisory Council.
direct care means any funded aged care services prescribed by the rules which are delivered to an individual by a direct care staff member.
direct care staff member means an aged care worker of a registered provider who is any of the following:
(a) a registered nurse;
(b) an enrolled nurse;
(c) a nursing assistant;
(d) a personal care worker;
(e) a person prescribed by the rules.
distinct part, in relation to an approved residential care home, means a specific area of the home that:
(a) is physically identifiable as separate from all the other parts of the home; and
(b) meets any other requirements prescribed by the rules.
efficient price, for the delivery of a funded aged care service, is the amount prescribed by the rules.
eligibility determination, for an aged care needs assessment for an individual, means a determination under subsection 57(1).
emergency leave: see subsection 244(3).
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
engagement and education functions means the functions of the Commissioner under section 350.
enrolled nurse means a person who is registered under the National Law in the nursing profession as an enrolled nurse.
entity means any of the following:
(a) an individual;
(b) a body corporate;
(c) a body politic;
(d) a partnership;
(e) any other unincorporated association that has a governing body.
entrusted person means any of the following:
(a) the Minister;
(b) the System Governor;
(c) an APS employee in the Department;
(d) an official of the Commission under paragraph 344(2)(c);
(e) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department or the Commission;
(f) any other person employed or engaged (however described) by a person described in paragraph (e) to provide services in connection with the services mentioned in that paragraph;
(g) an Advisory Council member;
(h) a delegate of the System Governor or an Appointed Commissioner;
(i) an official of the Pricing Authority;
(j) an official of Services Australia;
(k) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with Services Australia;
(l) any other person employed or engaged (however described) by a person described in paragraph (k) to provide services in connection with the services mentioned in that paragraph;
(m) any other person in a class of persons prescribed by the rules and employed or engaged by the Commonwealth or a body corporate established by a law of the Commonwealth.
entry contribution has the meaning prescribed by the rules.
entry contribution balance has the meaning prescribed by the rules.
entry day, for a classification type for a service group—means the day, or the day worked out in accordance with a method, prescribed by the rules.
extended hospital leave: see subsection 244(6).
final efficient price, for the delivery of a funded aged care service, means the amount prescribed by the rules.
Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.
Financial and Prudential Standards means the standards made under subsection 376(1).
financial institution means a corporation that is an ADI for the purposes of the Banking Act 1959.
funded aged care service: see subsection 9(1).
governing body of a registered provider means:
(a) if the registered provider is a body corporate incorporated, or taken to be incorporated, under the Corporations Act 2001, that has a board of directors—the board of directors; or
(b) otherwise—the person or the group of persons responsible for the executive decisions of the registered provider.
government entity means:
(a) a Commonwealth entity; or
(b) a State or Territory; or
(c) a body established for a public purpose by or under a law of a State or Territory (other than a local government authority).
Grantee Code of Conduct has the meaning given by subsection 268(3).
health service has the same meaning as in Article 25 of the Convention on the Rights of Persons with Disabilities.
high quality care: see section 20.
home care account, for an individual: see section 226E.
home or community setting: see subsections 10(6) and (7).
homeowner has the meaning prescribed by the rules.
hospital leave: see subsection 244(4).
hospital transition funded aged care service, a funded aged care service delivered by a registered provider to an individual is a hospital transition funded aged care service delivered through a service group if:
(a) the individual has an access approval in effect for the classification type hospital transition for the service group; and
(b) the provider has given the System Governor a start notification for delivering funded aged care services on that basis to the individual.
hospital transition leave: see subsection 244(5).
hotelling contribution: see section 278.
identity card, in relation to an authorised officer, means an identity card issued to the officer under section 35 or 76 of the Regulatory Powers Act.
ILO Convention (No. 122) concerning Employment Policy means the ILO Convention (No. 122) concerning Employment Policy done at Geneva on 9 July 1964.
Note: The Convention is in Australian Treaty Series 1970 No. 17 ([1970] ATS 17) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
ILO Convention (No. 142) concerning Vocational Guidance and Vocational Training in the Development of Human Resources means the ILO Convention (No. 142) concerning Vocational Guidance and Vocational Training in the Development of Human Resources done at Geneva on 23 June 1975.
Note: The Convention is in Australian Treaty Series 1986 No. 2 ([1986] ATS 2) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
income determination, for an individual, means a determination made under subsection 322(1) in relation to the individual (including as varied).
income support payment has the meaning given by subsection 23(1) of the Social Security Act 1991.
income support supplement means an income support supplement under Part IIIA of the Veterans’ Entitlements Act 1986.
independent aged care advocate means a person who:
(a) is independent of the System Governor, the Commission and any registered providers; and
(b) is employed or otherwise engaged by a person or body that receives financial assistance under section 265 for the purpose mentioned in paragraph 265(2)(e); and
(c) provides either or both of the following to individuals accessing, or seeking to access, funded aged care services:
(i) free, independent and confidential support, information and advocacy;
(ii) education about the rights of individuals under the Statement of Rights; and
(d) if providing the services mentioned in subparagraph (c)(i) in relation to a particular individual—acts at the direction of the individual, reflecting the individual’s expressed wishes, will, preferences, interests and rights.
individual contribution, for a registered provider for the delivery of a funded aged care service to an individual: see section 273.
individual contribution rate, for a funded aged care service delivered to an individual on a day, means the percentage specified in the individual contribution rate determination for the individual for the means testing category the service is in.
individual contribution rate determination, for an individual, means a determination made under section 314 in relation to the individual.
individual contribution reduction, for an individual:
(a) for person‑centred subsidy for the service group home support—see section 200; and
(b) for provider‑based subsidy for the service group home support—see section 208; and
(c) for person‑centred subsidy for the service group assistive technology—see section 217; and
(d) for person‑centred subsidy for the service group home modifications—see section 226.
in effect:
(a) for a place allocated under subsection 92(1): see section 92A; and
(b) for a place allocated under subsection 95(1): see section 97.
intended service types: see paragraph 104(3)(b).
internal decision reviewer, for a reviewable decision: see subsections 560(4) and 562(4).
leave, from an approved residential care home, has the meaning given by subsection 244(2).
lifetime cap means the amount prescribed by the rules.
local government authority means a body established for the purposes of local government by or under a law of a State or Territory.
maximum accommodation payment amount: see subsection 289(1).
maximum accommodation supplement amount: see subsection 235(3).
maximum daily amount of the resident contribution: see section 277.
maximum hotelling supplement amount: see subsection 235(4).
maximum non‑clinical care contribution: see subsection 279(3).
maximum period of effect for a classification level for a classification type for a service group: see subsection 80(4).
means not disclosed status:
(a) for an individual accessing funded aged care services in a home or community setting—see section 314A; and
(b) for an individual accessing funded aged care services in an approved residential care home—see section 320.
means testing category: see subsection 8(4).
member of a couple means:
(a) an individual who is legally married to another individual, and is not living separately and apart from the individual on a permanent basis; or
(b) an individual whose relationship with another individual (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section, and who is not living separately and apart from the other individual on a permanent basis; or
(c) an individual who lives with another individual (whether of the same sex or a different sex) in a de facto relationship, although not legally married to the other individual.
minimum permissible asset value: see subsection 305(2).
Multi‑Purpose Service Program means a specialist aged care program given effect through one or more agreements entered into by the Commonwealth under paragraph 247(1)(a) for the purpose of the delivery of funded aged care services at a place co‑located with a hospital or other health service as a part of an integrated service arrangement.
National Disability Insurance Scheme has the meaning given by the NDIS Act.
National Law has the same meaning as in the Health Insurance Act 1973.
NDIS Act means the National Disability Insurance Scheme Act 2013.
NDIS banning order means a banning order made under section 73ZN of the NDIS Act.
NDIS clearance decision means a clearance decision within the meaning of paragraph 379(7)(c).
NDIS exclusion decision means an exclusion decision within the meaning of paragraph 379(7)(e).
NDIS worker screening law has the same meaning as in the NDIS Act.
nominated ART member: see paragraph 432(1)(b).
non‑clinical care contribution: see section 279.
notional assistive technology account means a notional account established for an individual under subsection 211(1).
notional home care account means a notional account established for an individual under subsection 226E(1).
notional home modifications account means a notional account established for an individual under subsection 220(1).
notional ongoing home support account means a notional account established for an individual under subsection 193(1).
notional service delivery branch account means a notional account established for a service delivery branch of a registered provider under subsection 203(1).
notional short‑term home support account means a notional account established for an individual under subsection 195(1).
nursing means the provision of services by or under the supervision of a registered nurse acting within the registered nurse’s scope of practice.
nursing assistant means a person:
(a) who is not a registered nurse or enrolled nurse; and
(b) who works under the direct control and supervision of a registered nurse; and
(c) whose work is solely to assist a registered nurse or enrolled nurse in the delivery of nursing.
official, of a Commonwealth entity, has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
official of the Pricing Authority has the same meaning as in the National Health Reform Act 2011.
old Act means the Aged Care Act 1997.
ongoing funded aged care service, a funded aged care service delivered by a registered provider to an individual is an ongoing funded aged care service delivered through a service group if:
(a) the individual has an access approval in effect for the classification type ongoing for the service group; and
(b) the provider has given the System Governor a start notification for delivering funded aged care services on that basis to the individual.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
parent: without limiting who is a parent of an individual, a person is the parent of an individual if the individual is the person’s child because of the definition of child in this section.
partner, in relation to an individual, means the other member of a couple of which the individual is also a member.
payment period, for the service group residential care: see section 255.
person‑centred subsidy:
(a) for the service group home support—see sections 191 and 192; and
(b) for the service group assistive technology—see sections 209 and 210; and
(c) for the service group home modifications—see sections 218 and 219; and
(d) for the service group residential care—see sections 227 and 228.
personal information has the same meaning as in the Privacy Act 1988.
person‑centred subsidy reduction: see section 235.
police officer means any of the following:
(a) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979);
(b) a special member of the Australian Federal Police (within the meaning of that Act);
(c) a member of the police force or police service of a State or Territory.
post‑entry warrant: see paragraph 431(1)(a).
price charged, for the delivery of a funded aged care service, has the meaning prescribed by the rules.
