Changing, suspending or revoking registration

The Act sets out the rules and requirements around:

• changing a provider’s registration
• suspending or revoking a provider’s registration.

[Chapter 3 – Part 3 – Division 1, Division 2]

Changing a registration

Providers can apply to change their registration if needed. These changes are also called variations in the Act. A change in registration could be to: 

• add or remove a registration category
• add or remove an approved residential aged care home
• change a condition of registration.

The Commission is responsible for approving any changes and telling the provider about their decision. The Commission can also make some changes to a registration without the request of the provider. The Commissioner generally has to tell the provider if they are considering changing their registration if it might have a negative impact on the provider’s service delivery.

Suspending or revoking a registration

The Commissioner can suspend or revoke a provider’s registration if:

• they’re not complying with the Act
• they aren’t meeting their requirements to be registered
• they gave false or misleading information in their application
• they don’t have a suitable responsible person
• the provider is ‘insolvent under administration’ – they can’t pay their debts and they’re being managed by an independent administrator.

Suspending registration

Suspensions only apply for a specific period of time or until the provider takes certain action. The Commissioner can’t suspend a provider for more than 90 days at once, but they can suspend the same provider more than once. While suspended, the provider still has to meet their obligations under the Act. Government funding for services will stop while their registration is suspended.

Revoking registration

Revoking a provider’s registration is permanent and ends the provider’s registration. This means the provider will not be able to deliver funded aged care services.

Deciding to suspend or revoke a provider’s registration

The Commissioner decides whether it’s more suitable to suspend or revoke a provider’s registration. This decision is based on how serious the situation is, and how certain the Commissioner is about the circumstances of the violation. For example, if the Commissioner reasonably believes that the provider hasn’t followed the Act, they may be suspended. If the Commissioner is satisfied that the provider isn’t complying, their registration may be revoked.

When deciding to suspend or revoke a provider’s registration, the Commissioner will think about: 

• any action the provider could take to address the situation
• whether the provider’s action risks damaging public trust in the aged care system
• the type of violation of the Act, and how serious and persistent it has been
• the safety, health and wellbeing of people using the care service.

Before deciding to suspend or revoke a provider’s registration, the Commissioner has to tell the provider why their registration may be suspended or revoked. The Commissioner has to give the provider a chance to give extra information about the situation. The Commissioner can say that a suspension will end when the provider meets a particular condition. The Commissioner and provider can agree to certain conditions to avoid revoking their registration.

Once the Commissioner has made their decision, they have to tell the provider in writing. The Commissioner has to explain the details of their decision and how the provider can apply to have it reviewed.