Aged Care Rules 2025

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Aged Care Rules 2025

In force Administered by
- Department of Health, Disability and Ageing
This item is authorised by the following title:

• Aged Care Act 2024 Latest version View as made version F2026C00300 C03 20 March 2026 - 22 March 2026

View document Legislative instrument Filter active Table of contents
- Chapter 1—Introduction
- Part 1—Preliminary
- 1-5 Name
- 3-5 Authority
- 4-5 Simplified outline of this instrument
- Part 2—Definitions
- Division 1—Definitions—general
- 5-5 Definitions
- 6-5 References to actions taken or statements given
- 6-15 Nominating restrictive practices nominees
- 6-20 Meaning of restrictive practices substitute decision-maker
- Division 2—Matters prescribed for definitions in section 7 of the Act
- 7-1 Accommodation bond
- 7-2 Accommodation bond balance
- 7-3 Accommodation charge
- 7-8 Approved needs assessors
- 7-11 Cost
- 7-12 Direct care
- 7-13 Entry contribution
- 7-14 Entry contribution balance
- 7-17 Entry day
- 7-19 Homeowner
- 7-20 Lifetime cap
- 7-21 Price charged
- 7-22 Serious injury or illness
- 7-23 Service delivery branch
- Part 3—Aged care service list
- Division 1—Preliminary
- 8-5 Aged care service list
- 8-10 Subsidy basis
- 8-12 Service types
- Division 2—Home support service types
- 8-15 Allied health and therapy
- 8-20 Assistance with transition care
- 8-25 Care management
- 8-30 Community cottage respite
- 8-35 Domestic assistance
- 8-40 Hoarding and squalor assistance
- 8-45 Home maintenance and repairs
- 8-50 Home or community general respite
- 8-55 Meals
- 8-60 Nursing care
- 8-65 Nutrition
- 8-70 Personal care
- 8-75 Restorative care management
- 8-80 Social support and community engagement
- 8-85 Therapeutic services for independent living
- 8-90 Transport
- Division 3—Other specified matters for home support service types
- 8-95 All service types must be delivered in a home or community setting
- 8-100 Other specified matters—service types that can only be delivered under specialist aged care programs
- 8-105 Other specified matters—other service types
- Division 4—Assistive technology service types
- 8-110 Equipment and products
- Division 5—Other specified matters for assistive technology service types
- 8-115 All service types must be delivered in a home or community setting
- 8-120 Other specified matters for assistive technology service types
- Division 6—Home modifications service types
- 8-125 Home adjustments
- Division 7—Other specified matters for home modifications service types
- 8-130 All service types must be delivered in a home or community setting
- 8-135 Other specified matters for home modifications service types
- Division 8—Residential care service types
- 8-140 Residential accommodation
- 8-145 Residential everyday living
- 8-150 Residential non-clinical care
- 8-155 Residential clinical care
- Division 9—Other specified matters for residential care service types
- 8-160 Service types must be delivered in a residential care home
- 8-165 Other specified matters for residential care service types
- Part 4—Other key concepts
- 11-5 Provider registration categories
- 11A-5 Delivery of funded aged care services
- Part 5—Aged Care Code of Conduct
- 14-1 Purpose of this Part
- 14-5 Requirements
- 14-10 Application of requirements
- Part 6—Aged Care Quality Standards
- Division 1—Purpose and application
- 15-1 Purpose of this Division
- 15-5 Application of standards
- Division 2—The standards
- 15-10 Standard 1—The individual
- 15-15 Standard 2—The organisation
- 15-20 Standard 3—The care and services
- 15-25 Standard 4—The environment
- 15-30 Standard 5—Clinical care
- 15-35 Standard 6—Food and nutrition
- 15-40 Standard 7—The residential community
- Part 7—Reportable incidents and restrictive practices
- Division 1—Reportable incidents
- 16-5 Defining and clarifying expressions relating to reportable incidents
- 16-10 Acts, omissions and events that are not reportable incidents—general
- 16-15 Acts, omissions and events that are not reportable incidents—use of restrictive practices in a home or community setting
- Division 2—Restrictive practices
- 17-5 Practices and interventions that are restrictive practices in relation to individuals
- Part 8—Supporters
- Division 1—Actions and duties of supporters
- 28-5 Role of guardians etc—prescribed classes of persons
- Division 2—Registration of supporters
- 37-5 Registration of supporters—matters the System Governor must take into consideration
- Chapter 2—Entry to the Commonwealth aged care system
- Part 1—Introduction
- 55-5 Simplified outline of this Chapter
- Part 2—Eligibility for entry
- Division 1—Applying for access to funded aged care services
- 56-5 Classes of persons who may apply on behalf of individuals
- 57-5 Period for deciding whether to make eligibility determinations
- 58-5 Information to be provided for eligibility determinations
- Division 2—Aged care needs assessments and reassessments
- Subdivision A—Aged care needs assessments
- 62-5 Assessment tool
- Subdivision B—Aged care needs reassessments
- 64-5 Significant changes in circumstances
- 64-10 Other circumstances
- 64-15 Information for reassessments in other circumstances
- Division 3—Approval of access to funded aged care services
- Subdivision A—General
- 65-5 Approval of services in service types for individuals
- 65-10 Eligibility requirements—service group home support
- 65-15 Eligibility requirements—service groups assistive technology and home modifications
- 65-20 Eligibility requirements—service group residential care
- 65-30 Period for making decisions
- Subdivision B—Period of effect of approval
- 71-5 Alternative entry—when access approval takes effect—circumstances and period for making application
- Part 3—Classification
- Division 1—Classification assessments
- 75-5 Circumstances in which classification assessment not required
- 76-10 Assessment tools and other requirements for classification assessments required under subsection 75(1) or (2) of the Act and carried out by approved needs assessors
- 76-15 Circumstances and information for classification assessments required under paragraph 75(1)(a) or subsection 75(2) of the Act and carried out by the System Governor
- 76-20 Circumstances and information for classification assessments required under paragraph 75(1)(b) of the Act (on application for classification reassessment) and carried out by the System Governor
- 76-25 Classification assessments for classification type ongoing for service group residential care—skills, qualifications and other requirements for approved needs assessors
- Division 2—Classification decisions
- Subdivision A—Period for making classification decisions
- 78-5 Period for making classification decisions
- Subdivision B—Period of effect of classification levels
- 80-5 Purpose of this Subdivision
- 80-10 Service group home support—classification type ongoing
- 80-15 Service group home support—classification type short-term
- 80-20 Service group assistive technology—classification type ongoing
- 80-25 Service group assistive technology—classification type short-term
- 80-30 Service group home modifications—classification type short-term
- 80-35 Service group residential care—classification type ongoing
- 80-40 Service group residential care—classification type short-term
- 80-45 Service group home support, assistive technology or residential care—classification type hospital transition
- Subdivision BA—Circumstances in which classification levels resume being in effect for a period
- 80-47 Purpose of this Subdivision
- 80-49 Circumstances in which classification levels resume being in effect for a period—service groups home support, assistive technology and home modifications
- Subdivision C—Maximum period of effect of classification levels
