Guide to Aged Care Law

Chapter 5 – Governance of the aged care system

Chapter 5 outlines who governs the aged care system, including the System Governor, Commissioner, Complaints Commissioner and Advisory Council, and explains their roles under the Aged Care Act 2024.

Overview

Chapter 5 explains the roles and organisations that oversee and regulate the aged care system. This is called governance.

  • The System Governor oversees the funded aged care system. The System Governor is the Secretary of the Department of Health, Disability and Ageing.
  • The Aged Care Quality and Safety Commission is the main regulator, led by the Commissioner.
  • The Complaints Commissioner, within the Commission, manages the improved complaints-handling processes.
  • The Aged Care Quality and Safety Advisory Council is an independent body that gives advice to the Commission.

Governance in aged care

Several roles and organisations oversee the government-funded aged care system. This model for governing the aged care system has been improved under the Aged Care Act 2024 (the Act). These improvements respond to recommendations from the Royal Commission and the independent capability review of the Aged Care Quality and Safety Commission (the Capability Review). 

A person-centred approach to aged care underpins the Act. This means that the people and organisations governing the aged care system should be guided by the Statement of Principles and the views of older people. Part of governing the aged care system includes directly engaging with older people who use funded aged care services.

The main organisations and roles responsible for governing the aged care system under the Act are:

  • the Department of Health, Disability and Ageing, through the System Governor
  • the Aged Care Quality and Safety Commission
    • the Aged Care Quality and Safety Commissioner
    • the Complaints Commissioner
  • the Aged Care Quality and Safety Advisory Council. 

Chapter 5 explains what each organisation and role is responsible for – their functions. The Commission and the department also have other powers for regulation explained in Chapter 6.

The Inspector-General of Aged Care also has a role in governing the aged care system. The Act refers to the role of the Inspector-General as part of the governance framework, but it is legislated by the Inspector-General of Aged Care Act 2023

Chapter 5 of the Act also outlines the administrative processes for the Commission, department and Advisory Council. This includes how people are appointed to roles, payment, general staffing, and any other conditions related to key roles.

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