349Safeguarding functions

349  Safeguarding functions

  The safeguarding functions of the Commissioner are the following:

 (a) to uphold the rights under the Statement of Rights, and protect and enhance the safety, health, wellbeing and quality of life, of individuals accessing funded aged care services, including through encouraging the delivery of culturally safe, culturally appropriate, trauma aware and healing informed funded aged care services;

 (b) to protect continuity of care through:

 (i) monitoring the financial viability and sustainability of registered providers; and

 (ii) monitoring the compliance of registered providers with their financial and prudential requirements under section 150 and taking proactive steps to prevent non‑compliance with those requirements; and

 (iii) taking proactive steps to mitigate prudential and financial risks;

 (c) to promote:

 (i) continuous improvement for registered providers and aged care workers of registered providers; and

 (ii) the delivery of high quality care by registered providers; and

 (iii) the confidence and trust of individuals in the delivery of funded aged care services;

 (d) to ensure registered providers and operators of aged care digital platforms comply with this Act, including through supervision and information gathering, and by using the regulatory mechanisms available to the Commissioner under Chapter 6;

 (e) to ensure aged care workers and responsible persons of registered providers comply with their obligations under this Act (including the Aged Care Code of Conduct), including by using the regulatory mechanisms available to the Commissioner under Chapter 6;

 (f) to support registered providers to develop and implement effective incident management systems;

 (g) to build the capability of registered providers to prevent and manage reportable incidents;

 (h) to oversee the notification and management of reportable incidents and respond where appropriate;

 (i) to collect, correlate, analyse and disseminate information relating to reportable incidents to identify trends or systemic issues;

 (j) if the Commissioner considers it appropriate to do so, to seek and consider clinical advice relevant to functions of the Commissioner;

 (k) if the Commissioner considers it appropriate to do so, to seek and consider any professional advice (including financial advice) relevant to functions of the Commissioner.