Skip to main
Help and resources
Register
for My Account
Sign in
to My Account
Search
Australian Government
Federal Register of Legislation
Site navigation
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Home
Acts
In force
Text
Details
Authorises
Downloads
All versions
Interactions
Aged Care Act 2024
In force
Administered by
Department of Health, Disability and Ageing
Latest version
Order print copy
Save this title to My Account
Set up an alert
C2024A00104
02 December 2024
Legislation text
View document
Select value
Act
Filter active
Table of contents
Enter text to search the table of contents
Collapse
Chapter 1—Introduction
Part 1—Preliminary
1 Short title
2 Commencement
3 Act binds the Crown
4 Extension to external Territories
5 Objects of this Act
6 Simplified outline of this Act
Part 2—Definitions and key concepts
Division 1—Definitions
7 Definitions
Division 2—Key concepts
8 Aged care service list
9 Funded aged care services and who they are delivered to
10 Where funded aged care services are delivered
11 Who delivers funded aged care services
12 Meaning of responsible person
13 Meaning of suitability matters in relation to an individual
14 Aged Care Code of Conduct
15 Aged Care Quality Standards
16 Meaning of reportable incident
17 Restrictive practice in relation to an individual
18 Restrictive practice requirements
19 Meaning of significant failure and systematic pattern of conduct
20 Meaning of high quality care
21 Meaning of protected information
22 Meaning of dependent child
Part 3—Aged care rights and principles
Division 1—Aged care rights
23 Statement of Rights
24 Effect of Statement of Rights
Division 2—Aged care principles
25 Statement of Principles
26 Effect of Statement of Principles
Part 4—Supporters
Division 1—Actions and duties of supporters
27 Actions of supporters
28 Role of guardians etc
29 Giving information and documents to supporters
30 Duties of supporters
31 Duty to inform of matters affecting ability or capacity to act as supporter
32 When there is no breach of duty
33 Concurrent operation of State and Territory laws
Division 2—Protections relating to supporters
34 Protection of individual against liability for actions of supporter
35 Protection of supporter against liability
36 Offence for abuse of position as supporter
Division 3—Registration of supporters
37 Registration of supporters
38 Notice of decision not to register a person as a supporter
39 Notification of registration of supporter in circumstances where individual has not consented to registration
40 Content of notice of registration
41 Effect of registration as a supporter
42 Period of effect of registration
Division 5—Suspensions and cancellations of registration
49 Suspension of registration
50 Notice and decisions following suspension of registration
51 Cancellation of registration following suspension, or revoking suspension
52 Cancellation of registration of supporter on request by supporter
53 Cancellation of registration of supporter on request by individual
54 Notification of cancellation of registration
Collapse
Chapter 2—Entry to the Commonwealth aged care system
Collapse
Part 1—Introduction
55 Simplified outline of this Chapter
Collapse
Part 2—Eligibility for entry
Collapse
Division 1—Applying for access to funded aged care services
56 Requirements for applications
57 System Governor must decide whether to make determination
58 Eligibility determination for an aged care needs assessment
59 Notice of decision not to make a determination
60 Period of effect of determination
Collapse
Division 2—Aged care needs assessments and reassessments
61 Aged care needs assessments
62 Undertaking aged care needs assessments
63 Aged care needs assessment reports
64 Aged care needs reassessments
Collapse
Division 3—Approval of access to funded aged care services
65 Approval of access for funded aged care services
66 Aboriginal or Torres Strait Islander persons
67 Individuals with an impairment or sickness
68 Individuals with a sickness
69 Conditions on approvals of service types or services in certain service groups
70 Notice of decision
71 Period of effect of approval
Collapse
Division 4—Revoking eligibility determinations and access approvals
72 Request for revocation
73 Revocation on request
74 Revocation on initiative of System Governor
Collapse
Part 3—Classification
Collapse
Division 1—Classification assessments and decisions
75 Classification assessments
76 Undertaking classification assessments
77 Classification assessment reports
78 Classification decisions
79 Notice of decision
80 Period of effect of classification level
81 Classification levels and procedures
Collapse
Division 2—Applying for a classification reassessment
82 Requirements for applications for classification reassessments
Collapse
Division 3—Changing classifications
83 Changing classifications
Collapse
Part 4—Prioritisation
84 Prioritisation assessment
85 Prioritisation report
86 Priority category decisions
87 Priority categories and urgency ratings
88 Notice of decision
89 Period of effect of decision
90 Changing priority category for service group
Collapse
Part 5—Place allocation
Collapse
Division 1—Allocation of places to individuals
91 Number of places available for allocation
92 Allocation of places to individuals
93 Method or procedure for allocations
Collapse
Division 2—Allocation of a place to registered providers for certain specialist aged care programs
94 Number of places available for allocation
95 System Governor may decide to allocate a place
96 Notice of decision to allocate a place
97 When a place is in effect
98 Transfer of places
99 Conditions that apply to an allocated place
100 Application to vary a condition relating to an allocated place
101 System Governor must decide whether to vary a condition
