Aged Care Act 2024
103Simplified outline of this Chapter
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103 Simplified outline of this Chapter
To deliver funded aged care services, an entity must be registered as a registered provider by the Commissioner.
The Commissioner must consider whether an entity meets key eligibility requirements before deciding to register an entity. These requirements include general requirements and also registration category specific requirements.
The registered provider is registered in one or more provider registration categories, depending on the service types the provider intends to deliver.
To be registered in certain categories, including the residential care category, entities need to have completed an audit against the Aged Care Quality Standards. Residential care homes are also required to be approved, and may be approved in conjunction with the registration process, for entities intending to deliver service types in the residential care category.
The registration period is generally 3 years, with providers needing to apply to have their registration re‑assessed by the Commissioner and renewed in order to continue providing care after the expiration of a registration period. Providers can also apply to vary their registration where required during a registration period.
The Commissioner maintains a register of registered providers and former registered providers which may be published.
A registered provider must comply with key obligations, including conditions on their registration, when delivering funded aged care services. Civil penalties or offences generally apply for failure to meet these obligations. Statutory duties also apply to registered providers (and responsible persons of providers) with individuals able to seek compensation in cases resulting in serious illness or injury.
The Commissioner can revoke or suspend a provider’s registration, or revoke a residential care home approval, in certain circumstances. The Commissioner can also vary a provider’s registration or a residential care home approval in certain circumstances.
Separate obligations are also placed on responsible persons and aged care workers of registered providers, including to comply with the Aged Care Code of Conduct.
An aged care worker screening scheme is established which provides that NDIS clearance decisions are taken to be aged care clearance and exclusion decisions.
Part 2—Provider registration and residential care home approval process