You must notify us of any significant changes in your organisation or governance arrangements.
Organisation arrangements
Significant changes to organisation arrangements include:
- when you enter into or significantly change an agreement (including ceasing an agreement) with another entity (organisation or person), in which the entity agrees to deliver services that support your management or governance functions. This doesn’t include agreements to deliver funded aged care services.
- if you’re not a government entity, when:
- there’s a significant change to your legal or business structure, including a restructure of the organisation, or a sale, acquisition or merger
- you enter external administration
- you engage a restructuring practitioner
- there’s an insolvency event relating to you.
Notifying us of changes in your organisation arrangements
To notify us of a significant change in your organisation arrangements, you must complete the:
- Change in circumstance notification form
- Significant change in the organisation or governance arrangements of the provider form.
You can find these forms on Applications, requests and notifications.
You can find more information on how to complete a form in Change in Circumstance Guidance.
Your notification must include:
- the specific type of change you’re notifying us about
- when and how the change happened
- how you expect the change to affect the way you deliver care and services
- if you’re entering into external administration, then the date it happened, the type of external administration and the name of the external administrator or restructuring practitioner.
Governance arrangements
You must notify us of any change to your governance that would result in you no longer complying with section 157(2) of the new Aged Care Act 2024 (new Aged Care Act).
Providers registered in Category 5 and Category 6 must make sure that their governing body has:
- a majority of independent non-executive members
- at least one member with experience in providing clinical care.
Providers don’t have to comply with either governing body membership requirements if they:
- are government entities or local government authorities
- are an Aboriginal Community Controlled Organisation
- have fewer than 5 members on their governing body and deliver services to fewer than 40 people
- have a determination made under section 159 of the new Aged Care Act.
Providers that are registered under the Co-operatives National Law (or the Co-operatives Act 2009 (WA)) with certain clauses in its rules, aren’t required to have a majority of independent, non-executive members.
You can find more information about a determination that certain governing body conditions don’t apply on Determinations.
Notifying us of changes in your governance arrangements
To notify us of a significant change in your governance arrangements, you must complete the:
- Change in circumstance notification form
- Significant change in the organisation or governance arrangements of the provider form.
You can find these forms on Applications, requests and notifications.
You can find more information on how to complete a form in Change in Circumstance Guidance.
You notification must include:
- the names of incoming and outgoing members, in relation to the non-compliance
- information on steps you’re taking to return to compliance, including if you’ve submitted, or will submit, an application for a determination that certain governing body conditions don’t apply.