Pricing Authority means the Independent Health and Aged Care Pricing Authority.
primary person‑centred supplements:
(a) for the service group home support—see section 196; and
(b) for the service group residential care—see section 230.
protected entity: see subsection 163(3).
protected information: see section 21.
provider‑based subsidy:
(a) for the service group home support—see sections 201 and 202; and
(b) for the service group residential care—see sections 236 and 237.
provider‑based subsidy reduction: see section 242.
provider‑based supplements:
(a) for a service delivery branch of a registered provider—see section 205; and
(b) for an approved residential care home of a registered provider—see section 239.
provider registration category: see subsection 11(3).
provisional subsidy amount, for a registered provider in relation to an individual:
(a) for person‑centred subsidy for an ongoing or short‑term funded aged care service delivered to the individual through the service group home support—see section 192; and
(b) for provider‑based subsidy for an ongoing funded aged care service delivered to the individual through the service group home support—see section 202; and
(c) for person‑centred subsidy for an ongoing or short‑term funded aged care service delivered to the individual through the service group assistive technology—see section 210; and
(d) for person‑centred subsidy for a registered provider for a short‑term funded aged care service delivered to an individual through the service group home modifications—see section 219.
published accommodation payment amount, for an approved residential care home or a distinct part of an approved residential care home: see subsection 291(5).
quarter means a period of 3 months beginning on 1 July, 1 October, 1 January or 1 April.
reasonably practicable in relation to a duty under Part 5 of Chapter 3: see subsection 179(2).
reconsideration decision: see subsections 564(2) and 565(2).
recoverable amount: see section 514.
refundable accommodation contribution means accommodation contribution that:
(a) does not accrue daily; and
(b) is paid as a lump sum.
refundable accommodation deposit means accommodation payment that:
(a) does not accrue daily; and
(b) is paid as a lump sum.
refundable deposit means:
(a) a refundable accommodation contribution; or
(b) a refundable accommodation deposit.
refundable deposit balance, in relation to a refundable deposit, at a particular time, means the amount worked out by:
(a) taking the sum of:
(i) the refundable deposit; and
(ii) any amounts that, as at that time, have been paid as top up amounts (as mentioned in paragraphs 294(2)(g) and (h) and 294(3)(f) and (i)); and
(b) subtracting any amounts that, as at that time, have been deducted from the refundable deposit balance under this Act.
registered NDIS provider has the meaning given by the NDIS Act.
registered nurse has the same meaning as in the Health Insurance Act 1973.
registered provider: see subsection 11(2).
registration of providers functions means the functions of the Commissioner under section 351.
registration period, in relation to a registered provider, means the period for which the registration of the provider is in force.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
relevant information means information obtained or generated by a person in the course of or for the purposes of:
(a) performing functions or duties, or exercising powers, under this Act; or
(b) assisting another person to perform functions or duties, or exercise powers, under this Act.
relevant period, in relation to a claim for person‑centred subsidy or provider‑based subsidy for the service group home support, assistive technology or home modifications—see subsection 251(2).
reportable incident: see section 16.
required action notice: see sections 474 and 475.
residential care home: see subsections 10(2) to (4).
responsible person: see section 12.
restrictive practice: see section 17.
retention amount: see section 308.
Note: A retention amount is an amount that a registered provider must deduct from a refundable deposit balance.
retention period, for an individual: see subsection 308(1).
reviewable decision: see sections 556, 557 and 558.
RSA (short for retirement savings account) has the same meaning as in the Retirement Savings Accounts Act 1997.
rules means the rules made under section 602.
safeguarding functions means the functions of the Commissioner under section 349.
secondary person‑centred supplements:
(a) for a classification type for the service group home support—see section 197; and
(b) for a classification type for the service group assistive technology—see section 214; and
(c) for a classification type for the service group home modifications—see section 223; and
(d) for a classification type for the service group residential care—see section 231.
serious failure:
(a) in relation to conduct of a registered provider—see subsection 179(4); and
(b) in relation to conduct of a responsible person—see subsection 180(5).
serious injury or illness of an individual means an injury or illness requiring the individual to have:
(a) immediate treatment for:
(i) the amputation of any part of the individual’s body; or
(ii) a serious head injury; or
(iii) a serious eye injury; or
(iv) a serious burn; or
(v) the separation of the individual’s skin from an underlying tissue (such as degloving or scalping); or
(vi) a spinal injury; or
(vii) the loss of a bodily function; or
(viii) serious lacerations; or
(ix) a serious wound or pressure injury; or
(b) medical treatment within 48 hours of exposure to a substance;
and includes any other injury or illness prescribed by the rules but does not include an illness or injury of a kind prescribed by the rules.
service includes the supply of goods.
service agreement means an agreement that meets any requirements prescribed by rules made for the purposes of paragraph 148(c).
service delivery branch has the meaning prescribed by the rules.
service group: see subsection 8(3).
service pension has the meaning given by subsection 5Q(1) of the Veterans’ Entitlements Act 1986.
service type: see subsection 8(2).
SES office or position means an office or position that is held or occupied, or the duties of which are performed, by an SES employee or acting SES employee.
setting means a residential care home or a home or community setting.
short‑term funded aged care service, a funded aged care service delivered by a registered provider to an individual is a short‑term funded aged care service delivered through a service group if:
(a) the individual has an access approval in effect for the classification type short‑term for the service group; and
(b) the provider has given the System Governor a start notification for delivering funded aged care services on that basis to the individual.
sickness means an infirmity, illness, disease, incapacity or impairment.
significant failure, in relation to the conduct of a registered provider or responsible person of a registered provider: see subsection 19(1).
social leave: see subsection 244(7).
specialist aged care program, means a Government program for delivering funded aged care services that:
(a) is given effect through one or more agreements or arrangements entered into by the Commonwealth under subsection 247(1) or section 264 for the program; and
(b) meets any other requirements prescribed by the rules.
standard base provider amount: see subsection 242(2).
start day, for an individual:
(a) for a classification type for the service group home support, assistive technology or home modifications—means the day a registered provider starts delivering funded aged care services to the individual for the classification type for the service group through a service delivery branch of the registered provider; and
(b) for a classification type for the service group residential care—means the day a registered provider starts delivering funded aged care services to the individual for the classification type for the service group at an approved residential care home of the registered provider.
start notification: see paragraph 149(b).
Statement of Principles means the principles in section 25.
Statement of Rights means the rights in section 23.
statutory funding condition has the meaning given by section 267.
subsidy means any of the following:
(a) person‑centred subsidy;
(b) provider‑based subsidy;
(ba) subsidy referred to in section 242A;
(c) subsidy referred to in section 248.
subsidy basis, for the delivery of a funded aged care service, means any of the following:
(a) efficient price;
(b) unit price;
(c) cost.
suitability matter in relation to an individual: see section 13.
supporter, of an individual, means a person registered as a supporter of the individual under section 37.
systematic pattern of conduct, in relation to the conduct of a registered provider or responsible person of a registered provider: see subsection 19(2).
System Governor means the Secretary of the Department.
this Act includes:
tier amount for an individual for an account period:
(a) for the service group assistive technology—see section 212; and
(b) for the service group home modifications—see section 221.
total assessable income free area: see subsection 319(2).
Transition Care Program means a specialist aged care program given effect through one or more agreements entered into by the Commonwealth under paragraph 247(1)(b) for the purpose of the delivery of funded aged care services to individuals with access approvals in effect for the classification type hospital transition for a service group.
transition time means the time this Act commences.
unit price, for the delivery of a funded aged care service, is the amount prescribed by the rules.
unspent care recipient portion, for an individual: see section 273A.
unspent Commonwealth portion, for an individual: see section 226A.
use, in relation to information, includes make a record of.
veteran payment has the meaning given by subsection 5Q(1) of the Veterans’ Entitlements Act 1986.
visitor includes an aged care volunteer visitor.
Division 2—Key concepts
8 Aged care service list
(1) The rules must prescribe a list of services for which funding may be payable under this Act. The rules must:
(a) list each service; and
(b) describe each service; and
(c) specify the service type that the service is in; and
(d) specify the service group that the service type is in; and
(e) specify, for the service groups home support, assistive technology and home modifications, that all service types in those service groups must be delivered in a home or community setting; and
(f) specify, for the service group residential care, that all service types in the service group must be delivered in a residential care home; and
(g) specify, for each service that is in a service type (other than a service type referred to in paragraph (i)) that is specified as a service type that is in the service group home support, assistive technology or home modifications:
(i) the means testing category for the service; and
(ii) the subsidy basis for the service; and
(iii) if the subsidy basis for the service is efficient price or unit price—the base efficient price or base unit price for the service; and
(iv) the loading type (if any) that applies to the service; and
(h) specify any specialist aged care program under which a service type can be delivered; and
(i) specify any service type that can only be delivered under a specialist aged care program; and
(j) specify each provider registration category under which a service type can be delivered.
