When there has been failure by a provider of a service to comply with the Aged Care Quality Standards (Quality Standards), the Aged Care Quality and Safety Commissioner (Commissioner) must decide whether this failure has placed or may place the safety, health or well-being of an aged care consumer (consumer) at serious risk. Decisions regarding serious risk are made under the Aged Care Quality and Safety Commission Rules 2018 (Rules).
The Aged Care Quality and Safety Commission (Commission) has released a Regulatory Bulletin outlining the Commission’s processes and responsibilities relating to findings of serious risk.
- The Commission must consider whether failure to comply with the Quality Standards has placed or may place the safety, health or well-being of a consumer at serious risk.
- Serious risk may be in respect of an individual consumer(s), previous consumers or a class of consumers.
- Serious risk is not an ongoing state; it is a separate statutory decision based on evidence at a point in time.
- An approved provider has an opportunity to respond to a notification of serious risk prior to a decision being made.
- The Commission publishes information relating to serious risk decisions on the Commission website.
- The Commissioner does not have the power to reconsider a serious risk decision.
- There is no further statutory decision that finds that there is no serious risk or that serious risk to consumers has been revised or resolved.
- The Department of Health is notified when a serious risk decision is made.