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Providers registered in any registration category must use this form to notify the Commission of this type of change in circumstances.

The guidance for this smart form does not cover questions, such as those relating to identification or contact details, which are self-explanatory.

If the change to your suitability relates to changes to your legal or business structure, complete the Significant change in the organisation or governance arrangements of the provider form.

Section 1: Type of change

This question relates to sections 109(1)(b) and 167(3)(a) of the Aged Care Act 2024

Question 1.1

Explanatory Note
  • Select the relevant change(s) being notified and ensure the relevant Section(s) is completed for each selection
  • A change to your suitability to be 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. 
     

Section 2: Aware of change

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Provide relevant attachments to support your responses in this section, including a copy of an external assessment that evidences any non-compliance, remediation and finding of a return to compliance.

These questions relate to sections 109(1)(b) and 167(3)(a) of the Aged Care Act 2024

Questions 2.1 and 2.2

Explanatory Note
  • Provide date on which a responsible person of the provider first became aware of the change in circumstances
  • Describe the circumstances or event(s) through which you became aware of the change
     
Evidence
  • Court/tribunal decision

  • Notice of compliance or enforcement action

  • Notice of NDIS banning order 

  • Notice of NDIS suspension

  • Notice of NDIS revocation

  • Any other documents to support your response

Section 3: Non-compliance

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You are required to comply with your obligations as a registered provider under the Aged Care Act 2024 and Aged Care Rules 2025, as well as any conditions on your provider registration.

These questions relate to sections 109(1)(b)(i) and 167(3)(a) of the Aged Care Act 2024

Questions 3.2 to 3.4

Explanatory Note

In answering these questions, consider the following: 

  • Identify who made the finding

  • Detail the circumstances surrounding the non-compliance, including type of non-compliance and the relevant legislation
  • Detail the impact of the non-compliance issue and any enforcement action (by whom and reasoning) on your organisation, and on the delivery of aged care services

Detail actions taken to remedy non-compliance, review ongoing compliance and manage risk of repeated non-compliance

For question 3.4, ‘obligations’ also refers to your conditions of registration as a registered provider. In this question, detail the steps you are taking, or plan to take, to meet your obligations and conditions of registration as a registered provider. 

You may use this form to capture separate findings of non-compliance that occur on the same date. However, if there are separate findings of non-compliance occurring on different dates, please complete a new smart form for each finding. 

Evidence
  • Policies or procedures in place to manage risk of re-occurrence of the non-compliance incident(s)

  • Any other documents to support your response

Section 4: NDIS banning order

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Provide relevant attachments to support your responses in this section, including a copy of the banning order.

These questions relate to sections 109(1)(b)(ii) and 167(3)(a) of the Aged Care Act 2024

Questions 4.2 to 4.4

Explanatory Note

You must disclose whether an NDIS banning order issued by the NDIS Quality and Safeguards Commission, has ever been made against you.

You must make this disclosure even if the order is no longer in force.

This information is relevant to your suitability to deliver funded aged care services.

If you need to explain a banning order or NDIS banning order, your explanation should include:

  • when the order was made

  • the period of effect of the order (including if it is indefinite) 

  • what the order applies to (e.g., only specified NDIS activities) 

  • the reasons for the order (e.g., explanation of the incident(s))

  • relevant legislative references (e.g., to the National Disability Insurance Scheme Act 2013)

  • any other relevant information, such as persons involved and their role, including if any compliance or enforcement actions were also taken (and by whom) against the person as an individual

If the banning order or NDIS banning order is no longer in force, also provide detail on: 

  • when this occurred

  • the reasons why it is no longer in force

  • any relevant actions taken by you (e.g., to address previous non-compliance)

  • any processes you have in place to monitor and ensure ongoing compliance with your legal obligations (e.g., to the National Disability Insurance Scheme Act 2013).

Evidence
  • Notice of NDIS banning order

  • Any policy or procedures in place to manage risk of re-occurrence of the misconduct(s) that led to the banning order

  • Any other documents to support your response

Section 5: Suspension of NDIS registration

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Provide relevant attachments to support your responses in this section, including a copy of the suspension notice.

These questions relate to sections 109(1)(b)(iv) and 167(3)(a) of the Aged Care Act 2024

Questions 5.2 to 5.4

Explanatory Note
  • Provide the reason that a suspension was issued, including relevant sections of the National Disability Insurance Scheme Act 2013

  • Detail the circumstances that led to the suspension

  • Detail the impact of suspension on care services being provided, including on continuity of care

  • If the suspension is still in place: 

    • Identify actions to be implemented or currently being taken to remedy reasons for suspension

  • If the suspension has since been lifted:

    • Identify the date and reason for the suspension being lifted

    • Detail the actions taken to address reasons for suspension

  • Detail the processes in place to review ongoing compliance with the NDIS Act and manage risk of future suspension

Evidence
  • Notice of suspension
  • Notice of suspension being lifted
  • Any policy or procedures in place to manage risk of re-occurrence of the issue(s) that led to suspension
  • Any other documents to support your response
     

Section 6: Revocation of NDIS registration

These questions relate to sections 109(1)(b)(iii) and 167(3)(a) of the Aged Care Act 2024

Questions 6.2 to 6.4

Explanatory Note

If your NDIS registration has ever been revoked, you must provide detail on the following: 

  • the date of effect of revocation
  • the reasons for the revocation (e.g. explanation of the incident(s))
  • the impact of the revocation on care services being provided, including on continuity of care
  • relevant legislative references (e.g. to the National Disability Insurance Scheme Act 2013)
  • a description of the impact that the revocation had on care services being provided, including matters related to the continuity of care 

 

If the revocation is still in place, identify actions to be implemented, or currently being taken, to remedy reasons for revocation. 

 

If the revocation has since been lifted: 

  • the date of effect of revocation
  • detail the actions taken to address the revocation

 

Detail the processes that are in place to review ongoing compliance with the National Disability Insurance Scheme Act 2013 and manage risk of future revocation.

Evidence
  • Notice of revocation
  • Notice of revocation being lifted
  • Any policy or procedures in place to manage risk of re-occurrence of the issue(s) that led to revocation
  • Any other documents to support your response