(2) For the purposes of paragraph (1)(c), a service type means a service type prescribed by the rules.
(3) For the purposes of paragraph (1)(d), a service group means any of the following:
(a) home support;
(b) residential care;
(c) assistive technology;
(d) home modifications.
(4) For the purposes of subparagraph (1)(g)(i), each of the following is a means testing category for a service type delivered in a home or community setting:
(a) clinical supports;
(b) independence;
(c) everyday living.
Matters that must be considered before prescribing services
(5) The Minister must ensure that for the service group residential care nursing is a listed service that is in at least one service type that is in that group.
(6) The Minister must ensure that funded aged care services in a service type that is specified as a service type that is delivered in a residential care home for the purposes of paragraph (1)(f) are services of the following kind:
(a) services for the care of persons who are experiencing sickness;
(b) services incidental or conducive to the care of persons who are experiencing sickness.
9 Funded aged care services and who they are delivered to
(1) A funded aged care service means a service included on the list referred to in subsection 8(1) delivered to an individual who can access the service through a service group as referred to in subsection (2) of this section and for which funding is paid under this Act.
(2) An individual can access a funded aged care service through a service group if:
(a) the individual makes an application for access to funded aged care services under section 56; and
(b) the System Governor makes an eligibility determination for the individual and that determination is in effect; and
(c) the individual undergoes an aged care needs assessment; and
(d) an access approval that covers the service is in effect for the individual; and
(e) if the individual is accessing the service other than under a specialist aged care program:
(i) a classification decision establishing a classification level in a classification type for the service group is in effect for the individual; and
(ii) if a priority category decision is required under section 86 for the classification type for the service group—such a decision under section 86 has been made for the individual for the classification type for the service group; and
(iii) if the classification type or classification level is one for which the System Governor may allocate the individual a place under section 92—a place has been allocated to the individual under that section for that classification type or classification level and is in effect; and
(f) if the individual is accessing the service under a specialist aged care program:
(i) a classification decision establishing a classification level in a classification type for the service group has been made for the individual; and
(ii) if the System Governor may allocate the registered provider a place under section 95—a place has been allocated to the registered provider under that section and is in effect.
Note: Depending on what the funded aged care service is and the kind of registered provider that delivers the service, the Commonwealth funding of the service may be through a subsidy or grant under this Act.
10 Where funded aged care services are delivered
(1) A funded aged care service can be delivered in:
(a) an approved residential care home; or
(b) a home or community setting.
Residential care home
(2) A residential care home means a place that:
(a) is the place of residence of individuals who, by reason of sickness, have a continuing need for aged care services, including nursing services; and
(b) is fitted, furnished and staffed for the purpose of providing those services.
(3) To avoid doubt, a residential care home includes any of the following places:
(a) a place within, or co‑located with, a hospital or other health service that is covered by an agreement with the Commonwealth to deliver aged care services alongside health services as a part of an integrated service arrangement;
(b) a place within a retirement village that is a place described by subsection (2);
(c) a place which is a complex of buildings;
(d) any other place prescribed by the rules.
(4) To avoid doubt, a residential care home does not include any of the following places:
(a) a private home;
(b) a retirement village (other than a place referred to in paragraph (3)(b));
(c) a facility for which a declaration under subsection 121‑5(6) of the Private Health Insurance Act 2007 is in force (other than a place referred to in paragraph (3)(a));
(d) a hospice or facility that primarily provides palliative care;
(e) any other place prescribed by the rules.
(5) For the purposes of subsection (2), the rules may prescribe:
(a) circumstances where a place is taken to be 2 or more separate places; and
(b) circumstances where 2 or more separate places are taken to be a single place.
Home or community setting
(6) A home or community setting means a place in a home, or in the community, where funded aged care services are delivered.
(7) Despite subsection (6), a home or community setting does not include any of the following places:
(a) a group home funded under the National Disability Insurance Scheme;
(b) a hospital;
(c) a psychiatric facility;
(d) a prison or detention centre;
(e) a hospice or facility that primarily provides palliative care;
(f) any other place prescribed by the rules.
11 Who delivers funded aged care services
(1) Funded aged care services are delivered by registered providers (and associated providers of registered providers) and the aged care workers of registered providers.
Registered providers
(2) A registered provider means an entity that is registered as a registered provider (whether under paragraph 105(1)(a), because of a renewal under paragraph 108(1)(a), or because of a determination made by the System Governor under subsection 117(1)), if:
(a) the registration period has not ended; and
(b) the registration has not been revoked under a provision of Part 3 of Chapter 3.
Note: A registered provider’s registration is not in effect while suspended: see section 130. This means most provisions of this Act still apply to the registered provider unless a provision expressly requires that the registered provider’s registration is in effect for the provision to apply.
(3) A registered provider is registered in one or more provider registration categories which are:
(a) the residential care category; and
(b) any other category prescribed by the rules.
Aged care workers
(4) An aged care worker of a registered provider means:
(a) an individual employed or otherwise engaged (including as a volunteer) by the registered provider to deliver funded aged care services; or
(b) an individual who:
(i) is employed or otherwise engaged (including as a volunteer) by an associated provider of the registered provider; and
(ii) is engaging in conduct under the associated provider’s arrangement with the registered provider relating to the registered provider’s delivery of funded aged care services; or
(c) an individual who is a registered provider.
Note: An individual engaged by a registered provider includes an independent contractor.
(5) An aged care worker of a registered provider does not include a responsible person of the provider unless the responsible person is an individual who is employed or otherwise engaged (including as a volunteer) by the registered provider, or by an associated provider of the registered provider, to deliver funded aged care services.
Associated providers
(6) If an entity (an associated provider) engages in conduct under an arrangement with a registered provider relating to the registered provider’s delivery of funded aged care services, this Act applies in relation to the registered provider as if the registered provider had engaged in the conduct.
Note: This means that a registered provider may contravene subsection 142(3) or (4) or another provision of this Act because of conduct engaged in by an associated provider.
11A Delivery of funded aged care services
Delivery not affected by involvement of associated providers
(1) To avoid doubt, a registered provider delivers a funded aged care service for the purposes of this Act even if some or all of the work involved in delivering the service to an individual is done by one or more associated providers of the registered provider.
Circumstances when non‑delivery of funded aged care services is taken to be delivery of funded aged care services
(2) A service is taken to have been delivered by a registered provider to an individual for the purposes of this Act if:
(a) the service is included on the list referred to in subsection 8(1); and
(b) the service was scheduled to be delivered by the registered provider to the individual on a day; and
(c) had the service been delivered as scheduled, the individual could have accessed the service through a service group as referred to in subsection 9(2); and
(d) subsection (3) applies to the service.
(3) This subsection applies to the service if:
(a) both:
(i) the service was scheduled to be delivered by the registered provider to the individual on the day at an agreed time and place; and
(ii) the only reason that the service was not delivered was because the individual cancelled the delivery of the service within the period, before that day, that is prescribed by the rules; or
(4) If subsection (2) applies in relation to a service:
(a) a reference in this Act to the number of hours or units of the service delivered to the individual on a day is taken to be a reference to the number of hours or units that were scheduled to be delivered to the individual on the day; and
(b) a reference in this Act to the service delivery branch through which the service was delivered is taken to be a reference to the service delivery branch through which the service was scheduled to be delivered.
(5) Subsection (2) does not apply:
(a) in circumstances prescribed by the rules; or
(b) for the purposes of a provision of this Act prescribed by the rules.
Certain reimbursements taken to be delivery of funded aged care services
(6) If:
(a) an individual incurs costs in acquiring a service that is included on the list referred to in subsection 8(1); and
(b) the registered provider reimburses, in accordance with any requirements prescribed by the rules, the individual for the whole or a part of the costs; and
(c) had the service been delivered to the individual by the registered provider, the individual could have accessed the service through a service group as referred to in subsection 9(2); and
(d) any other circumstances prescribed by the rules in relation to the individual, the acquisition or the service apply;
the reimbursement is taken, for the purposes of this Act, to be the delivery of the service by the registered provider to the individual.
(7) Subsection (6) does not apply:
(a) in circumstances prescribed by the rules; or
(b) for the purposes of a provision of this Act prescribed by the rules.
12 Meaning of responsible person
(1) Each of the following is a responsible person of a registered provider:
(a) if the registered provider is not a government entity—any person who is responsible for the executive decisions of the registered provider;
(b) if the registered provider is not a government entity—any other person who has authority or responsibility for (or significant influence over) planning, directing or controlling the activities of the registered provider;
(c) for any registered provider (including a government entity)—if the registered provider delivers, or proposes to deliver, a funded aged care service:
(i) any person who has responsibility for overall management of the nursing services delivered by the registered provider, or overall management of the nursing services delivered at an approved residential care home of the registered provider, and who is a registered nurse; and
(ii) any person who is responsible for the day‑to‑day operations of an approved residential care home or service delivery branch of the registered provider.
(2) Without limiting paragraph (1)(a), a person who is responsible for the executive decisions of a registered provider includes a member of the governing body of the provider.