102 Notice of decision on whether to vary a condition
Collapse
Chapter 3—Registered providers, aged care workers and aged care digital platform operators
Collapse
Part 1—Introduction
103 Simplified outline of this Chapter
Collapse
Part 2—Provider registration and residential care home approval process
Collapse
Division 1—Applications for registration and registration decisions
Collapse
Subdivision A—Applications for registration
104 Registration of providers
105 Commissioner must decide whether to register the entity
Subdivision B—Applications for renewal
106 Invitation to renew registration
107 Renewal of registration
108 Commissioner must decide whether to renew the registration
Subdivision C—Registration and renewal requirements
109 Registration and renewal requirements
110 Audit requirements
Division 2—Applications for approval of residential care homes
Collapse
Subdivision A—Applications for approval
111 Approval of residential care homes
112 Commissioner must decide whether to approve the home
Collapse
Subdivision B—Approval requirements
113 Approval requirements
Division 3—Notice of decisions and other provisions
Collapse
Subdivision A—Registration and renewal decisions
114 Notice of decision to register or renew
115 Registration period
116 Extension of registration period—pending applications
117 Deemed registration
Collapse
Subdivision B—Residential care home approval decisions
118 Notice of decision to approve residential care home
119 Approval period
120 Deemed approval
Collapse
Subdivision C—Refusal decisions
121 Notice of possible refusal
122 Notice of refusal decisions
Part 3—Variations, suspensions and revocations
Collapse
Division 1—Variations, suspensions and revocations of registrations
123 Variation of registration on Commissioner’s own initiative
124 Variation of registration on application by registered provider
125 Notice of possible variation of registration on Commissioner’s own initiative
126 Notice of possible refusal to vary registration on application by registered provider
127 Notice of decision to vary
128 Notice of decision not to vary
129 Suspension of registration
130 Effect of registration while suspended
131 Revocation of registration
132 Notice of possible suspension or revocation on Commissioner’s own initiative
133 Registered provider may be required to agree to certain matters if revocation is being considered
134 Notice of Commissioner initiated suspension or revocation
135 Notice of suspension or revocation on request by registered provider
Collapse
Division 2—Variations, suspensions and revocations of approvals of residential care homes
136 Variation of approval on Commissioner’s own initiative
137 Variation of approval on application by registered provider
138 Revocation of approval
139 Notice of possible variation or revocation of approval on Commissioner’s own initiative
140 Notice of variation or revocation of approval
Collapse
Division 3—Provider Register
141 Provider Register
Part 4—Obligations of registered providers etc. and conditions on registration of registered providers
Collapse
Division 1—Conditions on provider registration
Collapse
Subdivision A—Compliance with conditions
142 Conditions of registration
143 Conditions imposed by the Commissioner
Collapse
Subdivision B—Conditions relating to Rights, Principles and Code of Conduct
144 Rights and principles
145 Aged Care Code of Conduct
Collapse
Subdivision C—Conditions relating to delivery of funded aged care services
146 Compliance with Aged Care Quality Standards
147 Continuous improvement
148 Delivery of funded aged care services
149 Starting and ceasing the provision of funded aged care services and continuity of those services
Collapse
Subdivision D—Conditions relating to financial matters
150 Compliance with Financial and Prudential Standards
151 Fees, payments, contributions and subsidies
Collapse
Subdivision E—Conditions relating to aged care workers
152 Workforce and aged care worker requirements
153 Vaccination
Collapse
Subdivision F—Conditions relating to information and access
154 Personal information and record keeping
155 Provision of information to individuals
156 Access by supporters and independent aged care advocates etc.
Collapse
Subdivision G—Conditions relating to governance
157 Membership of governing bodies
158 Advisory body requirements
159 Determination that certain conditions relating to the governing body of a registered provider do not apply
160 Variation or revocation of determination on the Commissioner’s own initiative
161 Constitution of registered providers that are wholly owned subsidiary corporations
Collapse
Subdivision H—Conditions relating to restrictive practices
162 Restrictive practices
163 Immunity from civil or criminal liability in relation to the use of a restrictive practice in certain circumstances
Collapse
Subdivision I—Conditions relating to management of incidents and complaints
164 Incident management
165 Complaints, feedback and whistleblowers
Collapse
Division 2—Registered provider, responsible person and aged care worker obligations
Collapse
Subdivision A—Obligations relating to reporting, notifications and information
166 Reporting
167 Change in circumstances
168 Protection of personal information
Collapse
Subdivision B—Obligations relating to suitability of responsible persons
169 Responsible persons of a registered provider must notify of change of circumstances relating to suitability
170 Determination relating to suitability of responsible persons of a registered provider
171 Offence relating to failure to take action as required by determination
172 Offence relating to failure to comply with responsibility to consider suitability matters relating to responsible persons
Collapse
Subdivision C—Obligations relating to aged care workers etc.
