The Act sets out how the System Governor and the Commission get certain information they need to meet their responsibilities. This includes:
- creating forms
- asking for information or documents.
If a person knowingly gives false or misleading documents or information, they might get a fine or time in prison.
Approved forms
The System Governor, the Commissioner and the Complaints Commissioner have the power to create forms to get information they need from people in the aged care system. These forms are called approved forms.
Approved forms can be tailored to ask for the information the System Governor, the Commissioner or the Complaints Commissioner need to fulfill certain responsibilities or carry out certain tasks. They can also be changed without needing to change the laws. For example, if the department finds that the application form needs to include extra questions, the System Governor can change this.
The department must publish on its website any forms that the System Governor approves.
Verbal communications can also be recorded in an approved form. For example, if an older person calls to apply for aged care services, the customer service officer can fill out the approved form on their behalf.
Asking for more information and documents
The System Governor, the Commissioner or the Complaints Commissioner can ask someone for more information or documents to help them make a decision under the Act. For example, to help them decide about an application, claim or request under the Act.
They can set a reasonable time period for when they need to receive the information or documents – generally this must not be shorter than 28 days. If the decision maker doesn’t receive the information or documents, they can extend the time period. Otherwise, the application, claim or request is taken to be withdrawn.
When a decision does not have to be made
There are situations when the System Governor, the Commissioner or the Complaints Commissioner don’t have to make a decision about an application, claim or request they receive under the Act. This is the case if:
- the person making the application, claim or request didn’t properly use the approved form or pay the required fees
- the decision maker is waiting for documents or information.
Properly using the approved form doesn’t mean the person has to strictly meet all the requirements of the form. Completing most of the form with the important information is generally enough. In that scenario, the System Governor, the Commissioner or the Complaints Commissioner will still need to make their decision. For example, if a person does not tick a box on the approved form but it is clear from the rest of the form that the person meant to tick that box, they still have to process the form.