- 80-50 Purpose of this Subdivision
- 80-55 Service group home support—classification type short-term—classification level SAH restorative care pathway
- 80-57 Service group home support—classification type short-term—classification level SAH end-of-life pathway
- 80-60 Service group residential care—classification type short-term
- 80-65 Service group home support, assistive technology or residential care—classification type hospital transition
- Division 3—Classification levels and procedures
- Subdivision A—Introduction
- 81-5 Purpose of this Division
- 81-7 Meaning of home support compounding factors
- 81-8 Meaning of residential care compounding factors
- 81-9 Scientific population study for residential care compounding factors
- Subdivision B—Classification levels and criteria
- 81-10 Service group home support—classification type ongoing
- 81-15 Service group home support—classification type short-term
- 81-17 Service group home support—classification type hospital transition
- 81-20 Service group assistive technology—classification type ongoing
- 81-25 Service group assistive technology—classification type short-term
- 81-27 Service group assistive technology—classification type hospital transition
- 81-30 Service group home modifications—classification type short-term
- 81-35 Service group residential care—classification type ongoing
- 81-40 Service group residential care—classification type short-term
- 81-42 Procedure for deciding initial classification levels for individuals for the classification types ongoing and short-term for the service group residential care
- 81-45 Service group residential care—classification type hospital transition
- Part 4—Prioritisation
- Division 1—Prioritisation assessments
- 84-5 When prioritisation assessments not required for classification type ongoing for service group home support
- Division 2—Priority category decisions
- 86-5 All service groups—period in which priority category decisions must be made
- 86-10 Service group residential care—priority category 1—areas
- Division 3—Priority categories for classification types for service groups
- Subdivision A—Service group home support
- 87-5 Priority categories and eligibility criteria for classification type ongoing
- Subdivision B—Service groups assistive technology and home modifications
- 87-7 Priority categories and eligibility criteria
- Division 4—Circumstances for urgency ratings—service group residential care
- 87-10 Classification type ongoing
- Part 5—Place allocation
- Division 1—Allocation of places to individuals
- Subdivision A—Allocation of places to individuals
- 92-5 When allocation of places to individuals does not apply for classification type ongoing for service group home support
- 92A-5 When a place is in effect—period for start day—service groups home support, assistive technology and home modifications
- 92A-10 When a place ceases to have effect—service groups home support, assistive technology and home modifications
- Subdivision B—Method for allocation
- 93-5 Purpose of this Subdivision
- 93-10 Classification type ongoing for the service group home support—method for deciding order of allocation
- 93-12 Classification type ongoing for the service group home support—method for assigning places to priority categories
- 93-13 Classification type ongoing for the service group home support—method for working out wait time factor
- 93-14 Classification type ongoing for the service group home support—method for System Governor determination of target classification type wait time
- 93-15 Classification types ongoing and short-term for the service group assistive technology—method for deciding order of allocation
- 93-20 Classification type short-term for the service group home modifications—method for deciding order of allocation
- Division 2—Allocation of a place to registered providers for certain specialist aged care programs
- 95-5 Allocation of a place—System Governor may invite application for allocation of TCP place
- 95-10 Allocation of a place—application for allocation of a TCP place
- 95-15 Allocation of a place—matters of which System Governor must be satisfied before allocating TCP place
- 97-5 When a place is in effect—basic rules
- 97-10 When a place is in effect—temporary cessation
- 97-15 When a place is in effect—permanent cessation
- 97-25 When a place is in effect—reallocation of TCP place
- 98-5 Transfer of places
- 99-5 Conditions that apply to an allocated place
- 101-5 System Governor decision on whether to vary a condition—matters to which System Governor must have regard
- Chapter 3—Provider registration
- Part 1—Introduction
- 104-1 Simplified outline of this Chapter
- Part 2—Provider registration and residential care home approval process
- Division 1—Applications for registration and registration decisions
- Subdivision A—Application fees, information for applications and decision making periods
- 104-5 Application for registration—application fee
- 104-15 Application for registration—other information
- 105-5 Application for registration—period for making decision
- 107-5 Application for renewal of registration—application fee
- 108-5 Application for renewal of registration—period for making decision
- Subdivision B—Provider registration category specific requirements
- 109-5 Provider registration categories for which audit findings or prescribed circumstances are required
- 109-10 Circumstances in which audit findings are not required—health service standards assessments
- 109-15 Circumstances if audit finds nonconformance
- 109-25 Other requirements—delivery of funded aged care services in certain circumstances
- Division 2—Audit requirements
- Subdivision A—Purpose of this Division
- 110-5 Purpose of this Division
- Subdivision B—How audits must be conducted—general
- 110-13 Audit must be conducted
- Subdivision C—How audits must be conducted—assessments of approved residential care homes
- 110-26 Assessments—approved residential care homes
- 110-28 Preliminary assessment report of home assessment
- 110-30 Final assessment report of home assessment
- Subdivision D—How audits must be conducted—attendance at a service delivery location for home or community setting
- 110-32 Attendance at a service delivery location—home or community setting
- Subdivision E—How audits must be conducted—final audit report
- 110-38 Final audit reports
- Subdivision F—Type and scope of audits and other matters
- 110-40 Type and scope of audits for provider registration categories
- Subdivision G—Fees payable for an audit
- 110-45 Audit fee—audit in connection with registration
- 110-47 Audit fee—audit in connection with registration renewal
- 110-49 Audit fee—audit in connection with variation of registration
- 110-5 Audit fee—refunds
- Subdivision H—Audit timeframes
- 110-53 Audit timeframes for provider registration categories
- Division 3—Applications for approval of residential care homes
- 111-5 Application fee
- 111-10 Information for residential care homes
- 112-5 Period for making decision
- 113-5 Approval of residential care homes
- Division 4—Notice of decisions and other provisions
- 114-5 Other matters for notices of decisions to register or renew
- 117-5 Deemed registration—classes of entity
- 117-10 Deemed registration—other matters for determinations of deemed registration
- Part 3—Variations, suspensions and revocations of registration
- Division 1—Variations, suspensions and revocations
- 124-5 Application fee—variation to add provider registration categories
- 124-10 Application fee—variation to remove provider registration categories
- 133-5 Classes of persons who must not be appointed as eligible advisers
- 133-10 Matters to be taken into account in specifying period within which eligible adviser must be appointed
