It should be noted that the Financial Statements at pages 158-200 of the Annual Report 2019-20 are materially incorrect and the Audit Opinion of these statements is being withdrawn. An updated Financial Statement and a new Audit Opinion will be published shortly.
Download the Corporate plan – 2020–2021
Statements of Expectations and Intent
On 25 February 2019, the Hon Ken Wyatt AM MP, Minister for Senior Australians and Aged Care and Minister for Indigenous Health, issued the Commission with a Statement of Expectations.
This Statement of Expectations outlines the Australian Government’s expectations of the Commission in carrying out its role and functions in the context of the Government’s policy agenda. The Statement also outlines expectations for how the Commission manages our relationships with the Government, consumers, other key stakeholders and issues of transparency and accountability.
In response, the Commission has issued a Statement of Intent. Click on the links below to download the documents:
Read our Statement of Expectation 2019
Read our Statement of Intent 2019
Memorandums of understanding
Aged Care Quality and Safety Commission and Department of Health
This Memorandum of Understanding (MoU) describes how the Aged Care Quality and Safety Commission and the Department of Health will work together.
The MoU recognises and supports the linked work and responsibilities across the Aged Care Quality and Safety Commission and the Department of Health.
It describes how the two organisations will work together and their responsibilities as set out in the
- Aged Care Quality and Safety Commission Act 2018
- Aged Care Quality and Safety Commission (Consequential and Transitional Provisions) Act 2018
- Aged Care Act 1997
- Principles and legislative instruments made under these Acts
Download the Memorandum of Understanding between the Commission and the Department of Health April 2019 (PDF, 239.46 KB)
Download the Memorandum of Understanding between the Commission and the Department of Health Schedule 1. Communication & Data (PDF, 555.02 KB)
Aged Care Quality and Safety Commission and Australian Health Practitioner Regulation Agency
This Memorandum of Understanding (MoU) describes how the Aged Care Quality and Safety Commission and the Australian Health Practitioner Regulation Agency (AHPRA) will share information in a more timely manner, where there may be concerns in aged care. It will also support better two-way communication between the Commission and AHPRA, in turn helping both parties better fulfil their statutory mandates.
Download the Memorandum of Understanding between the Commission and the Australian Health Practitioner Regulation Agency (PDF, 515 KB)
Aged Care Quality and Safety Commission and NSW Health Care Complaints Commission
This Memorandum of Understanding documents the shared operational understandings and agreed protocols of the parties with respect to the exchange of information in the course of exercising their functions and powers under applicable legislation.
Aged Care Quality and Safety Commission and the Queensland Health Ombudsman (to include the Office of the Health Ombudsman)
This Memorandum of Understanding (MOU) documents the shared operational understandings and agreed protocols of the parties with respect to the exchange of information in the course of exercising their functions and powers under applicable legislation. The MOU also outlines the respective roles and responsibilities of, and the relationship between, the Parties in relation to:
(i) Information disclosure relevant to the responsibilities of each party;
(ii) Referrals of information relevant to the responsibilities of each party
(iii) The administrative arrangements for the Parties to communicate with each other in respect of information disclosure;
(iv) Protocols to apply when a Party is compelled by law to disclose the other party's information to a third party (eg. in response to a subpoena);
(v) The governance arrangements in respect of this MOU.
Download the Regulatory Strategy (PDF and accessible Word)
The Aged Care Quality and Safety Commission's Regulatory Strategy is a document detailing the Commission's approach to delivering regulatory functions under the Aged Care Quality and Safety Act 2018, in accordance with the Aged Care Quality and Safety Commission Rules 2018.
It outlines the way in which the Commission will use a proportionate, risk-based approach to achieving its regulatory objectives and includes:
- the Commission’s regulatory approach
- engaging and empowering consumers
- dealing with complaints
- oversight of risk
- defining responsive risk-based regulation
- understanding and responding to systemic risk
- understanding and responding to individual provider risk
- determining appropriate regulatory action
- transparency of performance information
- performance reports
- reporting sector performance trends
- reporting regulatory decisions
- reporting complaints directions
- informing and working with stakeholders
- monitoring and improving our performance.
The purpose of this document is to provide clarity and transparency about the Commission’s approach to regulation. As an overarching strategy it informs the Commission’s operational policy and engagement with stakeholders.
See Information for providers – Initial documents requested during performance assessments in residential services.
See Risk-based questions that will be asked on commencement of a performance assessment.
Compliance and enforcement policy
Download the Compliance and enforcement policy
Effective enforcement of aged care provider responsibilities under the Aged Care Act 1997 (Aged Care Act) and its related Principles, the Aged Care Quality and Safety Commission Act 2018 (Commission Act), the Aged Care Quality and Safety Commission Rules 2018 (Rules) or under its funding agreement with the Australian Government is a critical task for the Aged Care Quality and Safety Commission (Commission). A range of compliance actions are available to the Commission to:
- prompt a provider to comply with its responsibilities
- improve compliance with the law
- deter misconduct
- ensure that grave misconduct meets proportionate consequences.
Effective compliance and enforcement actions are an important part of the broader functions of the Commission that aim to protect and enhance the safety, health, well-being and quality of life of aged care consumers. Visibility of the Commission’s actions to address non-compliance is essential for consumers to have confidence and trust in the provision of aged care. Most aged care providers voluntarily comply with their responsibilities and many go well beyond the minimum responsibilities in delivering aged care services. They, too, should have confidence that providers are held to account when they fail or refuse to comply with their responsibilities.
The Commission is committed to communicating clearly its regulatory intent and approach to compliance and enforcement, and to providing accessible, consistent and clear reporting on enforcement strategies and activities. Of course, it is necessary for regulators to have discretion in determining the most effective response to non-compliance.
The Commission has produced a glossary of common terms to aid understanding of the aged care services sector. The list is not intended to be exhaustive and is provided as general information only.