The Department of Health’s aged care regulatory functions have been transferred to the Aged Care Quality and Safety Commissioner from 1 January 2020, giving the Commission new powers for monitoring and enforcing compliance under the Aged Care Quality and Safety Commission Act 2018 and Aged Care Quality and Safety Commission Rules 2018 (Rules). These new powers include identifying where there is immediate and severe risk to consumers and considering whether to impose sanctions.
To avoid duplication of the regulatory processes relating to serious risk to consumers, the serious risk provisions that existed prior to 1 January 2020 have been removed from the Rules.
In undertaking assessment of performance against the Aged Care Quality Standards and monitoring the quality of care and services, the Commission will continue to be alert to any potential failure in the standard of care or service that may place a consumer’s safety, health or well-being at risk. In cases where it is determined that a provider’s non-compliance poses an immediate and severe risk to consumers, the Commission will respond by issuing a sanction. Further information on the Commission’s graduated and escalating approach to dealing with non-compliance can be found in the Regulatory Bulletin on Responding to non-compliance with the Aged Care Quality Standards.
Prior to 1 January 2020, the Commission published all serious risk decisions made from 1 July 2019 resulting from non-compliance against the Quality Standards for residential services and home services.
To access serious risk decisions made prior to 1 January 2020 please refer to the Monthly register of serious risk decisions archive page.