- Division 2—Variations, suspensions and revocations of approvals of residential care homes
- 136-5 Variation of approval on Commissioner’s own initiative—bed availability
- 137-10 Variation of approval on application by registered provider—bed availability
- Division 3—Provider Register
- 141-10 Other matters that must be included in the Provider Register—registered providers
- 141-15 Other matters that may be included in the Provider Register—former registered providers
- 141-20 Other matters that must be included in the Provider Register—responsible persons and aged care workers against whom banning orders are in force
- 141-22 Other matters that may be included in the Provider Register—responsible persons and aged care workers against whom banning orders were in force
- 141-25 Corrections of the Provider Register
- 141-30 Publication of the Provider Register
- Chapter 4—Conditions on provider registration
- Part 1—Introduction
- 142-1 Simplified outline of this Chapter
- Part 3—Rights and principles
- 144-1 Kinds of providers to which the conditions apply
- Part 4—Delivery of funded aged care services
- Division 1—Aged Care Quality Standards
- 146-5 Kinds of providers to which the condition applies
- Division 2—Continuous improvement
- 147-5 Kinds of providers that must demonstrate capability and commitment
- 147-10 Kinds of providers that must have a continuous improvement plan
- Division 3—Delivery of funded aged care services
- Subdivision A—Kinds of provider to which the condition applies
- 148-5 Kinds of providers to which the condition applies
- Subdivision B—Requirements for delivering funded aged care services
- 148-10 Purpose of this Subdivision
- 148-15 All registered providers—preventing damage to an individual’s property
- 148-20 Providers delivering services under provider registration category home and community services or personal and care support in the home and community—requirements for meals, snacks and drinks
- 148-25 Providers delivering services under provider registration category home and community services, assistive technology and home modifications or advisory and support services—requirements for service delivery equipment
- 148-30 Providers delivering services under provider registration category home and community services, assistive technology and home modifications or advisory and support services—requirements for personal protective equipment, infection prevention and control
- 148-33 Providers delivering services under provider registration category residential care—services that must be delivered
- 148-35 Providers delivering services under the TCP—services that must be delivered
- 148-40 Providers delivering short-term funded aged care services through the service group home support—services that must be delivered
- 148-45 Providers delivering certain funded aged care services through the service group home support—requirements for the service home support care management
- Subdivision C—Requirements for service agreements
- 148-60 Purpose of this Subdivision
- 148-65 Requirements for service agreements—general
- 148-70 Requirements for service agreements—contents
- Subdivision D—Requirements for care and services plans
- 148-75 Purpose of this Subdivision
- 148-80 Requirements for care and services plans—general
- 148-81 Requirements for care and services plans—restorative care partner to be responsible for care and services plans in certain circumstances
- 148-85 Requirements for care and services plans—contents for all individuals (other than individuals accessing services through the service group residential care)
- Division 4—Starting and ceasing the provision of funded aged care services and continuity of those services
- Subdivision A—Preliminary
- 149-5 Requirements relating to starting and ceasing the provision of funded aged care services and continuity of those services
- Subdivision B—Start notifications
- 149-10 Requirements for start notifications—general
- 149-15 Requirements for start notifications—provision to System Governor and Commissioner
- Subdivision C—Cessation notifications
- 149-20 Requirements for cessation notifications—general
- 149-25 Requirements for cessation notifications—provision to System Governor and Commissioner
- Subdivision D—Ceasing delivery of funded aged care services (other than services delivered in an approved residential care home)
- 149-30 Application of this Subdivision
- 149-35 Requirements for ceasing delivery of funded aged care services - general
- 149-40 Requirements for ceasing delivery of funded aged care services—notice to individual about cessation of services
- 149-45 Requirements for ceasing delivery of funded aged care services—notice to individual about unspent portions
- 149-46 Requirements for ceasing delivery of funded aged care services—notice to new registered provider about account balances
- Subdivision E—Security of tenure for individuals accessing funded aged care services in an approved residential care home
- 149-50 Application of this Subdivision
- 149-55 Security of tenure—general
- 149-60 Security of tenure—circumstances where registered provider may ask an individual to leave an approved residential care home
- 149-65 Security of tenure—notice requirements
- 149-70 Security of tenure—movement of individuals
- Subdivision F—Continuity of funded aged care services
- 149-75 Continuity of care plan
- 149-80 Transfer of records between registered providers
- Part 5—Conditions relating to financial matters
- 150A-1 Requirements for refundable deposit register
- 150A-3 Kinds of providers to which the condition applies
- 150A-5 Refundable deposit register to include information about refundable deposit paid and refundable deposit balances held
- 150A-15 Refundable deposit register to include information about refundable deposit balances refunded
- 150A-20 Refundable deposit register to include information about accommodation bond balances held by the registered provider
- 150A-25 Refundable deposit register to include information about accommodation bond balances refunded
- 150A-30 Refundable deposit register to include information about entry contributions paid and entry contribution balances held
- 150A-35 Refundable deposit register to include information about entry contributions balances refunded
- Part 6—Aged care workers
- Division 1—Workforce and aged care worker requirements
- Subdivision A—Kinds of provider to which the condition applies
- 152-5 Kinds of provider to which the condition applies
- Subdivision B—Worker screening requirements
- 152-10 Purpose of this Subdivision
- 152-15 Responsible persons of registered providers delivering services other than under CHSP or NATSIFACP
- 152-16 Responsible persons of registered providers delivering services only under CHSP, NATSIFACP, or CHSP and NATSIFACP
- 152-17 Responsible persons of other registered providers
- 152-20 Aged care workers delivering services other than under CHSP or NATSIFACP
- 152-21 Aged care workers delivering services only under CHSP, NATSIFACP, or CHSP and NATSIFACP
- 152-22 Other aged care workers
- 152-25 Police certificates
- Subdivision C—Qualifications and training requirements
- 152-35 Qualifications and training requirements
- Division 2—Vaccination
- 153-5 Kinds of provider to which the condition applies
- 153-10 Requirements for providing access to vaccinations to individuals
- Part 7—Information and access
- Division 1—Personal information and record keeping
- Subdivision A—Purpose of this Division
- 154-1 Purpose of this Division
- Subdivision B—Information provided to an individual
- 154-2 Requirement to keep and retain information provided to an individual
- 154-3 Requirement to correct personal information
- Subdivision C—Vaccination
