Providers need the right mix of people to drive the continuous improvement processes that deliver the high quality of care and services that older Australians deserve. This includes having an independent governing body that has the appropriate skills and experience.
Effective governing bodies develop and lead the strategic direction and purpose, driving the work of the organisation, rather than responding to it. Governing bodies have ultimate responsibility for the finances of the organisation and hold legal responsibility for its ventures and actions.
Changes relating to the composition of governing bodies commence on 1 December 2023.
These changes are already in effect for providers who applied for approval after 1 December 2022.
Providers must ensure their governing body:
- has a majority of independent non-executive members and
- at least one member with experience in providing clinical care.
If a provider is required to meet the governing body membership requirements, but is unable to do so, it can apply to the Commission for a ‘determination’ that one or both of the provider governance requirements do not apply.
For more information regarding governing body responsibilities see the Your questions answered webpage.
What is a determination?
A determination is the outcome of a decision affirming that either or both of the governing body requirements do not apply.
Under the Aged Care Act 1997 an approved provider can apply for a determination to the Commissioner. A decision must be made about whether (or not) to make a determination that either or both of the governance requirements do not apply.
The maximum length of a determination decision is 12 months. This allows an approved provider enough time to investigate other options to meet the governing body requirements.
If a provider is still not able to meet the requirements another Request for a Determination is required.
Determinations do not remove the obligations under the Aged Care Act of 1997. Determinations are short-term agreements that apply to one or both of the governing body's needs.
Requesting a determination
Use the Aged care approved provider – Request for a determination that certain governing body responsibilities do not apply form to apply for a determination.
Applications that are incomplete or lack supporting documents cannot be processed.
Applications must be submitted to email@example.com.
Receiving a decision
Providers will be notified of a decision within 60 days of receiving an email from the Commission advising that your application is under review.
If further information is requested during the assessment process it may take longer to provide a decision.
The decision will be notified by email.
If a determination is issued the email will specify:
- the date the decision was made
- the governance responsibility relating to the determination
If a determination is not issued the email will specify:
- why the application was not approved
- the review rights
- how to apply for a reconsideration of the decision and the process
Read more about the decision-making process.
For more information on the governing body responsibilities see the Your questions answered page.