Non-compliance with the Standards
The Department of Health’s aged care regulatory functions have been transferred to the Aged Care Quality and Safety Commissioner. As these take effect from 1 January 2020, the content on this page is currently undergoing review. For a summary of key changes, please click here.
The information on this page is for residential services, home services, Commonwealth Home Support Programme (CHSP) services and short-term restorative care services.
What is non-compliance?
It is the responsibility of the aged care provider to demonstrate that the service meets the Aged Care Quality Standards (Quality Standards). Failure to meet the Quality Standards is where a provider of an aged care service has failed to comply with the Quality Standards in relation to the service.
At any stage of an assessment – during the course of an assessment contact, site audit, review audit or quality review – if an Assessment Team identifies that a provider of a service may not be complying with the Quality Standards, they provide information about this to the Aged Care Quality and Safety Commissioner (Commissioner).
The team prepares a performance assessment report for the Commissioner at the end of the assessment process, recommending whether the service meets or does not meet the Quality Standards. The Commissioner can make a finding of non-compliance at this time, or at any time during the assessment process where it is considered there is sufficient relevant information to make the finding.
Where a finding of non-compliance is likely to be made, the provider will be offered the opportunity to respond to the report or information being considered by the Commissioner.
Plan for continuous improvement
When the Commissioner makes a finding that a provider of a service has failed to comply with the Quality Standards, the Commissioner must direct the provider to revise a plan for continuous improvement (PCI). This must set out how they will make improvements to ensure compliance with the Quality Standards. If the provider is directed to update their PCI, they must do so.
Learn more about Planning for Continuous Improvement (PCI).
What is a timetable for improvement?
In directing the provider to revise their PCI, the Commissioner will also set a timetable for improvement (TFI). A TFI sets out the improvements and the maximum time allowed to ensure the service complies with the Quality Standards.
The Commissioner will monitor the service’s progress in meeting the Quality Standards.
TFIs under the Aged Care Quality Standards
On 1 July 2019, the Commission began assessing and monitoring aged care services against the new Quality Standards.
Where a provider has a TFI set prior to 1 July 2019 and expiring after 1 July 2019, the Commission will conduct an assessment contact at the end of the TFI to determine whether the quality of care and services provided by the service complies with the old Standards rather than the Quality Standards.
If the Commission identifies ongoing issues during the assessment contact at the end of the TFI, a separate assessment performance will be completed against the new Quality Standards.
All other assessment contacts conducted at the end of a TFI will be assessed against the Quality Standards.
Please see our Transitioning to the Quality Standards page where you can access a transitional arrangements fact sheet about the key changes for providers.
If a decision is made that a provider has failed to comply with one or more requirements of the Quality Standards in relation to a service, the Commissioner also must decide whether the failure has placed or may place the safety, health or well-being of an aged care consumer at serious risk, resulting in a serious risk decision.
Learn more about Serious Risk.