Section 3.1: Arrangements for all categories
Questions 3.1.1 to 3.1.2
Explanatory Note
Your response to these questions helps us to understand the extent of any effect that a revocation of your registration will have on older people who access related services from you (if any). It will also inform us about your plans to manage any risks associated with those services no longer being provided.
We will only make a decision to revoke your registration if there are appropriate arrangements in place to ensure continuity of care for older people that you are delivering funded aged care services to (if any).
Evidence
For question 3.1.1, provide a reasonable estimate of how many older people will be affected if the revocation is approved. This estimate may be informed by the number of older people:
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who are accessing funded aged care services from you and will experience a difference in their usual service delivery
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who are not currently accessing funded aged care services from you but have plans to.
For question 3.1.2, your explanation should include:
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the processes you followed to determine the number you gave for question 3.1.1
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an assessment of the impact on each affected older person or group of older people
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your processes for mitigating against the risk of any adverse impacts, including any contingency arrangements
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any other relevant information.
You may include attachments to support your response.
Question 3.1.3
Explanatory Note
Your response to this question needs to demonstrate that you:
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understand all the notice requirements under the Aged Care Act 2024 that relate to stopping all the funded aged care services you currently deliver
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have arrangements in place to ensure you meet those notice requirements.
Depending on your circumstances, you may need to provide notice of various matters to different parties which may include:
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us
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the Department of Health, Disability and Ageing
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older people you deliver services to
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others.
Example
ABC Pty Ltd, a registered provider, delivers services only under Category 4: Personal care and care support in the home or community. ABC Pty Ltd intends to request that their registration be revoked. ABC Pty Ltd understands that a change in circumstances notification must be submitted to us about this within 14 days and arranges to do so.
Later, ABC Pty Ltd requests to have their registration revoked. We approve this request. ABC Pty Ltd understands that they must provide a cessation notification to affected older persons and that this must also be given to us and the Department of Health, Disability and Ageing within 28 days after those services stop. ABC Pty Ltd also arranges to do this within time.
Section 3.2: Arrangements for categories 4, 5 or 6
Questions 3.2.1 to 3.2.3
Explanatory Note
We will only make a decision to revoke your registration if there are appropriate arrangements in place to ensure continuity of care for older people that you are delivering funded aged care services to (if any).
These arrangements must be compatible with the Statement of Rights.
Evidence
Your responses should describe how you will:
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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)
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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)
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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)
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identify risks and managed them (e.g., ensuring older people from culturally diverse backgrounds can continue to communicate in their preferred language).
If you are registered in Category 6: Residential care (including respite), you should specifically address:
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the above matters for each approved residential care home(s) of yours
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what you will do with the home(s) (e.g., request to revoke its approval or apply to remove it from your registration so that it can be added to another provider’s registration).
You should provide at least 3 deidentified examples of continuity of care plans for older people affected by a revocation of your registration (e.g., separate plans for categories 4, 5 and 6). You may also include other attachments to support your response.
Section 3.3: Arrangements for category 6
Question 3.3.1
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:
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have security of tenure at a home maintained; or
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be transitioned to other appropriate services.
Evidence
Your response may differ depending on whether you are:
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requesting to revoke the approval of your residential care home(s)
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applying to remove the approved residential care home(s) from your registration so that it can be added to another provider’s registration.
It is possible that you may be engaging in both processes if you have multiple approved residential care homes.
If the approval of a home is being revoked, your response may include how you will:
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ensure the removal of the older person from the home is permitted under the Aged Care Act 2024 and related laws
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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
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assess the older person’s needs
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notify the older person (including making their rights clear to them)
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prepare a continuity of care plan for the older person.
If the home is being removed from your registration and added to another provider’s registration, let us know if older people residing at the home will:
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leave the home – consider the guidance above relating to the revocation of an approval of a home
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remain there – see the guidance below.
In relation to older people remaining at the home, your response may include details about your:
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application to remove the home from your registration
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engagement with the other provider (e.g., in relation to the timing of transition arrangements, the sharing of records relating to the older person such as care plans, and making them aware of security of tenure requirements).
You may include attachments to support your response (e.g., continuity of care plans).
Question 3.3.2
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 your registration, we need to understand how you will ensure that you meet your financial and prudential obligations up until your intended date of revocation.
Evidence
Your response may include:
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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)
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a description of how those payments and refunds will be made (e.g., timing or if you need to liquidate assets)
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your understanding of any related notice requirements (not just notifications to us)
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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).