Guide to Aged Care Law

Registering as a provider

Find out about the process and requirements to deliver aged care services as a registered provider.

A person or organisation that wants to deliver funded aged care services must apply to the Commission to become a registered provider. The registration framework helps make sure providers deliver services in a way that supports the rights of older people.

[Chapter 3 – Part 2]

The registration process is simpler under the Act. Providers have a single registration that covers each type of service they plan to deliver across all aged care programs. The Act also allows more types of organisations to become registered providers. This supports making a range of different providers available to older people.

Categories for providers

There are 6 registration categories, based on different types of services: 

  1. Home and community services
  2. Assistive technology and home modifications
  3. Advisory and support services
  4. Personal and care support in the home or community (including respite)
  5. Nursing and transition care
  6. Residential care (including respite).

A provider can only deliver funded aged care services in the categories they are registered in. A provider’s registration can cover more than one category if they deliver different types of services.

Applying for registration 

The application must contain information including: 

  • what kind of services the provider will deliver
  • how the provider will deliver the services
  • the structure of the organisation
  • the responsible persons – these are people in leadership with responsibility for managing the organisation. 

There may be other requirements depending on the category they are applying for.

If the organisation is applying to be registered in the residential care category, they need to include information about each residential care home. The provider will need at least one residential care home to be registered in this category. They may apply for approval of a residential care home as part of the registration process.

Getting registered 

The Aged Care Quality and Safety Commissioner (the Commissioner) is responsible for considering applications and deciding whether to register providers. 

The Commissioner considers if the person or organisation is suitable to deliver funded aged care services. This includes whether they have the capacity, capability and commitment to deliver care services, with respect to the conditions and obligations of those services. If the person or organisation is suitable, the Commissioner registers the provider – usually for a period of 3 years.

Auditing

For some registration categories, the Commission may have to audit the organisation against the Aged Care Quality Standards. An audit may be required for initial registration, renewal or changes in registration for:

  • personal care and care support in the home or community
  • nursing and transition care
  • residential care.

Renewing registration

[Chapter 3 – Part 2 – Division 3]

The standard registration period is up to 3 years. The Commissioner will invite the provider to renew before the end of their registration period. Regular renewal helps make sure the Commission can effectively review and monitor providers. 

The Commissioner will give the provider details about the renewal process. The process is like registering for the first time, but providers might not need to give as much information. For example, details the Commissioner already has on record.

Approved residential care homes

[Chapter 3 – Part 2 – Division 2]

A registered provider must get a separate approval for each residential care home they run. To apply, the provider has to give the Commissioner information about:

  • the safety and quality of the residential care home
  • the certificate of occupancy or similar – showing that the home is safe for people to live in
  • the number of beds available
  • the name of the responsible person in charge.

The Commissioner is responsible for approving the application. Approval for a home is ongoing as long as it’s run by a registered provider. However, the Commissioner does have the power to revoke – cancel – an approval in some situations. 

Changing or revoking an approval

[Chapter 3 – Part 3 – Division 2]

The Act sets out the process and requirements for changing or revoking approval for a residential aged care home. 

If the Commissioner is considering changing or revoking approval, they have to let the provider know in writing, including the reasons why. The Commissioner has to think about how their decision to revoke an approval will affect the ongoing care for the older people in the home.

If the Commissioner decides to change or revoke approval for a residential care home, they have to tell the provider in writing.

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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