Request a determination

Overview

Providers need to have processes to help them keep improving. This is called continuous improvement. It helps providers deliver the quality care and services that older people deserve. Continuous improvement works better with the right mix of people. This includes having an independent governing body with the right skills and experience.

Effective governing bodies develop and lead an organisation’s strategic direction and purpose. They guide the work of the organisation, rather than responding to it. Governing bodies are responsible for an organisation’s finances, ventures (business activities with a significant degree of risk) and actions.

Certain providers must make sure their governing body has:

• a majority of independent non-executive members
• at least one member with experience providing clinical care.

If a provider needs to meet the governing body membership requirements but can’t, it can apply to the Commission for a ‘determination’ that one or both provider governance requirements don’t apply.

You can find more information about governing body obligations at Your questions answered. 

What is a determination?

Under the new Aged Care Act 2024 (new Aged Care Act) a registered provider can apply to the Aged Care Quality and Safety Commissioner for a determination. A determination is a decision confirming that one or both of the governing body membership requirements don’t apply.

The longest time a determination decision can last is 12 months. This gives providers enough time to find ways to meet the governing body membership requirements.

Determinations do not remove providers’ other obligations under the new Aged Care Act.

Requesting a determination

To apply for a determination, download and complete the ‘Request for a Determination’ form.

We can’t assess applications that are incomplete or don’t have the right supporting documents, so make sure you follow the instructions closely. You can find out more on our assessment process webpage.

If you can’t use the online form due to technical or accessibility reasons, you can ask for a Word version by emailing  GoverningBodyApplications@agedcarequality.gov.au. 

Before applying

If you need to apply for a governing body determination while you have responsible persons changes being processed, email us GoverningBodyApplications@agedcarequality.gov.au 

Naming and uploading supporting documents

When you apply for a governing body determination, you’ll need to upload supporting documents. To make sure we understand how each supporting document relates to your application, please name your files clearly.

For example:

• ABC Aged Care Board Minutes_15Feb2024_support reason for GB request
• ABC Aged Care_GB advert_20Jan2024_support reason for GB request
• ABC Aged Care_Org and Board member chart_support reason for GB request.

Receiving a decision

You can track the progress of your application on the Government Provider Management System (GPMS). Applications we are assessing will have a ‘processing’ status.

If you submitted a Word version of the application form, we’ll email you to let you know that we’re assessing it.

In most cases, once we’ve started our assessment we’ll make a decision within 60 days.  

If we need to ask for more information during the assessment process it may take longer.

We’ll notify you of our decision by email.

If we issue a determination, we’ll send you written notice by email. It will include:

• the date we made the decision  
• the governance condition the determination relates to
• the period the determination applies.

If we don’t issue a determination, we’ll send you written notice by email. It will include:

• the decision  
• the reason for the decision  
• how to apply for a reconsideration of the decision and the process.

We’ll update the outcome of the decision on GPMS after we’ve sent you written notice.

Read more about the decision-making process.

Resources

You can find more information about  governing body obligations on our Your questions answered page.