Reconsideration and review of decisions
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.
This section provides details on the reconsideration and review process of regulatory decisions made by the Aged Care Quality and Safety Commissioner (Commissioner) relating to the accreditation of a residential service and a quality assessor’s registration.
The Aged Care Quality and Safety Commission Rules 2018 (Rules) provide for reconsideration and review of certain decisions (reviewable decisions) made by the Commissioner under the Rules.
Reconsideration decisions are made by the Commissioner. Those decisions may then be reviewed by the Administrative Appeals Tribunal (AAT), a review authority independent of the Commission.
Key changes for aged care providers
Commencement of the Aged Care Quality Standards
On 1 July 2019, the Aged Care Quality and Safety Commission (Commission) began assessing and monitoring the quality of care and services against the Aged Care Quality Standards (Quality Standards).
Please see our Transitioning to the new Standards page where you can access a transitional arrangements fact sheet about the key changes for approved providers.
Commission Act and Rules
For information about changes for approved providers when the Commission was established on 1 January 2019, please see our Commission Act and Rules page.
An approved provider is able to request reconsideration of certain regulatory decisions if it is dissatisfied with the decision and want a different decision-maker of the Commission to re-look at that decision.
Decisions that can be reconsidered by the Commission
An approved provider of a service may request reconsideration of one of the following regulatory decisions by the Commissioner:
- Decision not to accredit a commencing service;
- Decision not to re-accredit a residential service;
- Decision on the further period for which a residential service is to be accredited;
- Decision to revoke the accreditation of an accredited service; and
- Decision to vary an accredited service’s period of accreditation.
A person whose registration as a quality assessor has been cancelled may also request reconsideration of the decision to cancel their registration.
Reconsideration on Commissioner’s own initiative
The Commissioner may reconsider a regulatory decision mentioned above if the Commissioner is satisfied there is sufficient reason to do so.
If the Commissioner decides to reconsider a decision on the Commissioner’s own initiative, the affected person for the decision will be notified in writing that the decision will be reconsidered.
Applying for reconsideration of a decision
An affected person as specified under section 98 of the Rules may request reconsideration of a notified decision; this is either the approved provider delegate of the service or the quality assessor.
A request for reconsideration of one of the regulatory decisions listed above must:
- Be made in writing to the Commission;
- Set out the reasons for the request; and
- Be given to the Commissioner within 14 days after the affected person is notified of the original decision.
Applications for reconsideration are to be submitted to:
Please use ‘Director Regulatory Policy – Urgent request for reconsideration’ in the email subject.
Attn: Director Regulatory Policy
Urgent Request for Reconsideration
PO Box 773
PARRAMATTA NSW 2124
If the Commissioner receives an application for reconsideration that meets the specified requirements, or the Commissioner decides to reconsider a decision on the Commissioner’s own initiative, the person who reconsiders the decision will either:
- Affirm the decision;
- Vary the decision; or
- Set the decision aside and substitute a new decision.
The affected person will be notified of the reconsidered decision within:
- 14 days after a request for reconsideration was received for a decision relating to the period of accreditation for a residential service or cancellation of registration as a quality assessor; or
- 56 days after a request for reconsideration was received for a decision relating to a decision not to accredit or re-accredit, or revoke accreditation of a residential service.
An affected person has the right to seek review of the reconsideration decision by the Administrative Appeals Tribunal (AAT).
Publication of reconsideration decisions
The reconsideration decision is published on the Commission’s website within 28 days after the reconsideration decision is made.
If the reconsideration decision is in relation to the accreditation of a service, any site audit report or review audit report that was considered in making the decision is also published.
If a review of the reconsideration decision by the AAT is sought, a notice is published stating the reconsideration decision is subject to review by the AAT.
Review by the Administrative Appeals Tribunal
Applications may be made to the AAT for review of regulatory reconsideration decisions made by the Commission.
There is a time limit in which to apply for a review to the AAT. Application fees are payable in the AAT. More information about the AAT, timeframes, and fees can be found at the AAT’s website.
The AAT’s decision is published on the Commission’s website within 28 days after a decision is made.