173 Aged care workers of registered providers must comply with Aged Care Code of Conduct
174 Responsible persons of registered providers must comply with Aged Care Code of Conduct
175 Registered nurses
176 Delivery of direct care
Collapse
Subdivision D—Other obligations
177 Cooperation with other persons
178 Offences relating to non permitted use of refundable deposits
Part 5—Statutory duty and compensation
Collapse
Division 1—Provider and responsible person duties
179 Registered provider duty
180 Duty for certain responsible persons
Collapse
Division 2—Other provisions that apply to duties
181 Duties not transferrable
182 Entity may have more than 1 duty
183 More than 1 entity can have a duty
184 Other duties not affected
185 Concurrent operation of State and Territory laws
Collapse
Division 3—Compensation pathway
186 Compensation orders
186A Protection of compensation
Part 6—Aged care digital platform operators
187 Meaning of aged care digital platform
188 Duty of operators of aged care digital platforms
189 Other obligations of certain operators of aged care digital platforms
Collapse
Chapter 4—Funding of aged care services
Collapse
Part 1—Introduction
190 Simplified outline of this Chapter
Collapse
Part 2—Commonwealth contributions
Collapse
Division 1—Subsidy for home support
Collapse
Subdivision A—Person centred subsidy
191 Eligibility for person centred subsidy
192 Amount of person centred subsidy
193 Available ongoing home support account balance
194 Base individual amount
195 Available short term home support account balance
196 Primary person centred supplements
197 Secondary person centred supplements
Collapse
Subdivision B—Reduction amounts for person centred subsidy
198 Reduction amounts
199 The compensation payment reduction for person centred subsidy
200 The individual contribution reduction
Collapse
Subdivision C—Provider based subsidy
201 Eligibility for provider based subsidy
202 Amount of provider based subsidy
203 Available service delivery branch account balance
204 Base provider amount
205 Provider based supplements
Collapse
Subdivision D—Reduction amounts for provider based subsidy
206 Reduction amounts
207 The compensation payment reduction for provider based subsidy
208 The individual contribution reduction
Collapse
Division 2—Subsidy for assistive technology
Collapse
Subdivision A—Person centred subsidy
209 Eligibility for person centred subsidy
210 Amount of person centred subsidy
211 Available assistive technology account balance
212 Tier amount for individual
213 Primary person centred supplements
214 Secondary person centred supplements
Collapse
Subdivision B—Reduction amounts for person centred subsidy
215 Reduction amounts
216 The compensation payment reduction for person centred subsidy
217 The individual contribution reduction
Collapse
Division 3—Subsidy for home modifications
Collapse
Subdivision A—Person centred subsidy
218 Eligibility for person centred subsidy
219 Amount of person centred subsidy
220 Available home modifications account balance
221 Tier amount for individual
222 Primary person centred supplements
223 Secondary person centred supplements
Collapse
Subdivision B—Reduction amounts for person centred subsidy
224 Reduction amounts
225 The compensation payment reduction for person centred subsidy
226 The individual contribution reduction
Collapse
Division 3A—Unspent Commonwealth portions and home care accounts
226A Unspent Commonwealth portion
226B Return of unspent Commonwealth portion—provider election
226C Return of unspent Commonwealth portion—individual transfers between provider service delivery branches
226D Return of unspent Commonwealth portion—provider ceases to deliver services
226E Home care account balance
Collapse
Division 4—Subsidy for residential care
Collapse
Subdivision A—Person centred subsidy
227 Eligibility for person centred subsidy
228 Amount of person centred subsidy
229 Base rates
230 Primary person centred supplements
231 Secondary person centred supplements
Collapse
Subdivision B—Reduction amounts for person centred subsidy for ongoing residential care
232 Reduction amounts
233 The compensation payment reduction for person centred subsidy
234 System Governor’s powers if compensation information is not given
235 The person centred subsidy reduction
Collapse
Subdivision C—Provider based subsidy
236 Eligibility for provider based subsidy
237 Amount of provider based subsidy
238 Base provider amount
239 Provider based supplements
Collapse
Subdivision D—Reduction amounts for provider based subsidy for ongoing residential care
240 Reduction amounts
241 The compensation payment reduction for provider based subsidy
242 Provider based reduction amount
Collapse
Subdivision E—Approved residential care homes with specialised status
243 Approved residential care homes with specialised status
Collapse
Subdivision F—Leave from approved residential care homes for ongoing residential care
244 When an individual is on leave
245 Determining situations of emergency to enable additional leave
246 Working out periods of leave
Collapse
Division 5—Subsidy for certain specialist aged care programs
