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.

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 your registration as a registered provider is renewed, you will continue to 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 C: 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.

Question 1.1 requires you to identify each provider registration category that you intend to:

• register in (these are categories that you are not currently registered in)

• renew your registration in (these are categories that you are currently registered in and intend to remain registered in) 

• not renew your registration in (these are categories that you are currently registered in and do not intend to remain registered in)

• not apply for (these are categories that you are not currently registered in and do not intend to apply for).

A selection from the options above is required for each of the 6 provider registration categories.  

For each provider registration category that you intend to register or renew your registration in, you will need to complete the corresponding category specific requirements questions. These can be found after ‘Appendix 1: Suitability matters’ in the renewal application form.

For example, if you have applied to register or renew registration for ‘Category 1: Home and community services’ you will need to complete the questions in ‘Category 1 specific requirements’.

Questions 1.3 and 1.4 require you to select the:

• service groups you plan on delivering services through

• specialist aged care programs you plan on delivering services through.

Specialist aged care programs

If you are providing or preparing to provide aged care services in one or more of the specialist aged care programs, you may be eligible to apply for funding support.

The Australian Government provides support in the form of subsidies and supplements, capital grants and program funding to help to ensure equitable access to aged care services for all older Australians. More information can be found on the Australian Government Department of Health, Disability and Ageing website.

You must indicate whether you are delivering or preparing to deliver services through an aged care digital platform.

An aged care digital platform is an online enabled application, website or system operated to facilitate the delivery of services in the Commonwealth aged care system (regardless of whether the services are government-subsidised or self-funded) by:

• connecting older people seeking aged care services with entities providing these services 

• managing the financial aspects of these aged care services (e.g., processing fees for the facilitation of these services). 

Aged care digital platform operators have specific obligations under the Aged Care Act 2024.

No additional guidance is provided for this question. 

See further below for guidance on the following forms that you may need to complete depending on your response to this question:

• Add an associated provider

• Remove an associated provider

• Changes to an associated provider’s service delivery.

Ensure that your responses to these questions only include information that has not been given to us in a previous:

• Application for registration

• Application for renewal of registration

• Change in circumstance notification.  

This means your responses should relate to information or updates to your circumstances which have not been previously disclosed to us. 

A change affecting your suitability to remain registered as a registered provider is not limited to things that negatively affect your suitability. A change also includes things that improve your suitability to deliver funded aged care services. 

Your suitability to remain a registered provider is assessed by reference to a range of different factors. These factors include:

Compliance with any Commonwealth, State or Territory law (including history of non-compliance)

Provide any undisclosed details about the systems and processes that you use to understand and comply with any Commonwealth, State or Territory laws where you operate. This includes your legal obligation to act compatibly with the Statement of Rights in the design and delivery of funded aged care services. Laws that are not directly about aged care are also relevant here. 

If you have not complied with those laws, you must disclose this and explain the circumstances around it. This includes any enforcement action taken against you.

Banning orders and NDIS banning orders 

Provide any undisclosed details about:

• banning orders issued against you that were issued by us

• NDIS banning orders issued against you that were issued by the NDIS Quality and Safeguards Commission. 

Suspension or revocation of NDIS registration other than at your request

Provide any undisclosed details about:

• suspensions of your current registration as a NDIS provider

• a revocation of your previous registration as a NDIS provider

other than at your request.

Experience in delivering aged care services in your intended service types or similar services

Provide any undisclosed details about events that you were involved in or observed that affected your knowledge, skills and abilities related to the delivery of aged care services in your intended service types or similar services. For example, a description of how a serious incident was addressed and how it led to sustained improvements in your clinical management practices.

No additional guidance is provided for these questions. Refer to the application form for instructions.

If you are applying in registration Category 6: Residential care you must deliver all the service types within that category.

For guidance on other questions specific to this category, please see Guidance applicable to Category 1 - 6 specific requirements.

Your response to this question helps us to understand how you will handle the refundable deposits (RDs) of older people you are delivering residential aged care services to. RDs are a significant financial obligation and must be managed in accordance with legal, ethical, and financial standards to protect the interests of older people and maintain public trust.

Your response should include the policies, procedures and systems you have in place to manage RDs. This includes how you will:

• accept and hold RDs, including the process for offering RD and daily accommodation payment options

• ensure an older person’s net assets remain above the minimum permissible asset value

• comply with relevant requirements (e.g., sections 307 and 308 of the Aged Care Act 2024), particularly in relation to the deduction of fees or amounts from the RD balance, including retention amounts

• manage deductions and compliance with permitted uses and how this is communicated to older people or their representatives

• process refunds of RD balances within required timeframes and determine if and when interest is payable

• manage the transfer of balances of RDs where an older person moves to another approved residential aged care home operated by a different registered provider

• implement financial controls and management systems, including reconciliation, internal reviews and appropriate oversight

• structure invoice, payment and service reconciliation processes to support accurate financial management

• handle payment disputes fairly, promptly and in line with internal dispute resolution processes

• communicate clearly with older people or their representatives, ensuring they understand their rights and obligations related to RDs, including through written agreements and accessible information.

