Civil penalties are another regulation tool under the Regulatory Powers Act. Civil penalties are fines that a person or organisation who is not following the law may need to pay.
Civil penalties are used to regulate the aged care system through ‘civil penalty provisions’ in the Aged Care Act. These are the rules and requirements in the Aged Care Act that have a related fine.
An authorised applicant has to apply to a relevant court to order a person to pay a fine. The authorised applicant is either the Commissioner or the System Governor, depending on who is responsible for overseeing the specific civil penalty provision.