247 Power to enter into agreements for delivery of funded aged care services under specialist aged care programs
248 Eligibility for subsidy
249 Amount of subsidy
Collapse
Division 6—Subsidy claims and payment
Collapse
Subdivision A—Claims and payment for home support, assistive technology and home modifications
250 Payment of subsidy
251 Claims for subsidy
252 Notice of refusal
253 Variations of claims
Collapse
Subdivision B—Claims and payment for residential care
254 Payment of subsidy
255 Meaning of payment period
256 Timing of payments
257 Claims for subsidy
258 Notice of refusal
259 Variations of claims
Collapse
Subdivision C—Claims and payment for specialist aged care programs
260 Claims and payment of subsidy
Collapse
Subdivision D—Miscellaneous provisions
261 Deduction for fees
262 Multiple claims
263 Transfers of service delivery branches and approved residential care homes
Collapse
Division 7—Grants
264 Power to enter into arrangements for delivery of funded aged care services
265 Power to enter into other arrangements
266 Terms and conditions relating to grants
267 Statutory funding conditions
268 Grantee Code of Conduct
269 System Governor has powers etc. of the Commonwealth
270 Constitutional limits
271 Executive power of the Commonwealth
Collapse
Part 3—Individual fees and contributions
Collapse
Division 1—Fees and contributions payable in a home or community setting
272 Division not to apply to specialist aged care programs
273 Contributions for delivery of funded aged care services in a home or community setting
273A Unspent care recipient portion
274 Compensation payment fee
Collapse
Division 2—Fees and contributions payable in an approved residential care home
275 Division not to apply to specialist aged care programs
276 Contributions for delivery of funded aged care services—ongoing residential care
277 Maximum daily amount of resident contribution
278 Hotelling contribution
279 Non clinical care contribution
280 Hotelling contribution and non clinical care contribution taken to be zero in some circumstances
281 Fees for pre entry period—ongoing residential care
282 Fees for reserving a bed—ongoing residential care
283 Fees for delivery of funded aged care services—short term residential care
284 Fees for higher everyday living
285 Other matters
Collapse
Division 3—Fees and contributions for specialist aged care programs
286 Fees and contributions payable for delivery of funded aged care services under a specialist aged care program
Collapse
Part 4—Accommodation payments and accommodation contributions
Collapse
Division 1—Application of this Part
287 Application of this Part
288 Rules may deal with application to specialist aged care programs
Collapse
Division 2—Maximum accommodation payment amounts and publication of certain amounts by the System Governor
289 Maximum accommodation payment amount
290 Pricing Authority may approve higher maximum accommodation payment amount
291 Registered provider must notify System Governor of accommodation payment amounts for purposes of publication
Collapse
Division 3—Accommodation agreements
292 Information to be given before provider enters into an accommodation agreement with an individual
293 Registered provider must enter accommodation agreement before delivering ongoing funded aged care services to an individual
294 Accommodation agreements
295 Effect of accommodation agreements
Collapse
Division 4—Charging of accommodation payments
296 Charging of accommodation payments
297 Accommodation payments must not be greater than agreed accommodation payment amounts
Collapse
Division 5—Charging of accommodation contributions
298 Charging accommodation contributions
Collapse
Division 6—Charging of daily payments
299 Payment in advance
300 When daily payments do not accrue
301 Charging interest
302 Rules about daily payments
Collapse
Division 7—Refundable deposits
303 When refundable deposits can be paid
304 Rules relating to payment of refundable deposits
305 Individual must be left with minimum assets
306 Registered provider may retain income derived
307 Amounts to be deducted from refundable deposit balances—general
308 Amounts that must be deducted from refundable deposit balances—retention amounts
309 Rules about deductions
310 Refundable deposits to be used only for permitted purposes
311 Refund of refundable deposit balances
312 Transfer of refundable deposit balance to another registered provider
313 Payment of interest—refund of refundable deposit balances
Collapse
Part 5—Means testing
Collapse
Division 1—Means testing in a home or community setting
314 Determination of individual contribution rate
314A Means not disclosed status
314B Electing to have means not disclosed status
315 Requirement to notify event or change in circumstances
316 Varying or revoking an individual contribution rate determination
317 Varying or revoking individual contribution rate determination following certain social security decisions
318 Varying or revoking individual contribution rate determination following event or change in circumstances
Collapse
Division 2—Means testing in approved residential care home
Collapse
Subdivision A—Daily means tested amounts
