Becoming an approved aged care provider

What is an approved aged care provider?

We assess and approve applicants under the Aged Care Quality and Safety Commission Act 2018 (Commission Act) to provide services under the Aged Care Act 1997 (the Aged Care Act). These services include:

• entry level support at home
• a higher level of support for senior Australians who are able to keep living at home with assistance
• care options and accommodation for senior Australians who are unable to live independently at home

The Australian Government subsidises approved aged care providers to deliver aged care services.

What does an approved aged care provider do?

You need to be approved to provide services under:

• home care - Please see the consumer manual or provider manual for detailed information on this service.
• residential aged care
• flexible care, including multi-purpose services, innovative care, transition care and short-term restorative care

Approved providers:

• are responsible for the care they deliver
• assist care recipients to make decisions about quality care
• manage government subsidies
• manage care recipients’ fees and payments

Who does not need to be approved?

You can also apply for government grants under some other programs. You do not need to be approved to provide services under:

• the Commonwealth Home Support Programme (CHSP)
• the National Aboriginal and Torres Strait Islander Flexible Aged Care Program

These providers must still comply with the Quality and Safety Commission Act, Rules and the Aged Care Act.

Why do aged care providers need to be approved?

The Government subsidises approved providers under the Aged Care Act, making them more affordable and accessible to eligible care recipients.

Care recipients can search for these providers on My Aged Care.

To maintain funding, the Government assesses and monitors the approved provider’s performance against the Aged Care Quality Standards.

Not all aged care providers need to be approved by the Commission to provide services. These private providers don’t receive government funding.

Eligibility to be an approved provider

We approve providers only when:

• the organisation satisfied certain matters set out in Part 7A of the Commission Act
• they understand an approved providers responsibilities established by the Aged Care Act
• can deliver care that aligns with the associated Principles made under section 96-1 of the Aged Care Act

Providers must:

• be a corporation
• not have any disqualified individuals as key personnel
• have experience providing aged care or other relevant forms of care
• understand approved provider responsibilities
• has, or will have, systems in place to meet their responsibilities
• have, or will have, sound financial management records and practices
• comply with financial obligations and other responsibilities as an aged care provider, if they already are one

Government organisations

State, territory and local government organisations do not need to be assessed as suitable to provide aged care. However, you will need to complete a Government organisation application form to enable the creation of a record to ensure the payment of subsidies to the organisation.

Although you are automatically approved, we can revoke or suspend approval.

Before you apply

There are some things you must know before applying to become a provider of aged care.

Read the guidance

The Guidance for Applicants seeking approval to provide aged care helps you and your key personnel to fill in the form.

The guidance also has some further essential reading to do before applying.

Your organisation must be incorporated

You cannot be approved if you are not an incorporated organisation. If you’re a sole trader, your application will not be assessed.

You must be able to demonstrate that you can provide aged care in accordance with the Aged Care Act 1997

You must demonstrate your understanding of the responsibilities of an approved provider as established under Division 54, Division 56 and Division 63 of the Aged Care Act, as well as the Quality Principles and Quality Standards.

This must be done:

• at the time of your application
• as you continue to deliver aged care services

You must not have any disqualified individuals as key personnel

You will need to nominate your key personnel and make sure they’re:

• key personnel as defined in section 8B of the Commission Act
• not a disqualified person, as defined under section 8A of the Commission Act

Get police checks for each of your key personnel

For each of your key personnel, you must provide one of the following with your application:

• a National Police Certificate (NPC) — from a police agency
• National Criminal History Check (NCHC) — from an Australian Criminal Intelligence Commission-accredited agency

The date on each NPC or NCHC must be within 90 days of submitting your application.

For help completing National Police Certificates, see police certificate guidelines for aged care providers.

You must provide a statutory declaration for each person when:

• all former or current names are not shown on the NPC or NCHC
• they were a resident of a country other than Australia after turning 16 years old

The declaration should say whether the person has committed an indictable offence. That’s an offence:

• against a law of the Commonwealth or a State or Territory
• against the law of a foreign country that corresponds to an offence against a law of the Commonwealth or a State or Territory

Use the current form

We update our application forms from time to time. We put the latest version on this page. Make sure the application form you use is the latest version. We will not assess applications on old forms.

Apply to be an approved aged care provider

There are 3 different forms to apply for approval, depending on who you are.

If you are a provider of aged care who is not yet approved

New applicants need to fill out the new applicant form.

