How we enforce your requirements
We regulate providers the whole time they are registered with us and respond to risk and harm where needed.
We do this using risk-based monitoring and supervision. Risk-based monitoring means we look at information about you and your organisation and the services you deliver to understand risks you may face, and how you plan to manage them.
This includes information we collect as part of your registration and audits.
We use our compliance powers to keep providers accountable for managing risks. This means we can put consequences in place when providers don’t improve their operations or meet their obligations.
4A. Conditions the Commission adds
We may decide to add a condition to your registration at any time during registration, or when you first register. We only add conditions if it's appropriate in all the circumstances to do so. Conditions are proportionate to the non-compliance or risk.
You can apply for us to vary your registration to have a condition cancelled or changed. We can also change or cancel the condition, if the provider has done what they needed to, and there are no other issues.
4B. Other ways of enforcing your obligations
We may suspend or revoke your registration. You can learn more detail about this in Section 2.
Learn more about enforcement and conditions in:
- Provider Registration Policy – explains the process of adding and actioning a condition added to a provider’s registration.
Non-statutory actions are informal compliance actions such as engagement, reminder or caution letters to educate and help providers, operators and workers understand their aged care obligations. They are not governed by the Aged Care Act 2024 or the Aged Care Rules 2025, but we have discretion to use them to respond to non-compliance.
We have statutory compliance and enforcement actions that have specific sections in the Aged Care Act 2024 and the Aged Care Rules 2025 governing when and how we use them.
Chapter 3 and Chapter 6 of the Aged Care Act 2024 contain compliance and enforcement actions to compel compliance or deter non-compliance, including:
- varying a provider’s registration, revocation or suspension of a provider’s registration, and revoking a residential care home approval
- monitoring and investigation powers and compliance and enforcement actions established under the Regulatory Powers (Standard Provisions) Act 2014
- required action notices, compliance notices and information-gathering powers
- banning orders to ban or restrict providers, aged care and workers and responsible persons operating within the aged care sector.
For more information, refer to our Compliance and Enforcement Policy.
In line with our safeguarding functions, beyond our registration activities we also undertake risk-based monitoring activities where we identify risk to ensure we respond to it in a timely and proportionate way.
We may undertake targeted enquiries with you or conduct on site inspections of your services.
Where we identify non-compliance we may take further regulatory actions to ensure the non-compliance is addressed. You can read more about this in:
