Overview
Chapter 6 explains the regulatory powers that support the aged care system. Many of these are available to regulators under the Regulatory Powers (Standard Provisions) Act 2014 (the Regulatory Powers Act).
The Aged Care Act 2024 (the Aged Care Act) also includes extra powers to help build a stronger aged care system.
The regulatory tools include:
- powers under the Regulatory Powers Act
- extra powers to access a site or investigate a breach of the Aged Care Act
- notices requiring action
- banning orders
- assurance activities to protect the integrity of the aged care system
- processes for recovering debt.
Regulating the aged care system
Chapter 6 of the Aged Care Act gives the government the power to enforce the rules, processes and penalties provided for in the Aged Care Act to manage the funded aged care system. It also gives certain authorities – regulators – the tools and ability to make sure everyone working in the aged care system follows the Aged Care Act. These are regulatory powers.
Who are the regulators?
The Aged Care Quality and Safety Commission is the national regulator of the aged care system. The Department of Health, Disability and Ageing (the department) oversees and manages the system.
The Aged Care Act gives regulatory powers to:
- the Aged Care Quality and Safety Commissioner (the Commissioner)
- the Complaints Commissioner
- the System Governor, supported by the department.
The Commissioner, the Complaints Commissioner and the System Governor each have certain regulatory powers available to them under the Aged Care Act for uses relevant to their role. For example, the Aged Care Act may give the Commissioner and the System Governor many of the same regulatory powers, however they can each only use these powers to carry out their respective regulatory responsibilities. For that reason, the Guide explains the regulatory powers in a general nature and makes note where certain powers are only available to specific regulators.
The regulatory model
The regulatory framework is based on the Regulatory Powers Act. The Aged Care Act includes some changes to these powers, as well as some extra powers available to the System Governor, the Commissioner and Complaints Commissioner. These help to make sure the regulatory framework meets the specific needs of the aged care system.
Authorised officers
Authorised officers are the people who carry out many of the regulatory powers in the Aged Care Act. The Commissioner and the System Governor can choose certain people as authorised officers. An authorised officer must have the right training and qualifications to carry out their regulatory powers.
An authorised officer can also have someone helping them if needed and reasonable. For example, a clinical expert might help them if they are monitoring compliance with the Quality Standards. Or a financial expert might help investigate financial compliance.
An authorised officer or a person helping them isn’t legally responsible for loss, damage or harm while using their regulatory powers in good faith.