13 Meaning of suitability matters in relation to an individual
(1) Each of the following matters is a suitability matter in relation to an individual:
(a) the individual’s experience in providing, at any time, funded aged care services or other similar services;
(b) whether a banning order against the individual is, or has at any time been, in force;
(c) whether an NDIS banning order against the individual is, or has at any time been, in force;
(d) whether the individual has at any time been convicted of an indictable offence;
(e) whether a civil penalty order against the individual has been made at any time;
(f) whether the individual is, or has at any time been, an insolvent under administration;
(g) whether the individual is, or has at any time been, the subject of adverse findings or enforcement action by any of the following:
(i) a Department of the Commonwealth or of a State or Territory;
(ii) the Australian Securities and Investments Commission;
(iii) the Australian Charities and Not‑for‑profits Commission;
(iv) the Australian Competition and Consumer Commission;
(v) the Australian Prudential Regulation Authority;
(vi) the Australian Crime Commission;
(vii) AUSTRAC (within the meaning of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006);
(viii) the Australian Health Practitioner Regulation Agency;
(ix) another body established for a public purpose by or under a law of the Commonwealth;
(x) a State or Territory authority (including, but not limited to, a body that is equivalent to a body mentioned in subparagraphs (ii) to (viii));
(xi) a local government authority;
(xii) a body responsible for maintaining standards of conduct in a profession that is involved in the delivery of funded aged care services;
(h) whether the individual:
(i) is, or has at any time been, the subject of any findings or judgment in relation to fraud, misrepresentation or dishonesty in any administrative, civil or criminal proceedings; or
(ii) is currently party to any proceedings that may result in the individual being the subject of such findings or judgment;
(i) whether the individual is, or has at any time been, disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001;
(j) if circumstances prescribed by the rules apply in relation to the individual—the individual is a person in respect of whom the worker screening requirements prescribed for the purposes of section 152 are met;
(k) any other matter prescribed by the rules.
(2) This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
14 Aged Care Code of Conduct
The rules may prescribe requirements relating to the conduct of the following:
(a) registered providers;
(b) aged care workers of registered providers;
(c) responsible persons of registered providers.
Note: These requirements are the Aged Care Code of Conduct: see section 7.
15 Aged Care Quality Standards
(1) The rules may prescribe standards relating to the quality of funded aged care services delivered by a registered provider.
Note 1: These standards are the Aged Care Quality Standards: see section 7.
Note 2: Only registered providers in certain registration categories are required to be audited against these standards before registration: see paragraph 109(2)(d). Certain registered providers are required to comply with the standards as a condition of registration: see sections 142 and 146.
(2) Without limiting subsection (1), the rules may prescribe standards about the following matters:
(a) how registered providers must treat, and engage with, individuals seeking to access, or accessing, funded aged care services;
(b) how registered providers must deliver funded aged care services, including governance arrangements and arrangements for planning and delivery of palliative care;
(c) the physical environments in which funded aged care services are required to be delivered;
(d) how registered providers must deliver quality and safe clinical care to individuals, including infection prevention and control procedures and arrangements;
(e) how registered providers must deliver food and drink to meet the nutritional needs and preferences of individuals;
(f) how registered providers must support individuals accessing funded aged care services in approved residential care homes;
(g) how registered providers must manage and respond to feedback and complaints;
(h) how registered providers must monitor and drive improvements to their delivery of funded aged care services.
(3) Without limiting subsection (1), the rules may provide that a provision of the Aged Care Quality Standards applies to the following:
(a) all registered providers;
(b) registered providers in specified provider registration categories;
(c) specified kinds of registered providers.
Periodic reviews of operation of Aged Care Quality Standards
(4) The System Governor must cause periodic reviews to be conducted of the operation of the Aged Care Quality Standards.
(5) The first review must be completed before the end of the period of 5 years starting on the day this Act commences.
(6) Each later review must be completed before the end of each subsequent 5 year period.
(7) The System Governor must give the Minister a written report of each review as soon as practicable after the review is completed.
(8) The System Governor must cause a copy of the report of each review to be published on the Department’s website as soon as practicable after the Minister receives the report.
16 Meaning of reportable incident
(1) A reportable incident is any of the following incidents that have occurred, are alleged to have occurred, or are suspected of having occurred, in connection with the delivery of funded aged care services to an individual by a registered provider:
(a) unreasonable use of force against the individual;
(b) unlawful sexual contact, or inappropriate sexual conduct, inflicted on the individual;
(c) psychological or emotional abuse of the individual;
(d) unexpected death of the individual;
(e) stealing from, or financial coercion of, the individual by an aged care worker of the provider;
(f) neglect of the individual;
(g) use of a restrictive practice in relation to the individual (other than in accordance with any requirements prescribed by the rules);
(h) unexplained absence of the individual in the course of the delivery of funded aged care services to the individual.
(2) The rules may prescribe definitions or clarifications of an expression used in paragraph (1)(a), (b), (c), (d), (e), (f) or (h).
(3) Despite subsection (1), the rules may prescribe:
(a) that a specified act, omission or event involving an individual to whom a registered provider is delivering funded aged care services is a reportable incident; or
(b) that a specified act, omission or event involving an individual to whom a registered provider is delivering funded aged care services is not a reportable incident.
17 Restrictive practice in relation to an individual
(1) A restrictive practice in relation to an individual is any practice or intervention that has the effect of restricting the rights or freedom of movement of that individual.
(2) Without limiting subsection (1), the rules may provide that a practice or intervention is a restrictive practice in relation to an individual.
18 Restrictive practice requirements
(1) The rules made for the purposes of section 162 relating to the use of restrictive practices in relation to an individual to whom a registered provider is delivering funded aged care services must:
(a) require that a restrictive practice in relation to the individual is used only:
(i) as a last resort to prevent harm to the individual or other persons; and
(ii) after consideration of the likely impact of the use of the practice on the individual; and
(b) require that, to the extent possible, alternative strategies are used before a restrictive practice in relation to the individual is used; and
(c) require that alternative strategies that have been considered or used in relation to the individual are documented; and
(d) require that a restrictive practice in relation to the individual is used only to the extent that it is necessary and in proportion to the risk of harm to the individual or other persons; and
(e) require that, if a restrictive practice in relation to the individual is used, it is used in the least restrictive form, and for the shortest time, necessary to prevent harm to the individual or other persons; and
(f) require that informed consent is given to the use of a restrictive practice in relation to the individual; and
(g) make provision for, or in relation to, the monitoring and review of the use of a restrictive practice in relation to the individual.
(2) The rules made for the purposes of section 162 may make provision for, or in relation to, the persons or bodies who may give informed consent to the use of a restrictive practice in relation to an individual to whom a registered provider is delivering funded aged care services if that individual lacks capacity to give that consent.
(3) The rules made for the purposes of section 162 may provide that a requirement prescribed by those rules does not apply if the use of a restrictive practice in relation to an individual to whom a registered provider is delivering funded aged care services is necessary in an emergency.
(4) Subsections (1), (2) and (3) do not limit the matters that may be prescribed by the rules made for the purposes of section 162.
19 Meaning of significant failure and systematic pattern of conduct
(1) A registered provider’s or responsible person of a registered provider’s conduct involves a significant failure if the conduct represents a significant departure from the conduct that could reasonably be expected from a registered provider or responsible person, having regard to the requirements registered providers and responsible persons are subject to under this Act.
(2) In determining whether a registered provider’s or responsible person of a registered provider’s conduct is part of a systematic pattern of conduct, regard must be had to the following:
(a) the number of times the provider’s or responsible person’s conduct has not complied with a provision of this Act (the relevant contraventions);
(b) the period over which the relevant contraventions occurred;
(c) the number of individuals affected by the relevant contraventions;
(d) the provider’s or responsible person’s response, or failure to respond, to any complaints about the relevant contraventions.
20 Meaning of high quality care
The delivery of a funded aged care service by a registered provider to an individual is high quality care if the service is delivered in a manner that:
(a) puts the individual first; and
(b) upholds the rights of the individual under the Statement of Rights; and
(c) prioritises the following:
(i) kindness, compassion and respect for the life experiences, self‑determination, dignity, quality of life, mental health and wellbeing of the individual;
(ii) the timely and responsive delivery of the service to the individual;
(iii) specific tailoring of care to the personal needs, aspirations and preferences of the individual, including preferences regarding the time when the service is delivered;
(iv) respecting the individual’s preferences regarding privacy and time alone;
(v) supporting the improvement of the individual’s wellbeing, independence, autonomy and physical and cognitive capacity through reablement approaches, where the individual chooses to, including by keeping the individual mobile and engaged if they are living in an approved residential care home;
(vi) supporting the individual to participate in meaningful and respectful activities and remain connected to friends, family, carers and the community, where the individual chooses to;
(vii) supporting the individual to remain connected to the natural environment, and animals and pets, where the individual chooses to;
(viii) implementing inclusive policies and procedures, in partnership with Aboriginal or Torres Strait Islander persons, family and community to ensure that culturally safe, culturally appropriate and accessible care is delivered to those persons at all times, which incorporates flexibility and recognises the unique experience of those persons;
(ix) adapting policy, practices and environments to ensure that services are culturally appropriate for the diverse life experiences of individuals, including by engaging workers with lived experience of diversity in the provider’s workforce and governing body;
(x) bilingual aged care workers and interpreters being made available if required by the individual;
(xi) training of the aged care workers to facilitate the delivery of the service by well‑skilled and empowered aged care workers who are able to develop and maintain a relationship with the individual;
(xii) recruitment and retention of aged care workers to ensure the needs of individuals are able to be met;
(xiii) the delivery of high quality nursing services by sufficient numbers of qualified and experienced direct care staff members.
21 Meaning of protected information
Relevant information is protected information if:
(a) it is personal information; or
(b) it is information (including commercially sensitive information) the disclosure of which could reasonably be expected to found an action by an entity (other than the Commonwealth) for breach of a duty of confidence.
Note: Under the Privacy Act 1988, sensitive information (within the meaning of that Act) may be personal information. Information is not personal information if it is only about a person who has died.
