How the new aged care regulatory model will work

The new regulatory model will change the way that providers enter the system, the way that obligations for providers are defined and the regulatory options available to the Aged Care Quality and Safety Commission (ACQSC).

Features of the new model

As a registered provider, you will need to meet obligations based on the type of services you deliver. These obligations make providers accountable for the safety and quality of care they provide.

The new system of obligations is intended to be proportionate to the environment a provider operates in, the services they deliver and any risks of harm that may be present. 

The Provider Register will publish information on registered providers such as: 

  • registration categories 
  • service types 
  • registration period. 

ACQSC will monitor providers to make sure they meet their obligations.

New ‘universal’ provider registration

The new model will introduce universal provider registration – a single registration for each provider across all aged care programs.

If you currently deliver multiple programs (such as home care and residential aged care), you will only need to register once under the new regulatory model. This includes if you are registered in multiple registration categories. 

This will:  

  • improve transparency of which providers are operating in the sector and how they are working
  • require only one set of consolidated obligations specific to each registered provider  
  • reduce unnecessary administrative burden related to the current accreditation process
  • improve regulatory oversight.

Registration categories

There will be 6 registration categories that group service types based on similar care complexity and risk.

This means registration requirements, the related provider obligations and regulatory oversight will be linked to these registration categories and be proportionate to the service types being offered.

You can register into one or more of the 6 categories relevant to the type of services you provide or the services as required by your current funding agreement.

The 6 proposed registration categories are: 

Provider registration categoryDescriptionService types 
Category 1Home and community services

• Domestic assistance

• Home maintenance and repairs

• Meals

• Transport

Category 2

Assistive technology and home

modifications

• Equipment and products

• Home adjustments

Category 3Advisory and support services

• Hoarding and squalor assistance

• Social support and community engagement

Category 4

Personal care and care support in

the home or community (including

respite)

• Allied health and other therapy

• Personal care

• Nutrition

• Therapeutic services for independent living

• Home or community general respite

• Community cottage respite

• Care management

• Restorative care management

Category 5Nursing and transition care

• Nursing care

• Assistance with transition care

Category 6Residential care (including respite)

• Residential accommodation

• Residential everyday living

• Residential services

• Residential clinical care

These categories may be subject to further change as the new Aged Care Act and the associated Rules are finalised. 

The strengthened Quality Standards will apply to registration categories 4, 5 and 6, based on the services being delivered or specified in a funding arrangement.

Contact us for more information

Registration process

The new registration process will apply to all providers delivering Australian Government-funded aged care, including:

The registration process commences when the new Act starts, when a new entity seeks to provide government-funded aged care services. 

A separate process – called deeming – will ensure current providers are transitioned to be a registered provider automatically when the new Aged Care Act starts. 

ACQSC will oversee the provider registration and renewal process.

You can apply to ACQSC by submitting a registration application form. The form will require:

  • the registration categories your entity is seeking to be registered in
  • the service types you intend to deliver
  • details of all residential care homes where residential care will be provided, including details of
    • each of the entity’s responsible people
    • associated providers 
    • the entity’s commitment, capability and capacity to deliver government-funded aged care services in the intended service types.

ACQSC will assess specific criteria to determine your suitability to deliver aged care services.

You may be required to provide additional information in your application for categories with a higher associated risk.

ACQSC will audit providers seeking to deliver residential aged care and complex home care services, against the strengthened Aged Care Quality Standards. This forms part of the registration process.

The new registration and renewal process will replace:

  • residential aged care home accreditation
  • home care provider quality reviews.

The cost of provider registration will be a decision for the Australian Government. 

We’ll provide more information on this as it becomes available.

For providers of multiple service types 

If you deliver services across multiple categories, you will have a consolidated set of obligations. Obligations will be different for each registration category. 

For providers wishing to expand or vary service types

To register in an additional category, you will need to submit a form to the ACQSC to vary your registration. 

If you operate under a funding agreement, and want to provide services not listed in your current agreement, you will need to coordinate with your account manager.

For sole traders and non-corporations

It is proposed sole traders and partnerships will be able to deliver government-funded aged care services under the new Aged Care Act. 

This opens the market to more organisations and offers more choice to older people.

To register to deliver services you will need to:

  • have an Australian Business Number (ABN)
  • demonstrate the ability to deliver aged care services in your proposed registration category.

For associated providers

Associated provider is a new concept to be introduced in the new Act. Associated provider means an entity that delivers services on behalf of a registered provider, similar to a subcontractor. 

An associated provider may:

  • be a registered provider who provides specific services on behalf of another registered provider 
  • operate solely as a subcontractor and remain unregistered.

Registered providers cannot contract out their legal responsibilities. 

The registered provider will be responsible for ensuring their associated providers comply with relevant obligations, regardless of whether the associated provider delivering those services is registered or not. 

ACQSC remains responsible for managing non-compliance for all registered providers. 

Workers of an associated provider are considered aged care workers, and will need to be screened to make sure they are suitable to work in an aged care setting.  

Associated providers may decide to apply to become a registered provider in their own right and will need to follow the application process managed by ACQSC to become registered under the correct registration category.

For state and territory governments

The registration process for state and territory government providers will be different due to constitutional requirements. 

These providers will be known as government entities under the new Act. 

ACQSC will regulate these providers. 

Contact us for more information

Renewal of provider registration

Registration will be time-limited in the new model. Each provider’s ongoing suitability to deliver aged care services will be reviewed regularly, providing greater assurance services on offer are of high quality. 

The standard registration period for providers will be 3 years. The Aged Care Quality and Safety Commission (ACQSC) may specify a shorter or longer period, depending on certain factors. For example:

  • longer periods may be given for those who consistently meet their obligations and deliver high quality care
  • shorter periods may apply to providers who are new to the sector or have a record of non-compliance.

For existing aged care providers, registration renewal dates will be staggered from when the new Aged Care Act starts.

Before the registration period expires, ACQSC will:

  • invite you to start the registration renewal process
  • advise you of the timeframe to submit a form to renew your registration.

These timeframes will depend on:

  • your registration categories
  • whether an audit against the Quality Standards is required.

This process may start up to 18 months before your registration period ends.

You will need to demonstrate your suitability, capability, viability, and propriety to deliver aged care services at registration and again at renewal. 

The renewal process will be different for different providers depending on the services provided and their compliance record.

When the ACQSC has finished assessing your application, they will send you a new Notice of Decision and update the registration details in the Provider Register. 

The ACQSC may request further information during its consideration and will invite you to comment if it is considering an adverse decision.

Registration of existing providers – deeming process

We’re working to prepare all current government-funded providers to transition to the new system as registered providers, in preparation for the new Aged Care Act.

We want to make the transition simple so you can continue to focus on looking after older people. 

We will ‘deem’ or move you to registration categories based on the services you deliver or the services as required by your current funding agreement.

Find out more about the deeming process

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