- 154-5 Application of this Subdivision to certain registered providers
- 154-10 Records about service staff—influenza vaccinations
- 154-15 Records about service staff—COVID-19 vaccinations
- 154-20 Records about individuals receiving residential care—influenza vaccinations
- 154-25 Records about individuals receiving residential care—COVID-19 vaccinations
- Subdivision D—Quality indicators
- 154-105 Application of Subdivision to certain registered providers
- 154-110 Requirements for records on quality indicators
- Subdivision E—Incidents
- 154-150 Records about details of incidents
- Subdivision F—Complaints and feedback
- 154-200 Application of Subdivision to feedback received
- 154-205 Requirements for records of complaints and feedback
- Subdivision G—Prudential and financial
- 154-300 Requirement to keep and retain financial and prudential reports
- Subdivision H—CHSP
- 154-400 Application of Subdivision
- 154-405 Requirements for records
- Subdivision J—NATSIFACP
- 154-500 Application of Subdivision
- 154-505 Requirements for records
- Subdivision K—Multi-Purpose Service Program
- 154-605 Application of Subdivision to certain registered providers
- 154-610 Requirements for records
- Subdivision L—Transition Care Program
- 154-650 Application of Subdivision to certain registered providers
- 154-665 Requirements for records
- Subdivision M—Governing bodies
- 154-700 Records about independent non-executive members of a governing body
- 154-705 Records about members of a governing body with clinical care provision experience
- Subdivision N—Advisory bodies
- 154-800 Records about the quality care advisory body
- 154-805 Records about the consumer advisory body
- Subdivision P—Worker screening
- 154-900 Records of responsible persons
- 154-905 Records of aged care workers
- 154-910 How long records required by sections 154-900 and 154-905 to be kept
- 154-915 Copies of records relating to allegations of misconduct
- Subdivision Q—Delivery and continuity of funded aged care services
- 154-1000 Requirement to keep and retain records relating to continuity of funded aged care services
- Subdivision R—Status of service delivery branches
- 154-1100 Requirement to keep and retain records about service delivery branches
- Subdivision S—Claims for subsidy
- 154-1200 Application of this Subdivision
- 154-1205 Requirement to keep and retain records which enable claims for payment of subsidy to be verified
- Subdivision T—Compliance
- 154-1300 Requirement to keep and retain records relating to compliance
- Division 2—Provision of information to individuals
- 155-1 Purpose of this Division
- 155-5 Kind of information to be provided and explained
- 155-15 Information to be provided and explained—Statement of Rights
- 155-20 Information to be provided—information to assist individuals to choose funded aged care services that best meet their needs
- 155-25 Information to be provided—clear and understandable invoices
- 155-30 Information to be provided—information about a registered provider’s management and use of refundable deposits
- 155-35 Information to be provided—to prospective individuals
- 155-36 Information to be provided—statement of audited accounts
- 155-40 Information to be provided—monthly statement
- 155-45 Information to be given—final monthly statement
- 155-50 Information to be provided—individualised budget
- 155-55 Information to be provided—general information for individuals accessing any funded aged care services
- 155-60 Information to be provided—general information for individuals accessing funded aged care services in a home or community setting
- 155-65 Information to be provided—general information for individuals accessing funded aged care services in an approved residential care home
- 155-70 Information to be provided—information about the financial position of a registered provider registered in a provider registration category other than residential care
- 155-80 Information to be provided—pricing information (by way of publication)
- 155-85 Requirements for allowing and facilitating access to information held about an individual
- Division 3—Access by supporters etc.
- 156-5 Access to individuals
- 156-10 Access to settings
- Part 8—Governance
- Division 1—Membership of governing bodies
- 157-5 Kinds of provider to which the independent non-executive members requirement applies
- 157-10 Kinds of provider to which the clinical care provision experience requirement applies
- 157-15 Kinds of providers to which other governing body requirements apply
- 157-20 Application for determination that certain conditions do not apply—other matters that the Commissioner may take into account
- Division 2—Advisory body requirements
- 158-5 Kinds of provider to which the quality care advisory body condition applies
- 158-10 Requirements for membership of quality care advisory body
- 158-15 Requirements for reports of quality care advisory body
- 158-20 Kinds of provider to which the consumer advisory bodies condition applies
- Part 9—Restrictive practices—approved residential care homes
- Division 1—Preliminary
- 162-5 Kinds of provider to which the condition applies
- 162-10 Requirements relating to the use of restrictive practices
- Division 2—Requirements relating to the use of restrictive practices
- 162-15 Requirements for the use of any restrictive practice
- 162-20 Additional requirements for the use of restrictive practices other than chemical restraint
- 162-25 Additional requirements for the use of restrictive practices that are chemical restraint
- 162-30 Requirements while restrictive practice being used
- 162-35 Requirements following emergency use of restrictive practice
- 162-40 Requirements relating to nominations of restrictive practices nominees
- Division 3—Requirements relating to behaviour support
- 162-45 Requirement for behaviour support plans
- 162-50 Requirements for behaviour support plans—alternative strategies for addressing behaviours of concern
- 162-55 Requirements for behaviour support plans—if use of restrictive practice assessed as necessary
- 162-60 Requirements for behaviour support plans—if restrictive practice used
- 162-65 Requirements for behaviour support plans—if need for ongoing use of restrictive practice indicated
- 162-70 Requirement to review and revise behaviour support plans
- 162-75 Requirement to consult on behaviour support plans
- Division 4—Immunity from civil or criminal liability in relation to the use of a restrictive practice in certain circumstances
- 163-5 Giving of informed consent by certain persons or bodies
- Part 10—Management of incidents and complaints
- Division 1—Incident management
- Subdivision A—Preliminary
- 164-1 Kinds of provider to which the condition applies
- 164-5 Requirements relating to incident management
- 164-10 Incidents to which this Division applies
- Subdivision B—Implementing and maintaining an incident management system
- 164-15 Requirements for system—objects
- 164-20 Requirements for system—general
- 164-25 Requirements for system—recording details of incidents
- 164-30 Requirements for system—data collection and analysis
- 164-35 Requirements for registered providers
- Subdivision C—Managing and preventing incidents
- 164-40 Requirements for managing incidents
- 164-45 Requirements for improving management of incidents and taking reasonable steps to prevent incidents
- Division 2—Complaints, feedback and whistleblowers
- Subdivision A—Preliminary
- 165-5 Purpose of this Part
- Subdivision B—Implementing and maintaining a complaints and feedback management system
- 165-10 Objects of this Subdivision
- 165-15 Requirements for system—general
- 165-20 Requirements for registered providers
- Subdivision C—Managing complaints and feedback
- 165-25 Requirements for complaints management and resolution