319 Working out the daily means tested amount
320 Means not disclosed status
321 Electing to have means not disclosed status
Collapse
Subdivision B—An individual’s total assessable income
322 Determination of individual’s total assessable income
323 Working out an individual’s total assessable income
324 Varying or revoking an income determination
325 Varying or revoking income determination on notification of event or change in circumstances
326 Varying or revoking income determination on application
327 Varying or revoking income determination on System Governor’s initiative
328 Notice of decision
Collapse
Subdivision C—The value of an individual’s assets
329 Determination of value of individual’s assets
330 Working out the value of an individual’s assets
331 Varying or revoking an asset determination
332 Varying or revoking asset determination on notification of event or change in circumstances
333 Varying or revoking asset determination on application
334 Varying or revoking asset determination on System Governor’s initiative
335 Notice of decision
Collapse
Subdivision D—Notifying of event or change in circumstances
336 Requirement to notify event or change in circumstances
337 Notification by the registered provider
Collapse
Part 6—Miscellaneous
337A Compensation for acquisition of property
Collapse
Chapter 5—Governance of the aged care system
Collapse
Part 1—Introduction
338 Simplified outline of this Chapter
Collapse
Part 2—System Governor
339 Functions of the System Governor
340 Executive power of the Commonwealth
341 Register of coroner’s reports
342 Reporting relating to recommendations in coroner’s reports
342A Quarterly reporting on waiting periods for certain funded aged care services
343 System Governor may request information or documents from persons or bodies
Collapse
Part 3—Aged Care Quality and Safety Commission
Collapse
Division 1—Establishment and functions of the Aged Care Quality and Safety Commission
344 Aged Care Quality and Safety Commission
345 Constitution of the Commission
346 Functions of the Commission
Collapse
Division 2—Establishment and functions of the Commissioner
347 Commissioner
348 Functions of the Commissioner
349 Safeguarding functions
350 Engagement and education functions
351 Registration of providers functions
352 Commissioner may request information or documents from persons
353 Deputy Commissioners
354 Appointment of Chief Clinical Advisor
355 Minister may give directions
Collapse
Division 3—Establishment and functions of the Complaints Commissioner
356 Complaints Commissioner
357 Functions of the Complaints Commissioner
358 Complaints functions
359 Complaints Commissioner may request information or documents from persons
360 Minister may give directions
361 Dealing with complaints
Collapse
Division 4—Administration
362 Acting appointments
363 Remuneration and allowances
364 Leave of absence
365 Other paid work
366 Other terms and conditions
367 Resignation
368 Termination of appointment
Collapse
Division 5—Staff of the Commission
369 Staff
370 Persons assisting the Commission
371 Consultants
Collapse
Division 6—Reporting and planning
372 Annual report
373 Minister may request report on matters relating to Commissioner’s functions
374 Minister may request report on matters relating to Complaints Commissioner’s functions
375 Consulting on corporate plans
Collapse
Division 7—Financial and Prudential Standards
376 Commissioner may make Financial and Prudential Standards
377 Having regard to principles, and consultation, in making standards
378 Effect of Financial and Prudential Standards
Collapse
Division 8—Worker screening
Collapse
Subdivision A—Aged care worker screening database
379 Aged care worker screening database
Collapse
Subdivision B—NDIS screening decisions
380 NDIS clearance decision taken to be aged care clearance decision
381 NDIS exclusion decision taken to be aged care exclusion decision
Collapse
Part 4—Aged Care Quality and Safety Advisory Council
Collapse
Division 1—Establishment and functions of the Advisory Council
382 Establishment of the Aged Care Quality and Safety Advisory Council
383 Functions of the Advisory Council
384 Minister may give directions about the Advisory Council’s functions
Collapse
Division 2—Membership of Advisory Council
385 Membership of the Advisory Council
386 Appointment of Advisory Council members
387 Acting appointments
388 Remuneration and allowances
389 Leave of absence
390 Disclosure of interests to the Minister
391 Disclosure of interests to the Advisory Council
392 Resignation
393 Termination of appointment
394 Other terms and conditions
Collapse
Division 3—Procedures of the Advisory Council
395 Procedures of the Advisory Council
Collapse
Chapter 6—Regulatory mechanisms
Collapse
Part 1—Introduction
396 Simplified outline of this Chapter
Collapse
Part 2—Monitoring under Part 2 of the Regulatory Powers Act
Collapse
Division 1—Triggering Part 2 of the Regulatory Powers Act
397 Provisions, information subject to monitoring
398 Related provisions, issuing officer and relevant court
399 Authorised applicant, authorised person and relevant chief executive—Commissioner or Complaints Commissioner functions
