Guide to Aged Care Law

Monitoring and investigation powers under the Aged Care Act

This section outlines additional powers under the Aged Care Act for monitoring and investigating. These include using force on objects, extended timeframes for securing items, and extra requirements when entering sites with consent.

The Aged Care Act includes some changes to monitoring and investigating powers from the Regulatory Powers Act.

[Chapter 6 – Part 2 – Division 2 and Part 3 – Division 2]

Use of force

Authorised officers who are using their powers under a monitoring or investigation warrant may use force against objects if necessary and reasonable. For example, to open locked doors or cabinets. The authorised officer can only use force if they:

  • believe it will help them find evidence showing non‑compliance with the Aged Care Act

and

  • have tried all other reasonable steps to carry out a warrant for monitoring or investigating without the use of force.

The authorised officer or person helping them can only use force against objects. They can’t use force against a person. 

This extra power supports a regulatory framework that’s focussed on accountability, transparency, and older people’s safety.

Entry with consent

The Aged Care Act has some extra rules and requirements for when an authorised officer enters a site with the occupier’s consent. 

An authorised officer: 

  • must tell or remind the occupier, if they are a provider, about their obligation under the Aged Care Act to cooperate with them before asking for consent to enter their site.
  • can ask anyone at the site to answer questions or to provide documents. This could be aged care workers or other people, such as residents or supporters, who may have important information related to the matter. This goes beyond the powers in the Regulatory Powers Act, under which the authorised officer can only ask the occupier to answer questions or provide documents.

Providers must cooperate with authorised officers using monitoring or investigation powers. If a provider doesn’t do what the officer asks, they may be going against their obligations under the Aged Care Act. A resident or supporter is not required to answer questions if asked by an authorised officer.

Securing items

The Aged Care Act also includes changes to the timeframe for securing electronic equipment and other items under monitoring and investigating powers. The Regulatory Powers Act lets an authorised officer secure electronic equipment or other things for 24 hours in certain circumstances. Securing an item can mean locking it up, placing a guard, or using any other means to protect something from interference. The Aged Care Act increases this time to 48 hours.

Monitoring in practice

Case study: The Commission receives several complaints about high “administration fees” at a residential aged care home. The Commissioner authorises a staff member to carry out monitoring to check if the provider is complying with the Aged Care Act. 

Regulation: The authorised officer visits the home and shows their identity card to the site manager. They remind the manager of the provider’s obligation to cooperate. The officer asks for consent to enter and inspect the office and records room.

Once inside, the officer observes staff activities, reviews invoices and service agreements, and copies relevant documents. They also ask the finance officer and care manager questions about how fees are calculated and charged to residents. The monitoring confirms that most charges are correct. But the authorised officer finds that the retention amount was being calculated incorrectly, and residents were being overcharged. 

Outcome: The provider agrees to an enforceable undertaking with the Commission. The undertaking requires the provider to immediately correct their calculations, refund affected residents within 30 days and implement new billing checks and staff training to ensure the problem does not happen again. The Commission monitors compliance with the undertaking until it is completed.

Date last updated:
Tags: 

Help us improve health.gov.au

If you would like a response please provide an email address. Your email address is covered by our privacy policy.