22 Meaning of dependent child
(1) A young person (see subsection (2)) is a dependent child of an individual (the adult) if:
(a) the adult:
(i) is legally responsible (whether alone or jointly with another individual) for the day‑to‑day care, welfare and development of the young person; or
(ii) is under a legal obligation to provide financial support in respect of the young person; and
(b) in a subparagraph (a)(ii) case—the adult is not included in a class of persons prescribed by the rules; and
(c) the young person is not:
(i) in full‑time employment; or
(ii) in receipt of a social security pension (within the meaning of the Social Security Act 1991) or a social security benefit (within the meaning of that Act); or
(iii) included in a class of persons prescribed by the rules.
(2) A reference in subsection (1) to a young person is a reference to any of the following:
(a) an individual under 16 years of age;
(b) an individual who:
(i) has reached 16 years of age, but is under 25 years of age; and
(ii) is receiving full‑time education at a school, college or university;
(c) an individual included in a class of persons prescribed by the rules.
(3) For the purposes of paragraph (b) of the definition of close relation in section 7, if one individual is the child of another individual because of the definition of child in that section, relationships traced to or through the individual are to be determined on the basis that the individual is the child of the other individual.
Part 3—Aged care rights and principles
Division 1—Aged care rights
23 Statement of Rights
Independence, autonomy, empowerment and freedom of choice
(1) An individual has a right to:
(a) exercise choice and make decisions that affect the individual’s life, including in relation to the following:
(i) the funded aged care services the individual has been approved to access;
(ii) how, when and by whom those services are delivered to the individual;
(iii) the individual’s financial affairs and personal possessions; and
(b) be supported (if necessary) to make those decisions, and have those decisions respected; and
(c) take personal risks, including in pursuit of the individual’s quality of life, social participation and intimate and sexual relationships.
Equitable access
(2) An individual has a right to equitable access to:
(a) have the individual’s need for funded aged care services assessed, or reassessed, in a manner which is:
(i) culturally safe, culturally appropriate, trauma‑aware and healing‑informed; and
(ii) accessible and suitable for individuals living with dementia or other cognitive impairment; and
(b) palliative care and end‑of‑life care when required.
Quality and safe funded aged care services
(3) An individual has a right to:
(a) be treated with dignity and respect; and
(b) safe, fair, equitable and non‑discriminatory treatment; and
(c) have the individual’s identity, culture, spirituality and diversity valued and supported; and
(d) funded aged care services being delivered to the individual:
(i) in a way that is culturally safe, culturally appropriate, trauma‑aware and healing‑informed; and
(ii) in an accessible manner; and
(iii) by aged care workers of registered providers who have appropriate qualifications, skills and experience.
(4) An individual has a right to:
(a) be free from all forms of violence, degrading or inhumane treatment, exploitation, neglect, coercion, abuse or sexual misconduct; and
(b) have quality and safe funded aged care services delivered consistently with the requirements imposed on registered providers under this Act.
Note: Division 1 of Part 4 of Chapter 3 deals with conditions on registered providers, including requirements in relation to the use of restrictive practices and management of incidents.
Respect for privacy and information
(5) An individual has a right to have the individual’s:
(a) personal privacy respected; and
(b) personal information protected.
(6) An individual has a right to seek, and be provided with, records and information about the individual’s rights under this section and the funded aged care services the individual accesses, including the costs of those services.
Person‑centred communication and ability to raise issues without reprisal
(7) An individual has a right to:
(a) be informed, in a way the individual understands, about the funded aged care services the individual accesses; and
(b) express opinions about the funded aged care services the individual accesses and be heard.
(8) An individual has a right to communicate in the individual’s preferred language or method of communication, with access to interpreters and communication aids as required.
(9) An individual has a right to:
(a) open communication and support from registered providers when issues arise in the delivery of funded aged care services; and
(b) make complaints using an accessible mechanism, without fear of reprisal, about the delivery of funded aged care services to the individual; and
(c) have the individual’s complaints dealt with fairly and promptly.
Advocates, significant persons and social connections
(10) An individual has a right to be supported by an advocate or other person of the individual’s choice, including when exercising or seeking to understand the individual’s rights in this section, voicing the individual’s opinions, making decisions that affect the individual’s life and making complaints or giving feedback.
(11) An individual has a right to have the role of persons who are significant to the individual, including carers, visitors and volunteers, be acknowledged and respected.
(12) An individual has a right to opportunities, and assistance, to stay connected (if the individual so chooses) with:
(a) significant persons in the individual’s life and pets, including through safe visitation by family members, friends, volunteers or other visitors where the individual lives and visits to family members or friends; and
(b) the individual’s community, including by participating in public life and leisure, cultural, spiritual and lifestyle activities; and
(c) if the individual is an Aboriginal or Torres Strait Islander person—community, Country and Island Home.
(13) An individual has a right to access, at any time the individual chooses, a person designated by the individual, or a person designated by an appropriate authority.
24 Effect of Statement of Rights
(1) An individual is entitled to the rights specified in section 23 when accessing, or seeking to access, funded aged care services.
(2) It is the intention of the Parliament that registered providers delivering funded aged care services to individuals must take all reasonable and proportionate steps to act compatibly with the rights specified in section 23 in the delivery of funded aged care services, taking into account that limits on rights may be necessary to balance the following:
(a) competing or conflicting rights;
(b) the rights and freedoms of other individuals, including aged care workers of the registered provider and other individuals accessing funded aged care services;
(c) compliance with other laws of the Commonwealth, or of a State or Territory, including the Work Health and Safety Act 2011.
(3) Nothing in this Division creates rights or duties that are enforceable by proceedings in a court or tribunal.
Note: However, it is a condition of registration for certain registered providers that a registered provider must demonstrate understanding of the Statement of Rights and have in place practices to ensure that the provider acts compatibly with the Statement of Rights: see subsection 144(1). A person may make a complaint to the Complaints Commissioner about a registered provider acting in a way that is incompatible with the Statement of Rights: see section 358.
Division 2—Aged care principles
25 Statement of Principles
A person‑centred aged care system
(1) The safety, health, wellbeing and quality of life of individuals is the primary consideration in the delivery of funded aged care services.
(2) The Commonwealth aged care system supports the delivery of funded aged care services by registered providers that:
(a) puts older people first; and
(b) treats older people as unique individuals; and
(c) recognises the rights of individuals under the Statement of Rights.
(3) The Commonwealth aged care system supports individuals to:
(a) be able to reside at the individual’s home (if the individual so chooses) or, if that is not possible, in a setting that is appropriate given the individual’s circumstances, needs and preferences; and
(b) exercise individual responsibility and make decisions that enable the individual to lead an active and fulfilling life, including by engaging in the community and maintaining relationships with people (if the individual so chooses); and
(c) be active and informed in decision‑making, or be supported (if necessary) to make or communicate decisions, about the funded aged care services the individual accesses to ensure the individual’s will and preferences are respected; and
(d) maintain or improve the individual’s physical, mental, cognitive and communication capabilities to the extent possible (if the individual so chooses), except where it is the individual’s choice to access palliative care and end‑of‑life care; and
(e) be aware of, understand and be empowered to exercise, their rights under the Statement of Rights when accessing, or seeking to access, funded aged care services; and
(f) engage with, and be supported by, independent aged care advocates (if the individual so chooses), including through receiving information, education and advocacy in relation to accessing, or seeking to access, funded aged care services.
(4) The Commonwealth aged care system offers accessible, culturally safe, culturally appropriate, trauma‑aware and healing‑informed funded aged care services, if required by an individual and based on the needs of the individual, regardless of the individual’s location, background and life experiences.
Note: This may include individuals who:
(a) are Aboriginal or Torres Strait Islander persons, including those from stolen generations; or
(b) are veterans or war widows; or
(c) are from culturally, ethnically and linguistically diverse backgrounds; or
(d) are financially or socially disadvantaged; or
(e) are experiencing homelessness or at risk of experiencing homelessness; or
(f) are parents and children who are separated by forced adoption or removal; or
(g) are adult survivors of institutional child sexual abuse; or
(h) are care‑leavers, including Forgotten Australians and former child migrants placed in out of home care; or
(i) are lesbian, gay, bisexual, trans/transgender or intersex or other sexual orientations or are gender diverse or bodily diverse; or
(j) are an individual with disability or mental ill‑health; or
(k) are neurodivergent; or
(l) are deaf, deafblind, vision impaired or hard of hearing; or
(m) live in rural, remote or very remote areas.
(5) The Commonwealth aged care system builds the capacity of registered providers and connections with individuals in the community to support:
(a) continuity of funded aged care services; and
(b) access to integrated services, including strong linkages with the health, mental health, veterans, disability and community services sectors.
An aged care system that values workers and carers
(6) The Commonwealth aged care system:
(a) supports funded aged care services being delivered by a diverse, trained and appropriately skilled workforce who are valued and respected; and
(b) supports aged care workers of registered providers being empowered, including through access to relevant information, to:
(i) provide feedback, suggest measures and take actions that support innovation, continuous improvement and the delivery of high quality care; and
(ii) participate in governance and accountability mechanisms related to the delivery of funded aged care services; and
(c) recognises and supports the important role of advocates, carers, volunteers and visitors in improving individuals’ experiences of the Commonwealth aged care system.
(7) The Commonwealth aged care system recognises the valuable contribution carers make to society, consistent with the Carer Recognition Act 2010, and carers should be considered partners with registered providers who deliver funded aged care services.
A transparent and sustainable aged care system that represents value for money
(8) The Commonwealth aged care system is transparent and provides publicly available information, about funded aged care services, that is understandable, accessible and communicated through a variety of methods and languages.
