Notices to agree

NB Details of Notices To Agree issued from July 2020 onwards can be found on the My Aged Care website, via the non-compliance tracker – click here to view and use the tracker. 

The Aged Care Quality and Safety Commission (the Commission) has a role in ensuring providers, including Commonwealth-funded aged care service providers, comply with their responsibilities under the Aged Care Act 1997 (the Act), or funding agreement. 

Where a provider’s non-compliance has resulted in the Commission considering revoking their approval to deliver aged care through a sanction, the Commission may – in certain circumstances – first issue the provider a Notice to Agree (NTA). These circumstances include where:

• the provider has failed to give an undertaking to remedy their non-compliance 
• failed to comply with an undertaking to remedy their non-compliance
• made submissions in response to a non-compliance notice that are unsatisfactory, or 
• where the Commissioner is satisfied the provider’s non-compliance poses an immediate and severe risk to the safety, health and well-being of care recipients

An NTA sets out actions a provider is required to do (including necessary timeframes). Should a provider fail to agree, their approval to provide Australian Government subsidised aged care may be revoked. Once a provider has agreed to an NTA, they are required to do the actions they’ve agreed to. If they don’t they may be sanctioned. 

Redactions have been made to protect the privacy of care recipients