Obligations that apply to all providers

Rights-based and person-centred care

The Act creates a new framework for aged care. It puts the rights of the older person at the centre of the aged care system. There are conditions of registration to support this framework, which providers must meet:

• Statement of Rights: Providers must show they understand the rights of older people under the Statement of Rights. They must have practices in place to make sure they act in line with the Statement of Rights when delivering services.
• Code of Conduct for Aged Care: Providers must follow the Code. They must also take reasonable steps to make sure their workers and responsible persons follow the Code.
• Aged Care Quality Standards: Providers must meet the relevant Quality Standards, depending on their registration category.

Funded aged care services

Providers must meet relevant conditions under the Act and the Rules to support the delivery of services in the aged care system:

• Continuous improvement: Providers must show they commit to keep improving towards the delivery of high quality care.
• Service agreements and plans: Every person receiving care must have a service agreement and a care and services plan. Providers must deliver services in a way that meets the agreement.
• Service continuity: Providers must manage their services in a way that makes sure older people continue receiving care, even if the provider’s circumstances change.

The aged care workforce

The Act and Rules have general and specific conditions to support a strong and skilled workforce. Many of the workforce conditions depend on the type of services and registration category. However, there are still requirements for all providers:

• Responsible persons: Providers must make sure that responsible persons have a police check or other documents clearing them to have this position. Providers must also review their responsible persons at least once every 12 months according to the suitability requirements in the Act.
• Skilled workforce: Providers must make sure aged care workers have the right training, skills or experience for their work. They must also give their workers opportunities to build their skills.

Information and access

The new Act and Rules define several specific conditions about record keeping, information and access. Chapter 3 of the Act sets out conditions of registration that providers must meet about information and access.

• Access to personal information: Providers must let and help older people access their personal information. They must also help and provide registered supporters access to the older person’s information, in line with the older person’s will and preferences.
• Record keeping: Providers must keep records about:
  • the services they delivered and the people they delivered them to
  • complaints and feedback, including how they manage and resolve these
  • responsible persons and aged care workers, and any claims of misconduct
  • reports to the department and how they meet their reporting requirements.
• Direct access to an older person: Providers must let and help registered supporters, legal representatives, and advocates meet or communicate with older people in aged care.

In addition to these conditions of registration, Chapter 7 explains the rules for how providers can use and share information under the Act. In general, they must only use the information:

• for purposes related to delivering services to the older person
• to meet their obligations under the Act
• for the purposes the older person gave it for
• with the older person’s consent. 

Complaints, feedback and whistleblowing

The Act does more to protect older people, supporters and workers who raise concerns about providers. This includes that providers are required to set up systems to handle complaints.

• Complaints and feedback: Providers must have a system to manage complaints and feedback. They also must not punish or treat anyone unfairly for making a complaint or giving feedback.
• Whistleblowing: Providers must have a whistleblower system and a whistleblower policy. Chapter 7 includes more information on the strengthened protections for whistleblowers. Providers must manage:
  • disclosures that qualify for whistleblower protections
  • complaints and feedback that qualify for whistleblower protections.

The process to manage complaints and feedback and whistleblowing can be integrated, as long as the system meets all the requirements under the Act.

Reporting and accountability

All providers have a range of obligations to support stronger and more transparent working relationships in the funded aged care system.

• Reporting: Providers must report any required information to the Commissioner, the Complaints Commissioner, the Inspector-General of Aged Care or the department. This may be information about:
  • complaints
  • reportable incidents
  • workforce and governance – how the organisation is managed
  • how the provider is delivering services
  • where the provider is delivering services
  • the groups of older people the provider is delivering services to
  • financial or prudential issues, such as how the provider manages refundable deposits.
• Changes in circumstances: Providers must let the Commissioner and the department know about any changes in their situation that are relevant to their registration. For example, anything that affects whether they are suitable to deliver care, changes to the suitability of responsible persons or financial changes.
• Cooperation: Providers must cooperate with anyone carrying out their work or exercising powers under the Act and Regulatory Powers (Standard Provisions) Act 2014. For example, they must cooperate with authorised people who monitor and investigate providers.

Fees, payments, contributions and subsidies

The financial obligations are key to supporting transparency and a sustainable funded aged care system.

• Funding agreements: Providers must follow the terms of their funding agreement, if they have one. They must only use the funds they receive to provide aged care services.
• Payable claims: Providers must give the department all claims for payable subsidies in relation to the services the provider has delivered.
• Charging for services: Providers must only charge for services they have provided to the older person, unless the Rules allow for other charges in certain situations. They must meet the relevant charging requirements set out in the Rules.