11Who delivers funded aged care services

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 (b) the registration has not been revoked under a provision of Part 3 of Chapter 3.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.