- 165-30 Requirements for feedback management and resolution
- 165-35 Other requirements relating to complaints and feedback
- Subdivision D—Implementing and maintaining a whistleblower system and maintaining a whistleblower policy
- 165-40 Objects of this Subdivision
- 165-45 Requirements for system—general
- 165-50 Requirements for registered providers—general
- 165-55 Requirements for registered providers—whistleblower policy
- Subdivision E—Managing disclosures that qualify for protection under section 547 of the Act
- 165-60 Requirements for managing disclosures
- Chapter 5—Registered provider, responsible person and aged care worker obligations
- Part 1—Introduction
- 165A-1 Simplified outline of this Chapter
- Part 2—Obligations relating to reporting, notifications and information
- Division 1—Preliminary
- 165A-2 No limitation on other requests
- Division 2—Reportable incidents
- 165A-5 Purpose of this Subdivision
- 165A-10 Application of Subdivision to registered providers
- 165A-15 Registered provider must notify reportable incidents in accordance with this Subdivision
- 165A-20 Registered provider must ensure that aged care workers notify reportable incidents
- 165A-25 Priority 1 notice must be given within 24 hours
- 165A-30 Priority 2 notice must be given within 30 days
- 165A-35 Reporting not required in certain circumstances
- 165A-40 Significant new information must be notified
- 165A-45 Final report about reportable incident must be given if required
- Division 3—Provider obligation—reporting to particular persons
- Subdivision A—Vaccinations
- 166-5 Application of Subdivision to certain registered providers
- 166-10 Reports about service staff—influenza vaccinations
- 166-15 Reports about service staff—COVID-19 vaccinations
- 166-25 Reports about individuals receiving residential care—COVID-19 vaccinations
- Subdivision B—Quality indicators
- 166-105 Application of Subdivision to certain registered providers
- 166-110 Requirement to provide a quality indicators report
- 166-112 Requirements for the collection of information for quality indicators reports—measurements and assessments
- 166-115 Timeframes for reporting under this Subdivision
- 166-120 Quality indicator—pressure injuries
- 166-125 Quality indicator—restrictive practices
- 166-130 Quality indicator—unplanned weight loss
- 166-135 Quality indicator—falls and major injury
- 166-140 Quality indicator—medication management
- 166-145 Quality indicator—activities of daily living
- 166-150 Quality indicator—incontinence care
- 166-155 Quality indicator—hospitalisation
- 166-160 Quality indicator—workforce
- 166-165 Quality indicator—Consumer Experience Assessment
- 166-170 Quality indicator—Quality of Life Assessment
- 166-175 Quality indicator—allied health
- 166-180 Quality indicator—lifestyle officers
- 166-185 Quality indicator—enrolled nursing
- Subdivision C—Complaints and feedback management report
- 166-205 Application of Subdivision
- 166-210 Requirements for reporting information relating to complaints and feedback management
- Subdivision D—Complaints and feedback information on request
- 166-215 Application of Subdivision to all registered providers
- 166-220 Requirements for reporting information on request relating to complaints and feedback management
- Subdivision E—Prudential and financial
- 166-310 Aged care financial report—general
- 166-315 Aged care financial report—provision of a financial support statement
- 166-320 Aged care financial report—what is a financial support statement
- 166-325 Aged care financial report—permitted uses reconciliation
- 166-335 Aged care financial report—care minutes performance statement
- 166-340 Quarterly financial report
- 166-345 Aged care financial report—general purpose financial report
- 166-350 Aged care financial report—general purpose financial report audit requirements
- 166-355 Financial and prudential reports—reporting period
- 166-360 Aged care financial report—annual prudential compliance statement—general
- 166-365 Annual prudential compliance statement—information about refundable deposits, accommodation bonds and entry contributions that must be included
- 166-375 Annual prudential compliance statement—information about other fees that must be included
- 166-380 Annual prudential compliance statement—Financial and Prudential Standards
- 166-385 Annual prudential compliance statement—audit requirements
- Subdivision F—CHSP
- 166-600 Application of Subdivision
- 166-605 Annual financial declaration statement
- 166-610 Monthly performance report
- 166-615 Annual wellness and reablement report
- 166-620 Compliance report
- 166-625 Service delivery report
- 166-627 Exemption process for certain reports
- 166-628 Child safety compliance statement
- Subdivision G—NATSIFACP
- 166-630 Application of Subdivision
- 166-635 Annual financial declaration statement
- 166-640 Audited income and expenditure report
- 166-645 Service activity report
- 166-646 Child safety compliance statement
- Subdivision H—Multi-Purpose Service Program
- 166-720 Application of Subdivision to certain registered providers
- 166-725 Annual activity report
- 166-730 Annual statement of financial compliance and income and expenditure
- 166-735 Service demographics report
- Subdivision J—Transition Care Program
- 166-740 Application of Subdivision to certain registered providers
- 166-745 Annual accountability report
- Subdivision K—Governing bodies
- 166-800 Application of this Subdivision
- 166-805 Governing bodies must prepare and provide statements
- 166-810 Requirements for certain registered providers to give information relating to reporting periods
- 166-815 Service provided during part only of reporting period
- Subdivision L—Registered nurses
- 166-850 Application of this Subdivision
- 166-855 Reporting requirements relating to registered nurses
- Subdivision M—Status of service delivery branches
- 166-900 Application of this Subdivision
- 166-905 Reporting requirements relating to service delivery branches
- 166-910 Report for opening of a service delivery branch
- 166-915 Report for change to a service delivery branch
- 166-920 Report for merger of service delivery branches
- 166-925 Report for closure of a service delivery branch
- 166-930 Report if provider no longer intends to open, merge or close service delivery branch
- Subdivision N—Pricing information
- 166-1000 Application of this Subdivision
- 166-1005 Pricing information
- Part 3—Provider obligation—notifying of change in circumstances
- Division 1—Obligation to notify
- 167-5 Purpose of this Part
- 167-10 Notifying the Commissioner—kinds of registered providers and changes
- 167-15 Notifying the System Governor—circumstances
- Division 2—Changes in circumstances
- 167-20 Suitability of a registered provider
- 167-25 Suitability of a responsible person of a registered provider
- 167-30 Change of responsible persons of a registered provider
- 167-35 Organisation arrangements of a registered provider
- 167-40 Governance arrangements of a registered provider
- 167-45 Change relating to the scale of operations of a provider
- 167-50 Changes relating to intended service types
- 167-55 Changes relating to arrangements with associated providers
- 167-60 Changes relating to financial and prudential matters
- 167-65 Changes relating to liquidity
- 167-70 Changes relating to approved residential care homes
- Part 4—Responsible person obligation—change in circumstances relating to suitability
- 169-5 Kinds of registered provider to which the obligation applies
- Part 5—Obligations relating to suitability of responsible persons
- 172-5 Kinds of registered provider to which the obligation applies
- 172-10 Requirements for records of suitability matters
- Part 6—Obligations relating to aged care workers etc.
