Enforceable undertakings

If we come to an agreement with a provider on how to address non-compliance, we may accept an enforceable undertaking from them.

We may use an enforceable undertaking when:

• the provider is willing and able to address non-compliance
• there's a clear path for ensuring compliance
• there's no immediate or severe risk of harm to people receiving aged care.

Regulatory pyramid: click on image to enlarge

An enforceable undertaking may require providers to:

• take specific action to ensure they comply with their aged care responsibilities
• stop specific actions so they comply with their aged care responsibilities
• take specific actions to ensure they will comply with their aged care responsibilities in the future.

The provider can withdraw or change an undertaking at any time with our consent. We may also cancel an undertaking by writing to the provider.

If we think a provider has breached an undertaking, we may apply to court to enforce its terms.

For more information view the Compliance and enforcement policy (PDF, 1 MB)

Current enforceable undertakings