These are providers who are not approved to provide any type of care either under the Commission Act or, the Aged Care Act, prior to 1 January 2020.

If you are an existing approved provider changing services

If you are an approved provider who wants to provide another care type, fill in the existing approved provider form. For example, if you provide residential aged care and want to provide home care, you would use this form.

This form lets you demonstrate your ability to provide another type of care.

Providers funded to deliver the Commonwealth Home Support Programme (CHSP) must use the new applicant form if you wish to become an approved provider.

If you are a government organisation

State, territory and local government authorities are approved to provide services. However, you will need to register to provide services under Commission Act.

Fill out the government organisation form. This form is to create a departmental record so that the Government can pay subsidies to you.

Getting a decision

You will be notified of your application outcome within 90 days after we receive it, unless we request more information.

Requests for more information

If we ask for more information, you must give your answer within 28 days of getting our request.

We will give you our decision within 90 days of receiving your answer.

If you’re approved

We will send approved providers a notice of approval. The notice will tell you the next steps you need to take in the process.

If you’re not approved

You have two options if we don’t approve your application:

• reapply
• request a reconsideration

Reapplying

If you reapply, you must complete a new application form. You should reflect on the reasons you weren’t approved set out in your notice. Address these reasons and add any new information that shows why you believe you meet the eligibility criteria.

Reconsiderations

You can request a reconsideration of the decision under Part 8B of the Commission Act. To request a reconsideration of your application, submit a written request within 14 days of receiving the decision notice.

You can make your reconsideration via email to approvedproviderapplications@agedcarequality.gov.au and a different decision maker will review your application

If you choose to email us, your email must:

• tell us why you’re making the request
• address specific areas we identified as reasons for non-approval
• add any evidence you would like to be considered

The possible outcomes of reconsideration are:

• we confirm the decision
• we vary the decision
• we set the decision aside and substitute a new decision

If we don’t respond within 90 days, the original decision is confirmed.

If the original decision is confirmed, you may seek a review by the Administrative Appeals Tribunal.

Administrative Appeals Tribunal

You can appeal a review decision made by the Commissioner, by submitting an application to the Administrative Appeals Tribunal.

To make an application to the Administrative Appeals Tribunal for review of the decision you must:

• apply in writing
• apply within 28 days of receiving the decision
• pay the application fee.

For further information, please review the Administrative Appeals Tribunal’s website or call 1800 228 333.

Revoking approved provider status

We can revoke approved provider status if:

• the approved provider ceases to be a corporation
• the approved provider ceases to be suitable for approval
• the application for approval contained misleading information

Notifying material changes for approved providers

Under Section 9-1 of the Aged Care Act 1997 (Act) approved providers are required to notify the Commissioner of changes that materially affects the suitability of an approved provider to provide aged care within 28 days after the change occurs.

What is a material change?

A material change is one that is substantial or considerable in nature. For example, the approved provider:

• is no longer an incorporated organisation
• is unable to meet any of the home, flexible or residential care standards
• is unable to manage its financial responsibilities including subsidies and care recipient’s fees and payments
• makes a change which may affect the rights of aged care recipients
• makes substantial changes to its organisational or governance structure such as:
  • entering into a subcontract arrangement with a third party for delivery of clinical care
  • use of a management company to manage the day-to-day responsibilities of the organisation
  • makes a change to its key personnel

These are examples only and approved providers should consider each situation individually.

Notifying the Commissioner

Notifications to the Commissioner about the approved providers nature and details of material changes are to be completed using the Notification of a material change form.

Approved provider responsibilities

You are reminded that an approved provider has ongoing responsibilities in relation to key personnel set out under Part 7A and the Accountability Principles 2014, specifically sections 48, 49 and 50.

Therefore if your material change 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 none of your key personnel is a disqualified individual (see section 8A of the Aged Care Quality and Safety Commission Act 2018). This includes a copy of a criminal history check, bankruptcy check, as well as evidence of relevant qualifications and or registrations.

Reporting to the Department of Health

Home care approved providers have reporting responsibilities to the Department of Health in relation to service changes. Visit the Department of Health on how to meet those responsibilities.

Authorised contact details changes

This form can also be used to notify changes to authorised contact details. Keeping the details of your authorised contact person up to date will ensure that important notifications are received by the appropriate individual.

Contact

Please email approvedproviderapplications@agedcarequality.gov.au