- Division 1—Registered nurses
- Subdivision A—Preliminary
- 175-5 Specialist aged care programs to which the registered nurse obligation does not apply—MPSP and TCP
- 175-10 Purpose of this Division
- Subdivision B—Process for granting exemptions
- 175-15 Application for exemption
- 175-20 System Governor may request further information or documents
- 175-25 Decision whether to grant exemption
- 175-30 Notice of decision
- Subdivision C—Revocation of exemptions
- 175-45 Revocation on request
- 175-50 Revocation on other grounds
- 175-55 Notice of decision
- Division 2—Delivery of direct care
- Subdivision A—Delivery of direct care—mainstream providers
- 176-5 Kinds of provider to which the obligation applies, and requirements
- 176-10 Application of this Subdivision
- 176-15 Care minutes that must be delivered
- 176-20 Average numbers of care minutes
- Subdivision B—Delivery of direct care—NATSIFACP providers
- 176-25 Kinds of provider to which the obligation applies, and requirements
- 176-30 Application of this Subdivision
- 176-35 Care minutes that must be delivered—NATSIFACP providers
- Part 7—Other obligations—cooperation with other persons
- 177-10 Giving data or records to the Pricing Authority
- 177-15 Allowing access by the Pricing Authority to certain persons
- 177-20 Allowing access by the Pricing Authority to residential care homes
- Chapter 6—Obligations of operators of aged care digital platforms
- Part 1—Introduction
- 187-1 Simplified outline of this Chapter
- Part 2—Obligations
- 188-1 Duty of operators of aged care digital platforms
- 189-1 Notifying Commissioner of operation of aged care digital platforms
- 189-5 Managing complaints
- 189-10 Managing reportable incidents
- 189-15 Reporting requirements
- 189-18 Reporting changes to the Commissioner
- 189-20 Keeping and retaining records, etc.
- 189-25 Disclosing information included in records, etc.
- 189-30 Correcting records, etc.
- Chapter 7—Funding of aged care services—Commonwealth contributions
- Part 1—Introduction
- 190-5 Simplified outline of this Chapter
- Part 2—Subsidy for home support
- Division 1—Person-centred subsidy
- Subdivision AA—Eligibility
- 191-5 Ineligible funded aged care services
- Subdivision A—Available ongoing home support account balance
- 193-5 Quarterly rollover credit
- 193-15 Circumstances for no credits
- 193-20 Circumstances for ceasing of account
- Subdivision B—Base individual amounts
- 194-5 Classification type ongoing
- 194-10 Classification type short-term
- Subdivision C—Available short-term home support account balance
- 195-1 Number of days for initial credit
- 195-3 Circumstances, day and amount for other credit
- 195-10 Circumstances for ceasing of account
- Subdivision D—Primary person-centred supplements
- 196-5 Purpose of this Subdivision
- 196-10 Primary person-centred supplements
- 196-12 Primary person-centred supplements for classification type short-term—circumstances for applicability (general)
- 196-15 Oxygen supplement—circumstances for applicability and amount
- 196-20 Enteral feeding supplement—circumstances for applicability and amount
- 196-25 Veterans’ supplement—circumstances for applicability and amount
- 196-30 Dementia and cognition supplement—circumstances for applicability and amount
- 196-35 Top-up supplement—circumstances for applicability and amount
- Division 2—Provider-based subsidy
- Subdivision A—Eligibility
- 201-5 Eligible funded aged care services
- Subdivision B—Available service delivery branch account balance
- 203-10 Amount to be credited in first and second quarters of active operation—number of days for calculation
- 203-11 Time before which registered provider must give start notification
- 203-12 Amount to be credited for provider-based supplement starting to apply—number of days for calculation
- 203-15 Rollover credits
- 203-25  Circumstances for ceasing of account
- Subdivision C—Base provider amount
- 204-5 Classification type ongoing
- Subdivision D—Provider-based supplements
- 205-5 Care management supplement
- 205-10 Care management supplement—applicability
- 205-15 Care management supplement—amount
- Part 3—Subsidy for assistive technology
- Division 1—Eligibility
- 209-5 Excluded classification levels
- Division 2—Available assistive technology account balance
- 211-5 Account period for classification type ongoing
- 211-10 Account period for classification type short-term
- 211-15 Day and amount for credit to account for classification type ongoing
- 211-20 Day and amount for credit to account for classification type short-term for classification level AT High
- 211-25 Day and amount for credit to account for classification type short-term—credit due to change in classification coming into effect
- Division 3—Tier amounts
- 212-5 Classification type ongoing
- 212-10 Classification type short-term
- Division 4—Primary person-centred supplements
- 213-5 Rural and remote supplement
- Part 4—Subsidy for home modifications
- Division 1—Eligibility
- 218-5 Excluded classification levels
- Division 2—Available home modifications account balance
- 220-5 Account period for classification type short-term
- Division 3—Tier amounts
- 221-5 Classification type short-term
- Division 4—Primary person-centred supplements
- 222-5 Rural and remote supplement
- Part 5—Fee reduction supplement for home support, assistive technology and home modifications
- 197-1 Purpose of this Part
- 197-5 Fee reduction supplement—circumstances for applicability, amount and reduction of contributions—home or community fee reduction supplement determinations (financial hardship)
- 197-8 Applications for home or community fee reduction supplement determinations
- 197-10 Home or community fee reduction supplement determinations
- 197-15 Notice of home or community fee reduction supplement determinations
- 197-20 Varying or revoking home or community fee reduction supplement determinations—general
- 197-25 Varying or revoking home or community fee reduction supplement determinations—on notification of event or change in circumstances
- 197-30 Varying or revoking home or community fee reduction supplement determinations—on System Governor’s initiative
- 197-35 Notice of decision to vary or revoke home or community fee reduction supplement determination
- Part 6—Unspent Commonwealth portions and home care accounts
- 226A-5 Day for reduction of portion—provider elects to return available balance
- 226A-10 Day for reduction of portion—individual transfers between provider service delivery branches
- 226A-15 Day for reduction of portion—provider ceases to deliver services
- 226B-5 Return of unspent Commonwealth portion—provider election—written notice of election
- 226B-10 Period within which available balance must be returned—provider election
- 226C-5 Period within which available balance must be returned—individual transfers between provider service delivery branches
- 226D-5 Period within which available balance must be returned—provider ceases to deliver services
- 226E-5 Day for credit of account—provider elects to return available balance
- 226E-10 Day for credit of account—individual transfers between provider service delivery branches
- 226E-15 Day for credit of account—provider ceases to deliver services
- 226E-20 Home care account—circumstances in which account is reduced to zero
- 226E-25 Home care account—circumstances in which account ceases
- Part 7—Subsidy for residential care
- Division 1A—Classes of individuals to which Division 4 of Part 2 of Chapter 4 of the Act does not apply
- 227A-5 Classes of individuals
- Division 1—Person-centred subsidy
- Subdivision A—Base rates