• ensure governance oversight of RD management by your board (if applicable), including regular reporting.

You need to complete this form if you started arrangements with a new associated provider (see Section 3: Changes to associated providers in Part D: Service delivery). 

Your response to these questions helps us to understand changes to your business structure.

An associated provider is an entity that you have an arrangement with to deliver funded aged care services on your behalf. This includes an entity that is also a registered provider themselves.

You will be legally responsible for the conduct of your associated provider in the delivery of funded aged care services. This means that you can be found to have not complied with the Aged Care Act 2024 based on the conduct of your associated provider, even if they are a registered provider themselves.

Note: If your registration includes provider registration categories 4, 5 and/or 6, any changes to your arrangements with your associated providers in relation to those categories must be notified to us via a Change in circumstances notification (for more information see here).

Your response to these questions helps us to understand whether you have certain legal relationships with your associated provider. This includes, but is not limited to:

• you both being subsidiaries of the same parent or holding company

• you being the parent or holding company of your associated provider.

Your response to these questions helps us to understand how funded aged care services will be delivered under the arrangement between you and your associated provider.

No additional guidance is provided for this question. Refer to the application form for instructions.

Your response to these questions helps us to understand the broader aspects of your relationship with your associated provider and how this may affect their delivery of the service types that you specified in Section 5: Service delivery.

The types of relationships that should be described here include, but are not limited to:

• joint ventures

• partnership arrangements

• supplier relationships

• strategic alliances.

Your response to this question helps us to understand what systems you have, or will have, to manage your associated provider so that funded aged care services are delivered in accordance with the Aged Care Act 2024. This is because, as a registered provider, you are responsible for ensuring your associated provider complies with relevant obligations, even if they are a registered provider themselves.

The relevant obligations that these management systems will relate to depends on the types of services that your associated provider will deliver on your behalf which you specified in Section 5: Service delivery. This may include, but is not limited to, ensuring your associated provider: 

• acts compatibly with the Statement of Rights

• complies with the Aged Care Quality Standards 

• complies with the Code of Conduct for Aged Care 

• gives effect to the Statement of Principles

• follows worker screening requirements

• understands the Serious Incident Response Scheme and how to use it

• acts compatibly with your statutory duty of care.  

Your response to these questions helps us to understand whether your associated provider is also one of your responsible persons and the impact this may have on your management, executive decision-making, and governance. 

To deliver funded aged care services in Category 6: Residential care, you will need to have at least one approved residential care home. 

Whether you are already registered in Category 6 or applying to add Category 6 to your registration, your response to this question helps us to understand whether you are adding a residential care home(s) that is either:

• already approved; or 

• not yet approved (i.e., you are also applying to have it approved alongside your application to renew your registration). 

No additional guidance is provided for these questions. Refer to the application form for instructions.

Your response to this question helps us to understand how an existing approved residential care home will be transferred to you from another registered provider. This information is needed so that we can be sure there are appropriate arrangements to ensure continuity of care for any older people affected by that transfer. 

These arrangements must be compatible with the Statement of Rights.

No additional guidance is provided for this question. Refer to the application form for instructions.

You need to complete this form if you ceased arrangements with an existing associated provider (see Section 3: Changes to associated providers in Part D: Service delivery). 

Your response to these questions helps us to understand changes to your business structure.

Note: If your registration includes provider registration categories 4, 5 and/or 6, any changes to your arrangements with your associated providers in relation to those categories must be notified to us via a Change in circumstances notification (for more information see here).

Your response to these questions helps us to understand the circumstances around why another entity is no longer your associated provider. For example, you may have made arrangements with a different entity to provide services on your behalf and have added them as an associated provider (see Add an associated provider form).

You must also describe the impact, and any anticipated impact, the removal of the entity as your associated provider has had, or will have, on your delivery of funded aged care services. For example:

• details about any disruptions to the care received by older people once the entity no longer provided services on your behalf 

• whether you have undertaken to provide the services that the entity used to provide on your behalf or engaged a new associated provider to do so. 

You need to complete this form if you have changed arrangements with your associated provider (see Section 3: Changes to associated providers in Part D: Service delivery). 

Your response to this question helps us to understand changes to your business structure. 

Note: If your registration includes provider registration categories 4, 5 and/or 6, any changes to your arrangements with your associated providers in relation to those categories must be notified to us via a Change in circumstances notification (for more information see here).

You must provide detail about how the funded aged care services delivered by the associated provider on your behalf have changed. This may include the associated provider:

• providing additional service types on your behalf 

• no longer providing a service type of your behalf

• changing their scope of service delivery (e.g., no longer delivering services in a particular location or scheduling changes)

• delivering services for an extended period due to an amendment to the original arrangements.

You must also provide detail about how you will ensure that your responsibility to deliver funded aged care services within your intended service types is not negatively affected.