(1) The Commissioner must establish and maintain a register for the purposes of this Act, to be known as the Provider Register.
(2) The Provider Register may be kept in any form that the Commissioner considers appropriate.
(3) The Provider Register must include each of the following in relation to the registration of a registered provider:
(b) the name of each responsible person of the provider;
(c) the ABN of the provider;
(d) the business location of the provider;
(e) the registration period;
(f) each provider registration category the provider is registered in;
(g) the provider’s intended service types;
(h) any specialist aged care program under which the provider delivers funded aged care services;
(i) if the provider is registered in the residential care category—the name and address of each approved residential care home covered by the registration;
(j) if the provider delivers funded aged care services in a home or community setting—each local government area in which the provider delivers those services;
(k) the conditions (if any) to which the registration is subject under section 143;
(l) whether the registration is in force or is suspended;
(m) if the provider has given an undertaking under section 114 of the Regulatory Powers Act (as applied by section 458 of this Act)—information about the undertaking;
(n) if a compliance notice has been given to the provider under section 481 or 482—information about the compliance notice;
(o) if a banning order against the provider is in force under section 497—information about the banning order;
(p) any other matter prescribed by the rules.
(4) The Provider Register may include any of the following in relation to an entity who was a registered provider:
(a) the name of the entity;
(b) the entity’s ABN;
(c) the address of the entity;
(d) if the entity was a registered provider and the entity’s registration was revoked on the Commissioner’s own initiative—information about the revocation;
(e) any other matter prescribed by the rules.
(5) The Provider Register must include each of the following in relation to a responsible person, or an aged care worker, of a registered provider against whom a banning order is in force under section 498:
(a) the name of the person or worker;
(b) the person’s or worker’s ABN (if any);
(c) information about the banning order;
(d) any other matter prescribed by the rules.
(6) The Provider Register may include each of the following in relation to a responsible person, or an aged care worker, of a registered provider against whom a banning order was in force under section 498:
(a) the name of the person or worker;
(b) the person’s or worker’s ABN (if any);
(c) information about the banning order;
(d) any other matter prescribed by the rules.
(7) The Commissioner may publish on the Commission’s website:
(a) the Provider Register, in whole or in part; or
(b) any of the information entered on the Provider Register.
(8) The rules may make provision for and in relation to the following:
(a) the correction of entries in the Provider Register;
(b) the publication of the Provider Register in whole or in part, or of specified information entered on the Provider Register;
(c) certificates of registration, including procedures for issuing certificates of registration to registered providers;
(d) any other matter relating to the administration or operation of the Provider Register.
(9) The Provider Register is not a legislative instrument.
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
(1) The registration of a registered provider is subject to the following conditions:
(a) the conditions set out in this Division that apply in relation to the provider;
(b) any conditions prescribed by the rules that apply in relation to the provider;
(c) any conditions imposed on the registration by the Commissioner under section 143.
Note: The conditions set out in this Division may only apply to certain kinds of registered providers or certain provider registration categories.
(2) Without limiting paragraph (1)(b), the rules may prescribe different requirements for different kinds of registered providers.
Note: For example, the rules might prescribe different rules for registered providers in different provider registration categories or registered providers delivering funded aged care services under different specialist aged care programs.
(c) the conduct breaches a condition to which the entity’s registration is subject.
(4) An entity contravenes this subsection if:
(c) the conduct breaches a condition to which the entity’s registration is subject; and
(d) the conduct:
143 Conditions imposed by the Commissioner
(1) The Commissioner may impose conditions on the registration of a registered provider.
(2) A condition may be imposed:
(a) at the time of registration; or
(b) at a later time in accordance with subsection 123(1) or 124(1).
(2A) The Commissioner must not impose a condition unless the condition is of a kind that is prescribed by the rules.
(2B) Subsection (2A) does not apply to a condition covered by subsection (3).
(3) The conditions covered by this subsection are conditions relating to the following matters:
(a) the quality and safety of funded aged care services delivered by a registered provider;
(b) the rules made for the purposes of subsection 110(1) (which deals with audit requirements);
(c) any additional reporting requirements that a registered provider must comply with;
(d) the Financial and Prudential Standards;
(e) the Aged Care Code of Conduct;
(f) requirements relating to the funded aged care services that a registered provider may or may not deliver;
(g) compliance with an agreement referred to in paragraph 133(3)(a) (eligible advisers).
Subdivision B—Conditions relating to Rights, Principles and Code of Conduct
144 Rights and principles
Rights
(a) demonstrate that the provider understands the rights of individuals under the Statement of Rights; and
(b) have in place practices to ensure that the provider acts compatibly with the Statement of Rights, in accordance with subsection 24(2) (acting compatibly with the Statement of Rights).
Principles—person‑centred aged care system
(2) It is a condition of registration that a registered provider of a kind prescribed by the rules must demonstrate that the provider understands that the safety, health, wellbeing and quality of life of individuals is the primary consideration in the delivery of funded aged care services.
145 Aged Care Code of Conduct
It is a condition of registration that a registered provider must:
(a) comply with the Aged Care Code of Conduct; and
(b) take reasonable steps to ensure that the aged care workers, and the responsible persons, of the registered provider comply with the Aged Care Code of Conduct.
Subdivision C—Conditions relating to delivery of funded aged care services