- 229-5 Base rates—classification type ongoing
- 229-10 Base rates—classification type short-term
- Subdivision B—Primary person-centred supplements
- 230-3 Purpose of this Subdivision
- 230-4 Other primary person-centred supplements
- 230-5 Hotelling supplement—amount
- 230-10 Accommodation supplement—circumstances for applicability and amount
- 230-11 Oxygen supplement—circumstances for applicability and amount
- 230-12 Enteral feeding supplement—circumstances for applicability and amount
- Subdivision C—Accommodation supplement concepts
- 230-13 Meaning of low means resident percentage for an approved residential care home for a payment period
- 230-15 Meaning of building status amount for an individual for a day
- 230-20 Meaning of newly built home
- 230-25 Application for determination—approved residential care homes that have been, or are proposed to be, significantly refurbished
- 230-30 Determination for approved residential care homes that have been significantly refurbished
- 230-35 Determination for approved residential care homes that are proposed to be significantly refurbished
- 230-40 Circumstances in which System Governor must not make determinations
- 230-45 Notification of System Governor’s decision
- 230-50 Day of effect of determination
- Subdivision D—Secondary person-centred supplements
- 231-5 Purpose of this Subdivision
- 231-10 Other secondary person-centred supplements
- 231-15 Fee reduction supplement—circumstances for applicability, amount and reduction of fees and contributions—residential care fee reduction supplement determinations (financial hardship)
- 231-16 Applications for residential care fee reduction supplement determinations
- 231-17 Residential care fee reduction supplement determinations
- 231-18 Notice of residential care fee reduction supplement determinations
- 231-19 Varying or revoking residential care fee reduction supplement determinations—general
- 231-20 Varying or revoking residential care fee reduction supplement determinations—on notification of event or change in circumstances
- 231-21 Varying or revoking residential care fee reduction supplement determinations—on System Governor’s initiative
- 231-22 Notice of decision to vary or revoke residential care fee reduction supplement determination
- 231-25 Fee reduction supplement—reduction of fees, payments and contributions
- 231-30 Respite supplement—circumstances for applicability and amount
- 231-35 Initial entry adjustment supplement—circumstances for applicability and amount
- 231-50 Veterans’ supplement—circumstances for applicability and amount
- Division 2—Provider-based subsidy
- Subdivision A—Base provider amount
- 238-5 Base provider amount
- Subdivision B—Provider-based supplements
- 239-1 Purpose of this Subdivision
- 239-5 Provider-based supplements
- 239-10 Registered nurse supplement—applicability
- 239-15 Meaning of qualifying residential care home
- 239-20 Registered nurse supplement—amount
- 239-30 Care minutes supplement—applicability
- 239-35 Care minutes supplement—amount
- Subdivision C—Reduction amounts for provider-based subsidy for ongoing residential care
- 242-5 Provider-based reduction amount—standard base provider amount
- Division 3—Subsidy for transitional cohorts
- Subdivision A—Method for calculating amount of subsidy
- 242B-5 Amount of residential care subsidy—pre-2014 residential contribution class
- 242B-6 Amount of residential care subsidy—post-2014 residential contribution class
- Subdivision B—Supplements
- 242B-10 Transitional accommodation supplement—circumstances for applicability and amount
- 242B-15 2012 basic daily fee supplement—circumstances for applicability and amount
- 242B-20 Accommodation charge top-up supplement—circumstances for applicability and amount
- 242B-25 Concessional resident supplement—circumstances for applicability and amount
- 242B-27 Transitional fee reduction supplement—circumstances for applicability and amount
- 242B-40 Pensioner supplement—circumstances for applicability and amount
- 242B-45 Ex-hostel supplement—circumstances for applicability and amount
- Subdivision C—Transitional compensation payment reduction
- 242B-50 Transitional compensation payment reduction amount—circumstances for applicability
- 242B-55 Amount of transitional compensation payment reduction
- Division 4—Approved residential care homes with specialised status
- Subdivision A—Specialised status determinations
- 243-5 Kinds of specialised status
- 243-10 Specialised Aboriginal or Torres Strait Islander status—criteria
- 243-15 Specialised homeless status—criteria
- 243-20 Specialised status—maximum period of effect
- Subdivision B—Revoking specialised status determinations on initiative of System Governor—circumstances
- 243A-5 Purpose of this Subdivision
- 243A-10 Circumstances—transfer of approved residential care home to another registered provider
- 243A-15 Circumstances—revocation of specialised status and determination of different specialised status
- 243A-20 Circumstances—revocation of specialised Aboriginal or Torres Strait Islander status
- 243A-25 Circumstances—revocation of specialised homeless status
- Subdivision D—Revoking specialised status determinations on initiative of System Governor—notice requirements
- 243A-40 Purpose of this Subdivision
- 243A-45 Transfer of approved residential care home to another registered provider
- 243A-50 Revocation of specialised status
- Part 8—Reduction amounts—compensation payment reduction for home support, assistive technology, home modifications and residential care
- 246A-5 Circumstances in which compensation information known
- 246A-10 Amount for circumstances in which compensation information known
- 246A-15 Circumstances in which compensation information not known
- 246A-20 Requirements for determining compensation payment reductions for circumstances in which compensation information not known
- Part 9—Subsidy for certain specialist aged care programs
- Division 1—Agreements for delivery of funded aged care services under specialist aged care programs
- 247-5 Circumstances that must apply for System Governor to enter into agreements—Multi-Purpose Service Program
- 247-15 Requirements for agreements for delivery of funded aged care services—Transition Care Program
- Division 2—Amount of subsidy—Multi-Purpose Service Program
- 249-5 Purpose of Division
- 249-10 Amount of subsidy
- 249-25 Aged care wage supplement amount
- 249-30 Direct care supplement amount
- 249-35 Home or community additional amount
- 249-40 Residential care place amount
- 249-45 Respite supplement equivalent amount
- 249-50 Viability supplement equivalent amount—Category A residential care homes
- 249-55 Viability supplement equivalent amount—Category B residential care homes
- 249-60 Viability supplement equivalent amount—Category C residential care homes
- 249-65 Viability supplement equivalent amount—Category D residential care homes
- Division 3—Amount of subsidy—Transition Care Program
- 249-90 Amount of subsidy
- Part 10—Subsidy claims and payment
- Division 1—Home support, assistive technology and home modifications (other than under specialist aged care programs)
- 251-5 Relevant period—assistive technology
- 251-10 Period within which claim must be given to the System Governor—prescribed events
- Division 1A—Residential care
- 256-5 Timing of payments—working out amounts of advances
- Division 2—Specialist aged care programs
- 260-5 Purpose of this Division
- 260-10 Multi-Purpose Service Program—timing of payments
- 260-15 Transition Care Program—claims
- 260-20 Transition Care Program—payments
