Skip to main content

Section 1 to Section 3

These questions relate to section124(1)(c) and 143 of the Aged Care Act 2024

Questions 1.1 to 3.3

Explanatory Note

If there are more than 3 conditions that you would like to apply to have varied, include an attachment that addresses the same questions for those other conditions. 

You can only apply to vary a condition that was imposed under section 143 of the Aged Care Act 2024. These are conditions that are imposed based on a decision made by the Commission and not conditions of registration that automatically apply to you under the Aged Care Act 2024.

Your response to these questions helps us to understand how you would like a condition of your registration to be varied and whether that variation is appropriate in all the circumstances.

We ordinarily impose a condition on a provider’s registration to assist with the management of risks, harms or issues in the delivery of aged care services. Accordingly, we will consider the circumstances around such risks, harms or issues before deciding to vary or not vary a condition.

Evidence

When stating the condition that you are applying to have varied, use the exact same words used in the Provider Register as published on our website. This helps us to identify the correct condition.

When stating how you would like the condition to be varied, be clear on how this differs from the original condition and how the varied condition should be described. For example, if the condition states that you can only provide: 

  • services in 2 local government areas, you can request a specific local government area(s) to be added 

  • 2 service types within Category 4, you can request for a specific service type(s) to be added.

Your reasons for the variation should relate directly to the original condition and why it was imposed. This may include:

  • changes to the circumstances around the issues the original condition was designed to address (e.g., a significant reduction in risks, harms or issues related to the condition)

  • what action you have taken to comply with the original condition and the effect this has had (e.g., substantial and sustained compliance with additional reporting requirements which improved transparency) 

  • an assessment showing that the condition as varied is more proportionate to current circumstances around risks, harms or issues than the original condition

  • any other relevant information.

You may include attachments to support your response (e.g., audit and external review documents).