(9) Funding by the Commonwealth for funded aged care services supports the delivery and regulation of those services to the individuals who have been prioritised on the basis of need for funded aged care services, taking into account the availability of resources and the needs of the individuals relative to other individuals.
(10) Individuals accessing funded aged care services are expected to meet some of the costs of those services if those individuals have the financial means to do so.
(11) The Commonwealth aged care system focusses on the needs of older people, and should not be used inappropriately to address service gaps in other care and support sectors preventing individuals from accessing the best available services to meet the needs, goals and preferences of those individuals.
(12) The Commonwealth aged care system is managed to ensure:
(a) it is sustainable and resilient; and
(b) the Commonwealth’s investment in the system represents value for money, including by ensuring that public resources are used in the most efficient, effective, ethical and economic manner.
An aged care system that continues to improve
(13) The regulation of the Commonwealth aged care system:
(a) promotes innovation, continuous improvement and contemporary evidence‑based best practice in the Commonwealth aged care system; and
(b) is responsive and proportionate to risk, with a focus on prevention and timely action; and
(c) focusses on the safety, health, wellbeing and quality of life of individuals, and prioritises the areas of highest risk to individuals; and
(d) promotes the provision of high quality care; and
(e) strives for regulatory alignment (if appropriate) with other care and support sectors; and
(f) is undertaken in collaboration with older people.
(14) Feedback and complaints about the delivery and accessibility of funded aged care services are used to inform and promote continuous improvement in the Commonwealth aged care system.
26 Effect of Statement of Principles
(1) It is the intention of the Parliament that the Minister, the System Governor, the Commissioner, the Complaints Commissioner and any other person or body, performing functions or exercising powers under this Act, must have regard to the principles specified in section 25 when performing those functions or exercising those powers.
(2) Nothing in this Division creates rights or duties that are enforceable by proceedings in a court or tribunal.
(3) A failure to comply with this Division does not affect the validity of any decision, and is not a ground for the review or challenge of any decision.
Part 4—Supporters
Division 1—Actions and duties of supporters
27 Actions of supporters
A supporter of an individual may, in line with the individual’s will and preferences, do any of the following to support the individual to do a thing under, or for the purposes of, this Act (other than Part 5 of Chapter 4 of this Act):
(a) request, access or receive information or documents;
(b) communicate information, including the will, preferences and decisions of the individual;
(c) a thing, other than making a decision on behalf of the individual, prescribed by the rules.
Note 1: If there is more than one supporter of an individual, the supporters may do a thing jointly and severally: see subsection 37(3).
Note 2: For the provisions about how supporters are registered, see Division 3.
28 Role of guardians etc
(1) A person must not do any thing on behalf of an individual that may or must be done by the individual under, or for the purposes of, this Act unless the person is a person covered by subsection (2) who is, by reason of being such a person, authorised to do the thing on behalf of the individual.
(2) A person is covered by this subsection if the person:
(a) has guardianship of the individual under a law of the Commonwealth, a State or a Territory; or
(b) is appointed by a court, tribunal, board or panel (however described) under a law of the Commonwealth, a State or a Territory, and has power to make decisions for the individual; or
(c) holds an enduring power of attorney or like power granted by the individual; or
(d) is included in a class of persons prescribed by the rules.
29 Giving information and documents to supporters
(1) Any information or document that is required or authorised under, or for the purposes of, this Act (other than Part 5 of Chapter 4 of this Act) to be given to an individual must also be given to the following persons:
(a) if the individual has consented to information or documents being given to a supporter of the individual—that supporter;
(b) regardless of whether the individual has consented—to a supporter of the individual if the supporter is a person covered by subsection 28(2).
(2) A person who receives information under subsection (1) may only use the information:
(a) under, or for the purposes of, this Act; and
(b) if the person is a person covered by subsection 28(2)—in a manner that is consistent with the person’s duties and obligations as such a person.
30 Duties of supporters
(1) A supporter of an individual has:
(a) the duties set out in:
(i) subsection (2); and
(ii) section 31 (duty to inform of matters affecting ability or capacity to act as supporter); and
(b) the duty to act honestly, diligently and in good faith in discharging the supporter’s other duties; and
(c) the duty to avoid or manage any conflict of interest in relation to the supporter and the individual, and to inform the System Governor of any such conflict as it arises; and
(e) any duty prescribed by the rules.
(2) If the supporter is doing a thing under section 27 to support the individual to do a thing under, or for the purposes of, this Act, it is a duty of the supporter to:
(a) act in a manner that promotes the will, preferences and personal, cultural and social wellbeing of the individual; and
(b) act honestly, diligently and in good faith; and
(c) support the individual only to the extent necessary for the individual to do the thing, applying the supporter’s best endeavours to maintain the ability of the individual to make the individual’s own decisions.
31 Duty to inform of matters affecting ability or capacity to act as supporter
(1) For the purposes of subparagraph 30(1)(a)(ii), a supporter of an individual has a duty to inform the System Governor if:
(i) an event or change of circumstances happens; or
(ii) the supporter becomes aware that an event or change of circumstances is likely to happen; and
(b) the event or change of circumstances is likely to affect:
(i) the ability or capacity of the supporter to act as a supporter of the individual, including complying with the duties of supporters referred to in subsection 30(1); or
(ii) the ability of the System Governor to contact the supporter for the purposes of this Act; or
(iii) the ability or capacity of the supporter to comply with notices given to, and imposing requirements on, the supporter by the System Governor under, or for the purposes of, this Act.
(2) The supporter must inform the System Governor under subsection (1) as soon as reasonably practicable after the event or change of circumstances happens, or the supporter first becomes aware that the event or change of circumstances is likely to happen.
(3) This section extends to:
(a) acts, omissions, matters and things outside Australia, whether or not in a foreign country; and
(b) all persons, irrespective of their nationality or citizenship.
32 When there is no breach of duty
(1) A supporter of an individual does not breach a duty of supporters referred to in subsection 30(1) by doing a thing if, when the thing is done, the supporter reasonably believes that the supporter is doing the thing to comply with the supporter’s duties under that subsection.
(2) A supporter of an individual does not breach a duty of supporters referred to in subsection 30(1) by refraining from doing a thing if, at the relevant time, the supporter reasonably believes that the supporter is refraining from doing the thing to comply with the supporter’s duties under that subsection.
33 Concurrent operation of State and Territory laws
This Part does not exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.
Division 2—Protections relating to supporters
34 Protection of individual against liability for actions of supporter
An individual accessing, or seeking to access, funded aged care services does not commit an offence, and is not liable to a civil penalty, under this Act in relation to any act or omission of another person in that person’s capacity as a supporter of the individual.
35 Protection of supporter against liability
A supporter of an individual accessing, or seeking to access, funded aged care services does not commit an offence, and is not liable to a civil penalty, under this Act in relation to:
(a) any act or omission of the individual; or
(b) anything done, in good faith, by the supporter in their capacity as a supporter of the individual.
36 Offence for abuse of position as supporter
Offence for current supporters
(a) the person is a supporter of an individual accessing, or seeking to access, funded aged care services; and
(b) the person:
(i) exercises any influence that the person has in their capacity as a supporter of the individual; or
(ii) engages in any conduct when doing a thing under section 27 in the person’s capacity as a supporter of the individual; or
(iii) uses any information that the person obtained in the person’s capacity as a supporter of the individual; and
(c) the person does so with the intention of:
(i) dishonestly obtaining a benefit for the person or any other person; or
(ii) dishonestly causing a detriment to another person.
(2) Strict liability applies to paragraph (1)(a).
Offence for former supporters
(3) A person commits an offence if:
(a) the person has ceased to be a supporter of an individual accessing, or seeking to access, funded aged care services; and
(b) the person obtained information in the person’s capacity as a supporter of the individual; and
(c) the person uses the information with the intention of:
(i) dishonestly obtaining a benefit for the person or any other person; or
(ii) dishonestly causing a detriment to another person.
(4) Strict liability applies to paragraphs (3)(a) and (b).
Dishonesty
(5) In a prosecution for an offence against subsection (1) or (3), the determination of dishonesty is a matter for the trier of fact.
Definitions
(6) In this section:
dishonest means:
(a) dishonest according to the standards of ordinary people; and
(b) known by the defendant to be dishonest according to the standards of ordinary people.
Division 3—Registration of supporters
37 Registration of supporters
(1) The System Governor may decide whether to register a person, for the purposes of this Act, to be a supporter of an individual accessing, or seeking to access, funded aged care services.
(2) The registration may be made on the request of a person (including the individual) or body.
(3) The System Governor may, under subsection (1):
(a) register one person as a supporter of the individual; or
(b) register 2 or more persons, jointly and severally, as supporters of the individual.
(4) The System Governor must, subject to subsection (6), register a person covered by subsection 28(2) (which deals with guardians and persons in other similar positions) under subsection (1) if:
(a) there is such a person in relation to the individual; and
(b) the person makes a request to be registered as a supporter of the individual.
(5) When considering whether to register a person under subsection (1) who is not a person covered by subsection 28(2) (which deals with guardians and persons in other similar positions), the System Governor must have regard to whether there is any person covered by that subsection in relation to the individual.
(6) The System Governor must not register a person under subsection (1) unless:
(a) the System Governor is satisfied that the person is able to comply with the duties of supporters referred to in paragraphs 30(1)(a) to (c) and (e); and
(b) one of the following applies:
(i) if the registration is made on the request of the person who is a person covered by subsection 28(2)—the person has given consent to the registration;
(ii) if the registration is made on the request of the person who is not a person covered by subsection 28(2)—both the person and the individual have given consent to the registration; and
(c) the System Governor has taken into consideration any other matters prescribed by the rules.