400 Authorised applicant, authorised person and relevant chief executive—System Governor functions
401 Persons assisting authorised persons
Collapse
Division 2—Modifications of Part 2 of the Regulatory Powers Act
402 Application of this Division
403 Use of force in executing monitoring warrants
404 Extension of Part 2 of the Regulatory Powers Act to external Territories
406 Entry with consent—action before obtaining consent
407 Times for securing electronic equipment etc.
408 Entry with consent—asking for answers to questions or production of documents
409 Exception to requirement to return identity card if authorised person continues to exercise other powers
Collapse
Division 3—Delegations by relevant chief executives
410 Delegation by relevant chief executive—Commission or Complaints Commissioner functions
411 Delegation by relevant chief executive—System Governor functions
Collapse
Part 3—Investigating under Part 3 of the Regulatory Powers Act
Collapse
Division 1—Triggering Part 3 of the Regulatory Powers Act
412 Provisions subject to investigation
413 Related provisions, issuing officer and relevant court
414 Authorised applicant, authorised person and relevant chief executive—Commissioner or Complaints Commissioner functions
415 Authorised applicant, authorised person and relevant chief executive—System Governor functions
416 Persons assisting authorised persons
Collapse
Division 2—Modifications of Part 3 of the Regulatory Powers Act
417 Application of this Division
418 Use of force in executing investigation warrants
419 Extension of Part 3 of the Regulatory Powers Act to external Territories
420 Additional investigation powers
421 Entry with consent—action before obtaining consent
422 Times for securing electronic equipment etc.
423 Entry with consent—asking for answers to questions or production of documents
424 Exception to requirement to return identity card if authorised person continues to exercise other powers
Collapse
Division 3—Delegations by relevant chief executives
425 Delegation by relevant chief executive—Commissioner or Complaints Commissioner functions
426 Delegation by relevant chief executive—System Governor functions
Collapse
Part 4—Access to premises where risk to safety etc. of individual
Collapse
Division 1—Entry without warrant or consent
427 Entry without warrant or consent
428 Use of force in entering premises
429 Persons assisting
430 Responsibility to provide facilities and assistance etc.
Collapse
Division 2—Post entry warrants
431 Post entry warrants
432 Assessment officers
433 Consent of Judges
434 Nominated ART members
Collapse
Part 5—Additional investigation powers and compensation
435 Purpose of this Part
436 Use of equipment to examine or process things
437 Use of electronic equipment at other place
438 Person with knowledge of a computer or a computer system to assist access etc.
439 Compensation for damage to electronic equipment
Collapse
Part 6—Civil penalties under Part 4 of the Regulatory Powers Act
Collapse
Division 1—Triggering Part 4 of the Regulatory Powers Act
440 Enforceable civil penalty provisions
441 Authorised applicant—Commissioner and Complaints Commissioner functions
442 Authorised applicant—System Governor functions
443 Relevant court
Collapse
Division 2—Modifications of Part 4 of the Regulatory Powers Act
444 Crown not liable to pecuniary penalty
445 Extension of Part 4 of the Regulatory Powers Act to external Territories
445A Amount of penalty for serious failures to comply with registered provider duty
Collapse
Division 3—Delegations by authorised applicants
446 Delegation by authorised applicant—Commissioner functions
447 Delegation by authorised applicant—System Governor functions
Collapse
Part 7—Infringement notices under Part 5 of the Regulatory Powers Act
Collapse
Division 1—Triggering Part 5 of the Regulatory Powers Act
448 Provisions subject to an infringement notice
449 Infringement officer and relevant chief executive—Commissioner functions
450 Infringement officer and relevant chief executive—System Governor functions
Collapse
Division 2—Modifications of Part 5 of the Regulatory Powers Act
451 Crown not liable to be given infringement notice
452 Extension to external Territories
453 Single infringement notice may deal with more than one contravention
Collapse
Division 3—Delegations by infringement officers and relevant chief executives
454 Delegation by infringement officer—Commissioner functions
455 Delegation by relevant chief executive—Commissioner functions
456 Delegation by infringement officer—System Governor functions
457 Delegation by relevant chief executive—System Governor functions
Collapse
Part 8—Enforceable undertakings under Part 6 of the Regulatory Powers Act
Collapse
Division 1—Triggering Part 6 of the Regulatory Powers Act
458 Enforceable provisions
459 Authorised person—Commissioner functions
460 Authorised person—System Governor functions
461 Relevant court
Collapse
Division 2—Modifications of Part 6 of the Regulatory Powers Act
462 Extension to external Territories
463 Other undertakings
Collapse
Division 3—Delegations by authorised persons
464 Delegation by authorised person—Commissioner functions
465 Delegation by authorised person—System Governor functions
Collapse
Part 9—Injunctions under Part 7 of the Regulatory Powers Act
Collapse
Division 1—Triggering Part 7 of the Regulatory Powers Act
466 Enforceable provisions
467 Authorised person—Commissioner functions
468 Authorised person—System Governor functions
469 Relevant court
Collapse
Division 2—Modifications of Part 7 of the Regulatory Powers Act
470 Consent injunctions
471 Extension to external Territories
Collapse
Division 3—Delegations by authorised persons
472 Delegation by authorised person—Commissioner functions
473 Delegation by authorised person—System Governor functions
Collapse
Part 10—Notices requiring action
Collapse
Division 1—Required action notices
Collapse
Subdivision A—Giving required action notices
474 Commissioner or Complaints Commissioner may give required action notices relating to certain matters
