An enforceable undertaking is a written agreement between us and a registered provider (provider), aged care worker, or responsible person, where they acknowledge they are not complying with their obligations and agree to voluntarily take certain actions to comply. During discussions about non-compliance, a provider, worker or responsible person can raise the possibility of entering into an enforceable undertaking with us, or we may suggest it as an option.
Entering into an enforceable undertaking shows that the provider, aged care worker or responsible person:
- is able to comply with their obligations
- is committed to complying with their obligations
- can manage risks to older people and deliver quality and safe care.
We will consider accepting an enforceable undertaking on a case-by-case basis, and can take into consideration:
- the type of non-compliance and the provider, aged care worker, or responsible person’s non-compliance history
- the actions the provider, aged care worker, or responsible person suggests to manage the risk and remedy the non-compliance
- whether the non-compliance presents an immediate and serious risk and needs urgent action to prevent harm
- whether the provider, aged care worker, or responsible person accepts their non-compliance and is willing to work with us to comply
- whether the enforceable undertaking will achieve the best result for older people.
The provider, aged care worker, or responsible person can withdraw or vary an enforceable undertaking at any time with our consent. However, if we don’t consent to this and they don’t comply with the terms of the enforceable undertaking, we can take other regulatory action, such as enforcing the undertaking through court proceedings and court orders.
An enforceable undertaking will end on an agreed date or when we are satisfied that all the terms have been completed.
More information
- See Enforceable undertakings on Find information.
- View our Compliance and Enforcement Policy.