(7) A registration under subsection (1) may be made verbally or in writing.
Note: Written notice of the registration must be given under section 39 as soon as practicable after the registration is made.
38 Notice of decision not to register a person as a supporter
(1) If the System Governor decides not to register a person under subsection 37(1) to be a supporter of an individual, the System Governor must give notice of the decision to:
(a) any person who, or body which, made a request to the System Governor to register the person; and
(a) be given as soon as practicable after the decision is made; and
(b) include the reasons for the decision and how a person may apply for reconsideration of the decision.
39 Notification of registration of supporter in circumstances where individual has not consented to registration
(1) If the System Governor registers a person under subsection 37(1) to be a supporter of an individual in the circumstance set out in subparagraph 37(6)(b)(i), the System Governor must give written notice of the registration to the following:
(a) the supporter;
Note: An individual is not required to consent to the registration of a person as a supporter of the individual in the circumstances set out in subparagraph 37(6)(b)(i).
(a) include the information specified in section 40; and
(b) be given as soon as practicable after the System Governor registers the supporter.
40 Content of notice of registration
(1) For the purposes of section 39, the information to be included in a notice given under that section is as follows:
(a) the name and contact details of the supporter registered in relation to an individual;
(b) the reasons for the decision to register the supporter;
(c) how a person may apply for reconsideration of that decision.
(2) The notice may specify the following:
(a) that the registration takes effect on a specified day;
(b) that the registration remains in effect until a specified day.
Note: A specified day could be the day a specified event occurs.
41 Effect of registration as a supporter
The registration of a person as a supporter of an individual does not prevent the individual from doing a thing that the individual may otherwise do under, or for the purposes of, this Act.
42 Period of effect of registration
(1) A registration of a supporter of an individual takes effect:
(a) at the time specified by the System Governor in relation to the registration; or
(b) if the System Governor does not specify a time for the purposes of paragraph (a)—at the time the registration is made under section 37.
Note: A registration may be made verbally or in writing under section 37.
(2) Subject to subsection 49(4) (which provides that registrations have no effect while suspended), the registration remains in effect until the earliest of the following:
(a) the registration is cancelled under Division 5;
(b) the individual dies;
(c) the supporter dies;
(d) if the notice of registration given to the supporter under section 39 specifies that the registration remains in effect until a specified day—that day.
Division 5—Suspensions and cancellations of registration
49 Suspension of registration
When a registration may be suspended
(1) The System Governor may suspend the registration of a person as a supporter of an individual if:
(a) the System Governor reasonably believes that the supporter has caused, or is likely to cause, physical, sexual, financial, psychological or emotional abuse or neglect to the individual; or
(b) the System Governor reasonably believes that the supporter has used information provided to the supporter under subsection 29(1) other than under, or for the purposes of, this Act; or
(c) the System Governor reasonably believes that the supporter has not complied with, or is not able to comply with a duty of supporters referred to in subsection 30(1) that applies to the supporter; or
(d) a circumstance set out in subsection (2) or (3) exists; or
(e) another circumstance prescribed by the rules exists in relation to the supporter.
(2) The circumstance is that:
(a) the supporter informs the System Governor under section 31 that:
(i) an event or change of circumstances has happened or is likely to happen; and
(ii) the event or change of circumstances is likely to have an effect as described in paragraph 31(1)(b); and
(b) the System Governor reasonably believes that the event or change of circumstances is likely to affect:
(i) the ability or capacity of the supporter to act as a supporter of the individual, including complying with the duties referred to in subsection 30(1) that apply to the supporter; or
(ii) the ability of the System Governor to contact the supporter for the purposes of this Act; or
(iii) the ability or capacity of the supporter to comply with notices given to, and imposing requirements on, the supporter by the System Governor under, or for the purposes of, this Act.
(3) The circumstance is that there is a change in relation to a person covered by subsection 28(2) (which deals with guardians and persons in other similar positions) in relation to the individual.
Note: Examples of changes include a change as to whether there is such a person in relation to the individual, or a change to who the person is.
Effect of suspension of registration
(4) While a person’s registration as a supporter of an individual is suspended, the registration has no effect for the purposes of this Act.
50 Notice and decisions following suspension of registration
(1) If the System Governor suspends the registration of a person (the suspended person) as a supporter of an individual, the System Governor must give written notice of the suspension to the following:
(a) the suspended person;
(2) The notice under subsection (1) must be given as soon as practicable after the System Governor suspends the registration.
(3) The notice given to the suspended person and the individual under subsection (1) must:
(a) include the reasons for the decision to suspend the registration; and
(b) provide that the suspended person and individual may give the System Governor, within 28 days after the day the notice is given, a statement setting out the reasons why the person’s registration should not be cancelled.
51 Cancellation of registration following suspension, or revoking suspension
(1) If the suspended person or individual (or both) gives the System Governor the statement referred to in paragraph 50(3)(b) within the 28‑day period, the System Governor must, as soon as practicable after receiving the statement, consider the statement and decide whether to cancel the suspended person’s registration.
(2) If neither the suspended person nor the individual gives the System Governor the statement within the 28‑day period, the System Governor may cancel the person’s registration as soon as practicable after that period ends.
(3) If the System Governor decides not to cancel the registration under subsection (1) or (2), the System Governor must:
(a) revoke the suspension of the person’s registration; and
(b) give written notice of the System Governor’s decision not to cancel the registration to the person and individual to whom notice was given under subsection 50(1).
52 Cancellation of registration of supporter on request by supporter
The System Governor must cancel the registration of a person as a supporter of an individual as soon as practicable if the supporter makes a written or verbal request to the System Governor to cancel the registration.
53 Cancellation of registration of supporter on request by individual
(1) If an individual makes a written or verbal request to the System Governor to cancel the registration of a person as a supporter of the individual, the System Governor must consider the request and decide:
(a) if the supporter is not a person covered by subsection 28(2)—to cancel the registration; and
(b) if the supporter is a person covered by subsection 28(2)—whether to cancel the registration.
(2) Before the System Governor decides whether to cancel the registration of a person as a supporter of an individual under paragraph (1)(b), the System Governor must give written notice of the individual’s request to the supporter.
(3) The notice under subsection (2) must:
(a) be given as soon as practicable after the request is received by the System Governor; and
(b) provide that the supporter may give the System Governor, within 28 days after the day the notice is given, a statement setting out the reasons why the person’s registration as a supporter of the individual should not be cancelled.
(3A) The System Governor must make the decision within:
(a) if the supporter is given a notice under subsection (2) and gives the System Governor a statement referred to in paragraph (3)(b) within the 28‑day period—14 days after receiving the statement; or
(b) if the supporter is given a notice under subsection (2) but does not give the System Governor a statement referred to in paragraph (3)(b) within the 28‑day period—14 days after the end of that 28‑day period; or
(c) otherwise—28 days after receiving the request.
(4) If the System Governor decides not to cancel the registration, the System Governor must give written notice of the System Governor’s decision to the individual and the supporter.
(5) The notice under subsection (4) must:
(a) be given as soon as practicable after the System Governor decides not to cancel the registration; and
(b) include:
(i) the reasons for the decision; and
(ii) how the individual may apply for reconsideration of the decision.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Aged Care Act 2024
No. 104, 2024
Compilation No. 1
Compilation date: 1 November 2025
Includes amendments: Act No. 45, 2025
About this compilation
This compilation
This is a compilation of the Aged Care Act 2024 that shows the text of the law as amended and in force on 1 November 2025 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
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.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
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. Any modifications affecting the law are accessible on the Register.
