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These questions relate to section 129(6) of the Aged Care Act 2024

Questions 3.1 to 3.3 

Explanatory Note

Your response to these questions helps us to understand the extent of any effect that a suspension 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 not being provided for the duration of the suspension period.
We will only make a decision to suspend 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, your response should be based on the number of older people you are currently delivering funded aged care services to.

For question 3.2, provide a reasonable estimate of how many older people will be affected if the suspension is approved. This estimate may be informed by the number of older people:

  • specified in your response to question 3.1 who will experience a difference in their usual service delivery

  • who are not currently accessing funded aged care services from you but have made plans to.

For question 3.3, your explanation should include:

  • the processes you followed to determine the number you gave for questions 3.1 and 3.2

  • an assessment of the impact on each affected older person or group of older people

  • your processes for mitigating against the risk of any adverse impacts, including any contingency arrangements 

  • any other relevant information. 

You may include attachments to support your response.

Arrangements to manage suspension

This question relates to sections 149 and 167 of the Aged Care Act 2024 and corresponding sections of the Aged Care Rules 2025

Question 3.4 

Explanatory Note

Your response to this question needs to demonstrate that you:

  • understand all the notice requirements under the Aged Care Act 2024 that relate to stopping any of the funded aged care services you currently deliver for the period of the suspension

  • 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:

  • us

  • the Department of Health, Disability and Ageing 

  • older people you deliver services to

  • others. 

Providers registered in category 4, 5 or 6

These questions relate to sections 23, 129(6) and 149(g) of the Aged Care Act 2024

Questions 3.5 to 3.7 

Explanatory Note

We will only make a decision to suspend 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 response to question 3.5 will be about any older person that will transition to a new provider.

Your response should describe how you will:

  • support the older person in that transition so they can 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).

Your response to questions 3.6 and 3.7 will be about all older people referred to at questions 3.1 and 3.2, regardless of whether they will continue to access services from you during the suspension period, or transition to a new provider. Your response should describe how you will:

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

  • identify risks during the suspension period and managed them (e.g., ensuring that you have sufficient finances to continue delivering services throughout the suspension period in the absence of Commonwealth funding).  

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.

Providers registered in category 6 only

This question relates to sections 129(6) and 149 of the Aged Care Act 2024 and corresponding sections of the Aged Care Rules 2025

Question 3.8

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 suspend 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

If an older person is being transitioned to another provider, 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.

If an older person is not being transitioned to another provider during the suspension period, your response may include details about your:

  • plan to continue operating the approved residential care home during the suspension period and after it ends. Use the dates you provided at questions 2.2 and 2.3 for this purpose.

You may include attachments to support your response (e.g., continuity of care plans).

This question relates to section 129(6) of the Aged Care Act 2024

Question 3.9

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 suspend your registration, we need to understand how you will ensure that you meet your financial and prudential obligations during the suspension period.  

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 older people transition to other providers (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).