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Section 1: Residential care home details

These questions relate to section 138(2) of the Aged Care Act 2024

Questions 1.1 to 1.2

Explanatory Note

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

These questions relate to sections 138(2) and (3) of the Aged Care Act 2024

Questions 1.3 to 1.4

Explanatory Note

The date that you provide in your response is the date that you intend for the revocation of the approval of the residential care home to take effect. However, the revocation of the approval is decision that will be made by us. If we decide to revoke the approval, the date that decision takes effect may be different from the date you have specified.

It is important that we also understand your reasons for requesting to have the approval of the home revoked. This will inform our assessment as to whether you have appropriate arrangements to ensure continuity of care for older people at the home.  

Evidence

Your response to question 1.4 should include:

  • details about the reasons for your request (e.g., also applying to remove Category 6 from your registration, financial viability issues related to the home, etc.)

  • why alternative action is not appropriate (e.g., removing the home from your registration so that it can be sold to another provider)

  • any other relevant information. 

You may also include attachments to support your response (e.g., documents related to being unable to sell the home).

Section 2: Older people affected by removing residential care home from registration

These questions relate to section 138(3) of the Aged Care Act 2024

Questions 2.1 to 2.2 

Explanatory Note

We will only make a decision to revoke the approval of a residential care home if there are appropriate arrangements in place to ensure continuity of care for older people at the home. 

To assess whether there are appropriate arrangements, we need to understand how many older people you deliver funded aged care services to at the home and how many may be affected if the approval of the home is revoked.

Evidence

For questions 2.1 and 2.2, the numbers you provide may be informed by the number of older people:

  • who are accessing funded aged care services from you at the home (including people accessing respite services) 

  • who are not currently accessing funded aged care services from you at the home but have plans to (e.g., they have reserved beds). 

These questions relate to sections 23, 138(3) and 149(g) of the Aged Care Act 2024

Questions 2.3 to 2.5

Explanatory Note

We will only make a decision to revoke the approval of a residential care home if there are appropriate arrangements in place to ensure continuity of care for older people at the home.

 

These arrangements must be compatible with the Statement of Rights.

Evidence

Your responses should describe how you will:

  • identify all relevant factors affecting the continuity of care for an older person (e.g., assessing ongoing care needs, including consulting with older people to understand their needs and perspectives)

  • support older people to transition to another provider of aged care services to obtain the care they need (e.g., identifying alternative providers, making the older person aware of them, and empowering the older person in their choice of what services they access)

  • engage with that other provider (e.g., in relation to the timing of transition arrangements and the sharing of records relating to an older person such as care plans)

  • identify risks and managed them (e.g., ensuring older people from culturally diverse backgrounds can continue to communicate in their preferred language).

You should provide at least 3 deidentified examples of continuity of care plans for older people affected by a revocation of the approval of the home. You may also include other attachments to support your response.

This question relates to section 149 of the Aged Care Act 2024 and corresponding sections of the Aged Care Rules 2025

Question 2.6 

Explanatory Note

An older person residing at an approved residential care home has security over their tenure at the home. This means that a provider cannot take action to make the older person leave the home, or imply that they must leave the home, except under specific circumstances. 

 

You must act compatibly with an older person’s security of tenure at an approved residential care home and requirements under the Aged Care Act 2024. 

 

When assessing your request to revoke your registration, we need to understand how you will ensure affected older people will:

  • have security of tenure at a home maintained; or
  • be transitioned to other appropriate services. 
Evidence

Your response may include how you will:

  • ensure the removal of the older person from the home is permitted under the Aged Care Act 2024 and related laws

  • ensure suitable and affordable alternative accommodation is available to the older person with another provider who can suit their needs or in a place more suited to their long-term needs

  • assess the older person’s needs 

  • notify the older person (including making their rights clear to them)

  • prepare a continuity of care plan for the older person.

Provide relevant attachments that demonstrate processes to ensure security of tenure.

This question relates to section 138(3) of the Aged Care Act 2024

Question 2.7  

Explanatory Note

You must have adequate cash-on-hand (liquidity) to meet your financial and prudential obligations. These include an obligation to refund an older person’s accommodation payment or refundable accommodation deposit when ceasing services to that person. 

 

When assessing your request to revoke the approval of a residential care home, we need to understand how you will ensure that you meet your financial and prudential obligations up until the date of revocation. 

Evidence

Your response may include:

  • the process you will use to identify and calculate the payments and refunds that you are required to make if your registration is revoked (e.g., refunds of accommodation deposits)

  • a description of how those payments and refunds will be made (e.g., timing or if you need to liquidate assets)

  • your understanding of any related notice requirements (not just notifications to us)

  • any other relevant matters.

You may include attachments to support your response (e.g., your Liquidity Management Strategy, bank statements, a current statement of financial position, documents about lines of credit).