Enforceable Undertaking

If the Commission and a provider reach agreement on a specified course of action to address any non-compliance, the Commission may accept an enforceable undertaking from the provider. 

An enforceable undertaking may be used when: 

• the provider is willing and able to take steps to address the non-compliance 
• a clear and timely pathway for ensuring compliance is included in the undertaking 
• there is no immediate or significant risk of harm to consumers.

The undertaking may indicate that a provider will:  take action to comply with its responsibilities under the Aged Care Act, or; refrain from a specific action, or; take action to ensure that it does not contravene its responsibilities under the Aged Care Act.

The provider may seek to withdraw or vary an undertaking at any time (with the Commission’s consent). Alternatively, the Commission may cancel the undertaking through written notice to the provider.  

If the Commission considers that the provider has breached the undertaking, the Commission may apply to a relevant court to enforce the terms of the undertaking. 

For more information view the Compliance and Enforcement Policy 

Current Enforceable Undertaking Agreements