Section 1 to Section 4

These questions relate to section 109(1)(b)(vi) of the Aged Care Act 2024

Questions 1.1 to 4.4

Your response to these questions helps us to understand your legal structure and how you operate your business. This helps us to assess your suitability to deliver funded aged care services.

Section 5: Insolvency

These questions relate to section 109(1)(c) of the Aged Care Act 2024

Questions 5.1 to 5.3

Your response to these questions helps us to understand matters related to your parent or holding company that may impact upon your own financial management.

Administration generally involves an independent administrator reviewing the finances, management, and processes of a company experiencing financial viability issues to recommend appropriate action.

Receivership generally involves an independent receiver taking steps to ensure a company repays a secured creditor.

Other insolvency processes can include the use of safe harbour options under relevant legislation and company restructures to address financial viability issues. 

If you have selected ‘Yes’ to question 5.1, you must provide details of the administration, receivership, or other insolvency processes related to your parent or holding company.

For administration, this can include:

  • evidence of appointment of an administrator

  • the administrator’s investigation and report

  • the administrator’s statement 

  • deed of company arrangement.

For receivership, this can include:

  • evidence of appointment of a receiver

  • receipts lodged to Australian Securities and Investments Commission (ASIC) for collected and sold secured assets

  • receipts lodged to ASIC for payments made.

For other insolvency processes, this can include:

  • evidence of insolvency, insolvency risks, or safe harbour arrangements

  • response to and management of insolvency or insolvency risks.

Section 6: Financial relationship

These questions relate to sections 109(1)(b)(vi) and (c) of the Aged Care Act 2024

Questions 6.1 to 6.4

If you are registered as a registered provider, you will have financial obligations to the Australian Government and older people. This includes managing government funding appropriately to ensure that you deliver safe and high-quality care.

Questions 6.1 to 6.4 inform us as to whether you are financially reliant on an external entity.

For franchise arrangements, see the explanatory note for Part D: Franchise.

If you are financially reliant on an external entity, this could:

  • impact your financial viability (e.g., adding to your operating costs)

  • impact your ability to deliver aged care services (e.g., the intake of older people)

  • result in financial decisions being made by others who are not subject to aged care regulatory requirements.

For these reasons, we need to understand:

  • the extent of that financial reliance (given as a percentage of your total finances, including operating costs)

  • how the relationship between you and the external entity operates.

Details of the financial arrangements between you and an external entity can include:

  • information about the frequency of payments or repayments

  • the total amount of payments or repayments

  • where the cost of services or goods are being reimbursed, the nature of those services or goods

  • information about any loans (including from related parties)

  • any terms and conditions which may impact your ability to deliver aged care services. 

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Acknowledgement of Country

In the spirit of reconciliation, the Aged Care Quality and Safety Commission acknowledges the Traditional Custodians of Country throughout Australia and their connections to land, water and community. We pay our respect to their Elders, past, present and emerging and extend that respect to all Aboriginal and Torres Strait Islander peoples. 

Aboriginal and Torres Strait Islander readers are advised that content on this website may contain images of deceased persons.