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
Chapter 1—Introduction
Part 1—Preliminary
1 Short title
2 Commencement
3 Act binds the Crown
4 Extension to external Territories
5 Objects of this Act
6 Simplified outline of this Act
Part 2—Definitions and key concepts
Division 1—Definitions
7 Definitions
Division 2—Key concepts
8 Aged care service list
9 Funded aged care services and who they are delivered to
10 Where funded aged care services are delivered
11 Who delivers funded aged care services
11A Delivery of funded aged care services
12 Meaning of responsible person
13 Meaning of suitability matters in relation to an individual
14 Aged Care Code of Conduct
15 Aged Care Quality Standards
16 Meaning of reportable incident
17 Restrictive practice in relation to an individual
18 Restrictive practice requirements
19 Meaning of significant failure and systematic pattern of conduct
20 Meaning of high quality care
21 Meaning of protected information
22 Meaning of dependent child
Part 3—Aged care rights and principles
Division 1—Aged care rights
23 Statement of Rights
24 Effect of Statement of Rights
Division 2—Aged care principles
25 Statement of Principles
26 Effect of Statement of Principles
Part 4—Supporters
Division 1—Actions and duties of supporters
27 Actions of supporters
28 Role of guardians etc
29 Giving information and documents to supporters
30 Duties of supporters
31 Duty to inform of matters affecting ability or capacity to act as supporter
32 When there is no breach of duty
33 Concurrent operation of State and Territory laws
Division 2—Protections relating to supporters
34 Protection of individual against liability for actions of supporter
35 Protection of supporter against liability
36 Offence for abuse of position as supporter
Division 3—Registration of supporters
37 Registration of supporters
38 Notice of decision not to register a person as a supporter
39 Notification of registration of supporter in circumstances where individual has not consented to registration
40 Content of notice of registration
41 Effect of registration as a supporter
42 Period of effect of registration
Division 5—Suspensions and cancellations of registration
49 Suspension of registration
50 Notice and decisions following suspension of registration
51 Cancellation of registration following suspension, or revoking suspension
52 Cancellation of registration of supporter on request by supporter
53 Cancellation of registration of supporter on request by individual
54 Notification of cancellation of registration
Chapter 2—Entry to the Commonwealth aged care system
Part 1—Introduction
55 Simplified outline of this Chapter
Part 2—Eligibility for entry
Division 1—Applying for access to funded aged care services
56 Requirements for applications
57 System Governor must decide whether to make determination
58 Eligibility determination for an aged care needs assessment
59 Notice of decision not to make a determination
60 Period of effect of determination
Division 2—Aged care needs assessments and reassessments
61 Aged care needs assessments
62 Undertaking aged care needs assessments
63 Aged care needs assessment reports
64 Aged care needs reassessments
Division 3—Approval of access to funded aged care services
65 Approval of access for funded aged care services
66 Aboriginal or Torres Strait Islander persons
67 Individuals with an impairment or sickness
68 Individuals with a sickness
69 Conditions on approvals of service types or services in certain service groups
70 Notice of decision
71 Period of effect of approval
Division 4—Revoking eligibility determinations and access approvals
72 Request for revocation
73 Revocation on request
74 Revocation on initiative of System Governor
Part 3—Classification
Division 1—Classification assessments and decisions
75 Classification assessments
76 Undertaking classification assessments
77 Classification assessment reports
78 Classification decisions
79 Notice of decision
80 Period of effect of classification level
81 Classification levels and procedures
Division 2—Applying for a classification reassessment
82 Requirements for applications for classification reassessments
Division 3—Changing classifications
83 Changing classifications
Part 4—Prioritisation
84 Prioritisation assessment
85 Prioritisation report
86 Priority category decisions
87 Priority categories and urgency ratings
88 Notice of decision
89 Period of effect of decision
90 Changing priority category for service group
Part 5—Place allocation
Division 1—Allocation of places to individuals
91 Number of places available for allocation
92 Allocation of places to individuals
92A When a place is in effect
93 Method for allocation
Division 2—Allocation of a place to registered providers for certain specialist aged care programs
94 Number of places available for allocation
95 System Governor may decide to allocate a place
96 Notice of decision to allocate a place
97 When a place is in effect
98 Transfer of places
99 Conditions that apply to an allocated place
100 Application to vary a condition relating to an allocated place
101 System Governor must decide whether to vary a condition
102 Notice of decision on whether to vary a condition
Chapter 3—Registered providers, aged care workers and aged care digital platform operators
Part 1—Introduction
103 Simplified outline of this Chapter
Part 2—Provider registration and residential care home approval process
Division 1—Applications for registration and registration decisions
Subdivision A—Applications for registration
104 Registration of providers
105 Commissioner must decide whether to register the entity
Subdivision B—Applications for renewal
106 Invitation to renew registration
107 Renewal of registration
108 Commissioner must decide whether to renew the registration
Subdivision C—Registration and renewal requirements
109 Registration and renewal requirements
110 Audit requirements
Division 2—Applications for approval of residential care homes
Subdivision A—Applications for approval
111 Approval of residential care homes
112 Commissioner must decide whether to approve the home
Subdivision B—Approval requirements
113 Approval requirements
Division 3—Notice of decisions and other provisions
Subdivision A—Registration and renewal decisions
114 Notice of decision to register or renew
115 Registration period
116 Extension of registration period—pending applications
117 Deemed registration
Subdivision B—Residential care home approval decisions
118 Notice of decision to approve residential care home
119 Approval period
120 Deemed approval
Subdivision C—Refusal decisions
121 Notice of possible refusal
122 Notice of refusal decisions
Part 3—Variations, suspensions and revocations
Division 1—Variations, suspensions and revocations of registrations
123 Variation of registration on Commissioner’s own initiative
124 Variation of registration on application by registered provider
125 Notice of possible variation of registration on Commissioner’s own initiative
126 Notice of possible refusal to vary registration on application by registered provider
127 Notice of decision to vary
128 Notice of decision not to vary
129 Suspension of registration
130 Effect of registration while suspended
131 Revocation of registration
132 Notice of possible suspension or revocation on Commissioner’s own initiative
133 Registered provider may be required to agree to certain matters if revocation is being considered
134 Notice of Commissioner initiated suspension or revocation
135 Notice of suspension or revocation on request by registered provider
Division 2—Variations, suspensions and revocations of approvals of residential care homes
136 Variation of approval on Commissioner’s own initiative
137 Variation of approval on application by registered provider
138 Revocation of approval
139 Notice of possible variation or revocation of approval on Commissioner’s own initiative
140 Notice of variation or revocation of approval
Division 3—Provider Register
141 Provider Register
Part 4—Obligations of registered providers etc. and conditions on registration of registered providers
Division 1—Conditions on provider registration
Subdivision A—Compliance with conditions
142 Conditions of registration
143 Conditions imposed by the Commissioner
Subdivision B—Conditions relating to Rights, Principles and Code of Conduct
144 Rights and principles
145 Aged Care Code of Conduct
Subdivision C—Conditions relating to delivery of funded aged care services
146 Compliance with Aged Care Quality Standards
147 Continuous improvement
148 Delivery of funded aged care services
149 Starting and ceasing the provision of funded aged care services and continuity of those services
Subdivision D—Conditions relating to financial matters
150 Compliance with Financial and Prudential Standards
150A Refundable deposit register
151 Fees, payments, contributions and subsidies
Subdivision E—Conditions relating to aged care workers
152 Workforce and aged care worker requirements
153 Vaccination
Subdivision F—Conditions relating to information and access
154 Personal information and record keeping
155 Provision of information to individuals
156 Access by supporters and independent aged care advocates etc.
Subdivision G—Conditions relating to governance
157 Membership of governing bodies
158 Advisory body requirements
159 Determination that certain conditions relating to the governing body of a registered provider do not apply
160 Variation or revocation of determination on the Commissioner’s own initiative
161 Constitution of registered providers that are wholly‑owned subsidiary corporations
Subdivision H—Conditions relating to restrictive practices
162 Restrictive practices
163 Immunity from civil or criminal liability in relation to the use of a restrictive practice in certain circumstances
Subdivision I—Conditions relating to management of incidents and complaints
164 Incident management
165 Complaints, feedback and whistleblowers
Division 2—Registered provider, responsible person and aged care worker obligations
Subdivision A—Obligations relating to reporting, notifications and information
165A Reports about reportable incidents
166 Other reports by registered providers
166A Approved report forms—section 165A and 166 reports
167 Change in circumstances
168 Protection of personal information
Subdivision B—Obligations relating to suitability of responsible persons
169 Responsible persons of a registered provider must notify of change of circumstances relating to suitability
170 Determination relating to suitability of responsible persons of a registered provider
171 Offence relating to failure to take action as required by determination
172 Offence relating to failure to comply with responsibility to consider suitability matters relating to responsible persons
Subdivision C—Obligations relating to aged care workers etc.
173 Aged care workers of registered providers must comply with Aged Care Code of Conduct
174 Responsible persons of registered providers must comply with Aged Care Code of Conduct
175 Registered nurses
176 Delivery of direct care
Subdivision D—Other obligations
177 Cooperation with other persons
178 Offences relating to non‑permitted use of refundable deposits
178A Offences relating to non‑permitted use of accommodation bonds
Part 5—Statutory duty and compensation
Division 1—Provider and responsible person duties
179 Registered provider duty
180 Duty for certain responsible persons
Division 2—Other provisions that apply to duties
181 Duties not transferrable
182 Entity may have more than 1 duty
183 More than 1 entity can have a duty
184 Other duties not affected
185 Concurrent operation of State and Territory laws
Division 3—Compensation pathway
186 Compensation orders
186A Protection of compensation
Part 6—Aged care digital platform operators
187 Meaning of aged care digital platform
188 Duty of operators of aged care digital platforms
189 Other obligations of certain operators of aged care digital platforms
Chapter 4—Funding of aged care services
Part 1—Introduction
190 Simplified outline of this Chapter
Part 2—Commonwealth contributions
Division 1—Subsidy for home support
Subdivision A—Person‑centred subsidy
191 Eligibility for person‑centred subsidy
192 Amount of person‑centred subsidy
193 Available ongoing home support quarterly account balance
194 Base individual amount
195 Available short‑term home support account balance
196 Primary person‑centred supplements
197 Secondary person‑centred supplements
Subdivision B—Reduction amounts for person‑centred subsidy
198 Reduction amounts
199 The compensation payment reduction for person‑centred subsidy
200 The individual contribution reduction
Subdivision C—Provider‑based subsidy
201 Eligibility for provider‑based subsidy
202 Amount of provider‑based subsidy
203 Available service delivery branch financial year account balance
204 Base provider amount
205 Provider‑based supplements
Subdivision D—Reduction amounts for provider‑based subsidy
206 Reduction amounts
207 The compensation payment reduction for provider‑based subsidy
208 The individual contribution reduction
Division 2—Subsidy for assistive technology
Subdivision A—Person‑centred subsidy
209 Eligibility for person‑centred subsidy
210 Amount of person‑centred subsidy
211 Available assistive technology account balance
212 Tier amount for individual
213 Primary person‑centred supplements
214 Secondary person‑centred supplements
Subdivision B—Reduction amounts for person‑centred subsidy
215 Reduction amounts
216 The compensation payment reduction for person‑centred su
This is an opening excerpt, not the complete document.