Guide to Aged Care Law

Specific obligations for some providers

Some conditions or obligations only apply to certain providers, depending on the services they deliver, where they deliver them and some specific risks.

The Act and the Rules also set conditions or obligations that only apply to some providers. This means the obligations are right for the provider based on: 

  • the setting they work in, whether in the home or community, or residential aged care
  • the kind of services they deliver
  • specific risks depending on the service, such as the risk of incidents that could harm an older person.

Examples of what can affect a provider’s specific obligations include:

  • if they have been registered before
  • their registration category or the type of service they deliver
  • whether they are a government or non-government organisation.

The specific obligations set extra requirements about:

  • following financial and prudential standards and practices
  • meeting the Aged Care Quality Standards
  • supporting the delivery of continuously improving care
  • managing incidents
  • how the organisation is governed and monitored
  • using restrictive practices
  • managing the workforce, including worker screening and requirements for registered nurses in residential care homes
  • managing information, reporting and record keeping.

The Commission has a detailed guide for providers to understand all the obligations that apply to them.

Disclaimer 

This publication is not legal advice and must not be used or relied upon as a substitute for legal advice. Users must seek their own independent legal advice in relation to their particular circumstances.

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