Workers are the foundation of safe, high-quality aged care. When we say worker, we mean an ‘aged care worker’ or ‘responsible person’ who works for a registered provider. These roles are defined in the Aged Care Act 2024.
You can be an aged care worker and a responsible person at the same time.
When you work in aged care it’s important you understand your responsibilities and obligations.
Aged care worker
An aged care worker delivers aged care services and is:
- employed, engaged or contracted by a registered provider (including as a volunteer)
- employed by an associated provider of a registered provider under associated provider’s arrangements with the registered provider
- a registered provider, for example, where the worker is a sole trader.
Examples of aged care workers
Aged care workers include:
- support workers, personal care workers, lifestyle coordinators and care companions
- allied health professionals
- kitchen, laundry, garden, maintenance and office staff
- service coordinators and case managers
- independent contractors (including health professionals)
- volunteers who deliver care, supports and services to older people.
Responsible person
A responsible person means for all providers:
- a person who is a registered nurse and has responsibility for managing the nursing services
- any person who is responsible for the day-to-day operations of a residential care home or service delivery branch.
A responsible person for non-government entities also includes:
- a person who is responsible for the executive decisions of the registered provider
- a person who has authority and responsibility, or significant influence, over planning, directing or controlling the activities of the provider.
Examples of responsible persons
Responsible persons include:
- people responsible for nursing services who have a nursing qualification (including directors of nursing and nurse managers)
- executive managers
- chief executive officers
- board members
- service and facility managers.
Aged care worker obligations
Aged care workers:
- must comply with the Aged Care Code of Conduct
- mustn’t threaten or harm a person who has provided feedback or made a complaint about things that concern them about funded aged care services
- mustn’t share the identity of people who give feedback or make a complaint, except with their responsible person and/or registered provider, in line with their providers training and policies
- mustn’t give false or misleading information in applications, claims and requests.
Responsible person obligations
Responsible persons:
- must use due diligence to make sure the provider doesn’t cause adverse (negative) effects to the health and safety of people receiving aged care. This is known as the Statutory Duty
- must comply with the Aged Care Code of Conduct
- must not threaten or harm a person who has provided information about a concern that qualifies for whistleblower protections under the Aged Care Act
- must not share the identity details of people who have provided information about a concern that qualifies for whistleblower protections under the Aged Care Act
- must let the provider know if they learn of a change in circumstances that affects if they’re suitable to be a responsible person
- must comply with the Grantee Code of Conduct when using financial assistance
- mustn’t give false or misleading information in applications, claims and requests.
Complying with your obligations
If workers don’t comply with these obligations, we can impose actions to deal with it. We can do this through their provider or directly with them.
How we address concerns about workers explains more about how we deal with concerns about workers.
Support to comply with your obligations
Aged care workers and responsible persons play an important role in keeping older people safe, healthy and well.
To do this, you need support from your provider and from us.
Your provider should support you to meet your obligations. This includes making sure you:
- know your obligations (including complying with the Code)
- can easily access the policies and procedures you need
- have education and training to help you understand your job, meet your obligations, provide quality care and grow in your role.
The Code is also there to support you. It sets clear guidelines for how to:
- treat older people with respect and care
- make safe and fair decisions
- respond to difficult situations
- protect the wellbeing of older people.
Providers must give you access to training and support so you can:
- understand your obligations
- provide quality care
- grow in your career.
If your provider hasn’t provided education and training on your obligations, speak to your provider, your union or contact us.
We also have education and training to support you in meeting your obligations.
You can find more information about our workshops and online learning in education and training for workers.
You can also access resources to help you understand changes under the new Aged Care Act, how they affect your work and what you need to be aware of working in aged care.