475 System Governor may give required action notices relating to System Governor’s functions
476 Contents of required action notices
Collapse
Subdivision B—Varying or revoking required action notices
477 Commissioner may vary or revoke required action notices
478 Complaints Commissioner may vary or revoke required action notices
479 System Governor may vary or revoke required action notices
Collapse
Subdivision C—Penalty for contravening required action notices
480 Penalty for contravening required action notices
Collapse
Division 2—Compliance notices
Collapse
Subdivision A—Giving compliance notices
481 Commissioner may give compliance notices relating to Commissioner’s functions
482 System Governor may give compliance notices relating to System Governor’s functions
483 Contents of compliance notices—general
484 Contents of compliance notices—additional content for notices given by Commissioner in relation to significant failures or systematic patterns of conduct
Collapse
Subdivision B—Varying or revoking compliance notices
485 Commissioner may vary or revoke compliance notices
486 System Governor may vary or revoke compliance notices
Collapse
Subdivision C—Penalty for contravening compliance notices
487 Penalty for contravening compliance notices
Collapse
Division 3—Notices to attend to answer questions or give information or documents
Collapse
Subdivision A—Notices to attend
488 Notice to attend to answer questions etc. relevant to Commissioner’s or Complaints Commissioner’s functions
489 Notice to attend to answer questions etc. relevant to System Governor’s functions
490 Failing to comply with notice
491 Attending before authorised officer to answer questions—making oath or affirmation
Collapse
Subdivision B—Notices to give information or produce documents
492 Notices to give information or produce documents required for Commissioner’s functions
493 Notices to give information or produce documents required for Complaints Commissioner’s functions
494 Notices to give information or produce documents required for System Governor’s functions
495 Failing to comply with notice
Collapse
Subdivision C—Privilege against self incrimination
496 Privilege against self incrimination not abrogated
Collapse
Part 11—Banning orders
Collapse
Division 1—Making banning orders
497 Banning orders on current and former registered providers
498 Banning orders on individuals as aged care workers and responsible persons
499 Notice of intention to make a banning order
500 Penalty for contravening banning orders
501 Scope of banning orders
502 Notice of decision about banning order
503 Banning orders are not legislative instruments
Collapse
Division 2—Varying or revoking banning orders
504 Varying or revoking banning order on Commissioner’s own initiative
505 Varying or revoking banning order on application
506 Variations and revocations of banning orders are not legislative instruments
Collapse
Division 3—Register of banning orders
507 Register of banning orders
Collapse
Part 12—System Governor functions assurance activities
508 System Governor may conduct assurance activities
509 Terms of reference for assurance activities
510 Reports by System Governor on assurance activities
511 Assistance to System Governor in conducting and reporting on assurance activities
512 Registered providers must provide facilities and assistance for assurance activities
513 Requesting information and production of documents
Collapse
Part 13—Recoverable amounts
Collapse
Division 1—Recoverable amounts
514 Recoverable amounts and debtors
515 Recoverable amounts are debts due to the Commonwealth
Collapse
Division 2—Recovery of recoverable amounts
516 Legal proceedings
517 Arrangements between System Governor and debtors
518 Recovery of amounts from financial institutions
519 Recovery by deductions from amounts payable to debtor
Collapse
Division 3—Non recovery of recoverable amounts
520 Write off of recoverable amounts
521 Waiver of right to recover recoverable amount
522 Circumstances for waiver—small amounts
523 Circumstances for waiver—settlements between Commonwealth and debtors
524 Circumstances for waiver—special circumstances
Collapse
Part 14—Authorised Commission officers and authorised System Governor officers
Collapse
Division 1—Appointment
525 Appointment of authorised Commission officers
526 Appointment of authorised System Governor officers
Collapse
Division 2—Functions and powers
527 Functions and powers of authorised Commission officers
528 Functions and powers of authorised System Governor officers
Collapse
Part 15—Miscellaneous
Collapse
Division 1—Civil penalty provisions for false or misleading information or documents
529 Civil penalty provision for false or misleading information
530 Civil penalty provision for false or misleading documents
Collapse
Division 2—General rules about offences and civil penalty provisions
531 Physical elements of offences
532 Contravening offence and civil penalty provisions
Collapse
Division 3—Immunity of officers and persons assisting
533 Protection from liability for authorised officers and persons assisting
Collapse
Chapter 7—Information management
Collapse
Part 1—Introduction
534 Simplified outline of this Chapter
Collapse
Part 2—Secrecy of information
Collapse
Division 1—Unauthorised use or disclosure of protected information
535 Unauthorised use or disclosure of protected information
536 Protection from liability etc.
Collapse
Division 2—Authorisation of use or disclosure of relevant information
Collapse
Subdivision A—Authorisation of entities generally
537 Authorisations to use or disclose information—general
538 Authorisations to use or disclose information—entrusted persons
Collapse
Subdivision B—Authorisation of System Governor and Appointed Commissioners
539 Authorisations of System Governor and Appointed Commissioners to use or disclose information
540 Authorisations of the System Governor and Appointed Commissioners to use or disclose information for certain inquiries, etc.
Collapse
Subdivision C—Authorisation of System Governor for grants and quality related purposes
541 Authorisations of System Governor to use or disclose information for grants, etc.
Collapse
Division 3—Limit on powers to require disclosure of protected information
542 Limit on requirements to produce documents or answer questions
Collapse
Part 3—Record keeping
543 Retention of records by former registered provider
Collapse
Part 4—Information sharing
Collapse
Division 1—Publication by System Governor
544 System Governor must publish information about funded aged care services generally
545 Information that System Governor may publish about particular funded aged care services
Collapse
Division 2—Publication by Commissioner
546 Information that Commissioner may publish
Collapse
Part 5—Whistleblower protections
547 Disclosures qualifying for protection
548 Protections
549 Recipient to take steps to preserve anonymity
550 Confidentiality of identity of disclosers
551 Victimisation prohibited
552 Court orders
553 Registered providers’ obligations in relation to disclosers
554 Concurrent operation of State and Territory laws
Collapse
Chapter 8—Miscellaneous
Collapse
Part 1—Introduction
555 Simplified outline of this Chapter
Collapse
Part 2—Reconsideration and review of decisions
Collapse
Division 1—Reviewable decisions and affected entities
556 Decisions by the Commissioner or Complaints Commissioner
557 Decisions by the System Governor
558 Decisions by the Pricing Authority
Collapse
Division 2—Reconsideration of reviewable decisions
559 Affected entity may request reconsideration of reviewable decision
560 Reconsideration of reviewable decision on request
561 Initiation of reconsideration by decision maker
562 Reconsideration of reviewable decision on initiative of decision maker
563 Requests for further information or documents for reconsideration on initiative of decision maker
564 Reconsideration decision etc.
565 Deemed reconsideration decision
Collapse
Division 3—Review of reconsideration decisions
566 Review by the Administrative Review Tribunal
Collapse
Part 3—Delegation provisions
Collapse
Division 1—Delegation by System Governor
567 Delegation by System Governor—general
568 Delegation to Pricing Authority
569 Delegation to Chief Executive Centrelink
570 Delegation to Chief Executive Medicare
571 Delegation to Veterans’ Affairs Secretary
572 Delegation to Repatriation Commission
573 Delegation to Social Services Secretary
Collapse
Division 2—Delegation by Commissioner
574 Delegation by Commissioner to staff or consultants
575 Delegation by Commissioner to Complaints Commissioner
Collapse
Division 3—Delegation by Complaints Commissioner
576 Delegation by Complaints Commissioner
Collapse
Division 4—General
577 Delegations in relation to specified kinds of matters
578 Subdelegation
579 Complying with directions
Collapse
Part 4—Application of this Act to certain entities
580 Partnerships
581 Unincorporated associations
Collapse
Part 5—Automation of administrative action
582 Automation of administrative action
583 Oversight and safeguards for automation of administrative action
Collapse
Part 6—Applications, requests and notifications etc.
584 Approved forms for documents—System Governor functions
585 Approved forms—Commissioner functions
586 Approved forms—Complaints Commissioner functions
587 When oral communications taken to be in the approved form
588 Requests for further information or documents by System Governor, Commissioner or Complaints Commissioner for decisions on applications, claims and requests
589 When System Governor, Commissioner or Complaints Commissioner not required to make a decision or do a thing
590 Withdrawal of applications, claims and requests
591 False or misleading information or documents in applications, claims and requests
592 Method of notification by System Governor, Commissioner or Complaints Commissioner
Collapse
Part 7—Application fees and fees for services provided by the System Governor, Commissioner and Complaints Commissioner
593 Fees for services provided by the System Governor
594 Fees for services provided by the Commissioner
595 Fees for services provided by the Complaints Commissioner
596 Fees must not amount to taxation
597 Fees—exemptions, waivers and refunds
Collapse
Part 8—Appropriation
598 Appropriation
Collapse
Part 9—Reports on and review of this Act
599 Annual report on the operation of the Act
600 Review of operation of refundable deposits under this Act
600A Review of accommodation pricing
601 Review of operation of this Act
Collapse
Part 10—Rules
602 Rules
