Notifying the Commission of certain matters
The Aged Care Act 1997 (Aged Care Act) requires approved providers to submit information to the Commission when certain changes or events occur. These notifications afford a level of transparency as to the organisation’s capacity and provide the Commission with information about any potential risks in the governance of your organisation or the quality and safety of the care and services you provided. This helps to identify any potential risks to consumers.
Recent changes to the Aged Care Act mean that there are new notification responsibilities that an approved provider must comply with from 1 December 2022. The Commission must be notified:
- of a change of circumstances that materially affects your suitability as an approved provider (section 9-1 of the Aged Care Act)
- if a person becomes or ceases to be key personnel (section 9-2A(1)(a) and (b) of the Aged Care Act)
- where you become aware of a change of circumstances that relates to a suitability matter in relation to a person who is one of your key personnel (section 9-2A(1)(c) of the Aged Care Act).
Note that a material change occurring before 1 December 2022 must be notified within 28 days.
However changes occurring after 1 December 2022, including key personnel changes, must be notified within 14 days of:
- you becoming aware of a material change to your suitability as an approved provider
- a person becoming or ceasing to be one of your key personnel
- you becoming aware of a change of circumstances that relates to a suitability matter in relation to a person who is one of your key personnel.
What information do I need to report?
The Commission has developed a guide to assist approved providers to complete the Notification form, this is the Notification form - Guide for approved providers.
This guide will help you to understand the notifications responsibilities of an approved provider and what information we are asking for to assist you to meet those responsibilities.
Note that the Notification form also provides you with a section for updating your organisation’s contact details. The information you provide in this section is not a responsibility under s9-1 and 9-2A, it is included to give approved providers an opportunity to submit current contact information and allow the Commission to engage with the right person at the right time.
Other important information to help you to complete the Notification form
As identified above, there have been changes made to aged care legislation, including the Aged Care Act and the Aged Care Quality and Safety Commission Act 2018 (the Commission Act).
These changes aim to strengthen the leadership and culture of organisations delivering aged care and to support the best interests of consumers.
Provider responsibilities relating to governance complement other regulations including the integrated expectations of the Aged Care Quality Standards and requirements for incident prevention and management, complaints management, human resources and record keeping
Before you complete the Notification form you are encouraged to read the Commission’s guidance for approved providers – Provider responsibilities relating to governance - guidance for approved providers. It contains vital information about how the changes affect an approved provider’s governance responsibilities.
In addition, the Commission website contains an overview of these changes and you are encouraged to monitor this page for updated information relating to Provider Governance.
How to notify the Commissioner
Notifications to the Commissioner should be submitted using the online Notification Form.
Please be advised that the original Notification of Material Change Form (pre-December 2022) will no longer be accepted.
Record keeping responsibilities
Where a notification is made, you should keep records of the notification and any matters relating to the circumstances that gave rise to the notification, including your decision-making process and any supporting documentation.
You are reminded that approved providers also have ongoing responsibilities in relation to key personnel set out under Part 6 and Part 7A and the Accountability Principles 2014.
If your notification involves a change to key personnel, you will need to provide evidence that you have taken the required steps and/or obtained the necessary documents to verify that your key personnel meets suitability requirements in relation to individuals (see section 8c of the Commission Act). This includes a copy of a Nationally Coordinated Criminal History Check (police certificate) OR National Disability Insurance Scheme check, bankruptcy check, as well as evidence of relevant experience, qualifications and or registrations.
Furthermore, the Commission may, at any time, request in writing that you provide information relevant to your suitability as an approved provider or request that you give information relevant to the suitability of your key personnel (sections 9-2(1) and (1A) of the Aged Care Act).
Reporting to the Department of Health and Aged Care
Home care approved providers have reporting responsibilities to the Department of Health and Aged Care in relation to service changes. Visit the Department of Health and Aged Care to find out how to meet those responsibilities.
If you have any questions about the notification form you may email us at APnotifications@agedcarequality.gov.au
We will respond via email within 5 business days.