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Aged Care - Sanctions and Notices of Non-Compliance

Adviser and Administrator Panels

Providing information about the Administrator and Adviser Panels relating to the Aged Care Sanctions.

Information about the aged care administrator panel and adviser panel (the panels) relating to aged care sanctions.

All Australian Government subsidised aged care services have an obligation to comply with a range of responsibilities under the Aged Care Act 1997 (the Act) to be eligible to receive Australian Government subsidies.

Where a service does not meet its responsibilities, the Secretary to the Australian Government Department of Health and Ageing (the Department) may impose sanctions on the approved provider of the service.

As part of the sanctions process the Secretary may require the approved provider to appoint an adviser and/or administrator, approved by the Department, to assist that approved provider to comply with its responsibilities under the Act.

The Act requires the Australian Government to establish an administrator panel and an adviser panel (the panels) from which approved providers must select an adviser or an administrator if they are required to do so as part of the sanctions process.

The Act provides for the appointment of persons to the panels by the Secretary (or delegate) where the Secretary (or delegate) is satisfied that the person:

• has at least three years’ experience in senior positions in managing, or providing professional advice and support to, an aged care service or similar undertaking;
• is not an Australian Government officer or employee;
• has no conflict of interest between their duties as a member of the panel and any of their other interests or duties; and
• is not a disqualified individual* under the Act.

*Under the Act, a person is a disqualified individual if the person has been convicted of an indictable offence, is an insolvent under administration or is of unsound mind.

If an approved provider on whom a relevant sanction has been imposed agrees to appoint a panel member as part of the sanctions process, that approved provider must, within 5 working days after the time on the sanctions notice;

• nominate a proposed administrator or adviser, in writing to the Secretary (or delegate); and
• give the Secretary (or delegate) written information about the nominee to allow the Secretary (or delegate) to decide whether the proposed administrator or adviser is suitable.

It is the responsibility of the approved provider to ensure that the panel member has the skills and qualifications to address the compliance issues outlined in the sanctions notice and that any applicable State or Territory employment and/or registration requirements can be met.

Industry associations may assist approved providers in identifying current panel members appropriate to the requirements of the service.

The panel member will work under contract to the approved provider, and will take action to assist the provider to remedy the compliance issues identified at the service.
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