- Division 3—Transfers and mergers of service delivery branches
- 263-5 Purpose of this Division
- 263-10 Application for approval to transfer service delivery branch
- 263-15 Transfer of service delivery branch
- 263A-5  Merger of service delivery branches
- Part 11—Grants
- Division 1—Power to enter into other arrangements
- 265-5 Grant of financial assistance—other purposes
- Division 2—Grantee Code of Conduct
- 268-5 Purpose of this Division
- 268-10 Grantee Code of Conduct
- Chapter 8—Funding of aged care services—individual fees and contributions
- Part 1—Introduction
- 272-5 Simplified outline of this Chapter
- Part 2—Individual fees and contributions
- Division 1—Fees and contributions payable in a home or community setting
- Subdivision A—Individual contributions
- 273-5 Working out individual contribution for assistive technology or home modifications—prescribed day
- 273-10 Working out individual contributions—circumstances and amounts
- 273-15 Requirements for prices charged for directly sourced services
- 273-20 When individual contribution is zero—other contributions or fees
- Subdivision B—Unspent care recipient portions
- 273A-5 Unspent care recipient portions
- 273A-10 Agreement with individual
- 273A-15 If agreement is to return portion
- 273A-20 If agreement is to retain portion
- Division 2—Fees and contributions payable in an approved residential care home
- Subdivision A—Classes of individuals to which Division 2 of Part 3 of Chapter 4 of the Act does not apply
- 275A-5 Division 2 of Part 3 of Chapter 4 of Act not to apply to transitional cohorts
- Subdivision C—Hotelling contribution and non-clinical care contribution
- 279-5 Maximum non-clinical care contribution
- 279-10 When non-clinical care contribution is zero—number of days
- 279-15 When non-clinical care contribution is zero—other contributions or fees
- 280-5 Hotelling contribution and non-clinical care contribution taken to be zero in some circumstances—classes of individuals
- 280-10 Hotelling contribution and non-clinical care contribution taken to be zero in some circumstances—matters to which System Governor must have regard
- 281-5 Fees for pre-entry period—ongoing residential care—maximum amount of pre-entry fee chargeable
- Subdivision D—Fees for reserving a bed—ongoing residential care
- 282-5 Maximum amount of bed reservation fee chargeable
- Subdivision E—Fees for delivery of funded aged care services—short-term residential care
- 283-15 Booking fee
- Subdivision F—Fees for higher everyday living
- 284-1 Purpose of this Subdivision
- 284-2 Kinds of higher everyday living agreement
- 284-5 Entry requirements—all higher everyday living agreements
- 284-6 Additional entry requirements—standing higher everyday living agreements
- 284-7 Additional entry requirements—ad hoc higher everyday living agreements
- 284-10 Requirements that higher everyday living agreements must comply with—all higher everyday living agreements
- 284-11 Additional requirements—standing higher everyday living agreements
- 284-13 Additional requirements—ad hoc higher everyday living agreements
- 284-15 Indexation of agreed amounts—all higher everyday living agreements
- 284-20 Circumstances in which higher everyday living fee not to be charged to individuals—all higher everyday living agreements
- 284-25 Circumstances in which higher everyday living agreements not to be entered into—all higher everyday living agreements
- Subdivision G—Other matters
- 285-5 Refund of amounts paid in advance if individual dies or stops accessing services
- 285-10 Resident respite fees to be reduced by booking fee
- Division 2A—Fees and contributions payable in an approved residential care home for transitional cohorts
- Subdivision A—Prescribed amounts
- 285A-3 Purposes of this Subdivision
- 285A-5 Contributions for delivery of funded aged care services
- 285A-10 Maximum daily amount of transitional resident contribution
- 285A-11 Transitional basic daily fee
- 285A-13 Income tested fee
- 285A-14 Means tested care fee
- 285A-15 Fees for transitional pre-entry period
- 285A-20 Fees for reserving a bed
- 285A-25 Fees for higher everyday living
- Subdivision B—Other matters
- 285A-30 Refund of amounts paid in advance if individual dies or stops accessing services
- Division 3—Fees and contributions for specialist aged care programs
- 286-5 Fees and contributions for delivery of funded aged care services
- 286-10 Amounts that may be charged—specialist aged care program fee (for programs other than CHSP)
- 286-15 Amounts that may be charged—CHSP contribution (for CHSP only)
- 286-17 Refund of amounts paid in advance if individual dies or stops accessing services
- 286-20 Other requirements—financial hardship policy
- 286-25 Other requirements—CHSP and NATSIFACP—consumer contribution policy
- Chapter 9—Funding of aged care services—accommodation payments and accommodation contributions etc.
- Part 1—Introduction
- 287-5 Simplified outline of this Chapter
- Part 2—Accommodation bonds, accommodation charges and entry contributions
- Division 1—Application of this Part
- 287-10 Application of this Part
- Division 2—Accommodation bond agreements
- 287-13 Entry into accommodation bond agreements
- 287-15 Information to be given before registered provider enters into an accommodation bond agreement with an individual
- 287-20 Time within which registered providers must enter into accommodation bond agreements
- 287-25 Accommodation bond agreements
- 287-30 Accommodation bond agreements may be incorporated into other agreements
- 287-35 Accommodation bond agreements cannot affect requirements of this Division
- Division 3—Accommodation bonds
- Subdivision A—Charging of accommodation bonds
- 287-40 Charging of accommodation bonds
- Subdivision B—Accommodation bonds
- 287-45 Maximum amount of accommodation bonds
- Subdivision C—Payment of accommodation bonds
- 287-65 Period for payment of accommodation bond
- 287-70 Payment of accommodation bonds by periodic payment
- 287-75 Minimum amount of periodic payments
- 287-80 Payment if agreed accommodation bond not paid
- Subdivision D—Retention, deduction and transfer of accommodation bond balances
- 287-85 Registered provider may retain income derived
- 287-86 Restriction on retention of income derived
- 287-90 Amounts to be deducted from accommodation bond balance
- 287-95 Accommodation bond retention amounts
- 287-100 Restriction on deduction of accommodation bond retention amounts
- 287-101 Accommodation bonds to be used only for permitted purposes
- 287-102 Refund of accommodation bond balance
- 287-103 Transfer of accommodation bond balance to another registered provider
- 287-103A Payment of interest—refund of accommodation bond balances—circumstances and amount
- Division 4—Accommodation charge agreements
- 287-104 Entry into accommodation charge agreement
- 287-105 Information to be given before registered provider enters into an accommodation charge agreement with an individual
- 287-110 Time within which registered providers must enter into accommodation charge agreement
- 287-115 Accommodation charge agreements
- 287-120 Accommodation charge agreements may be incorporated into other agreements
- 287-125 Accommodation charge agreements cannot affect requirements of this Division
- Division 5—Accommodation charges
- Subdivision A—Charging of accommodation charges
- 287-130 Charging of accommodation charges
- Subdivision B—Daily accrual amounts of accommodation charges
- 287-135 Maximum daily accrual amount of accommodation charge
- Subdivision C—Payment of accommodation charges
- 287-150 Accommodation charge may be payable not more than one month in advance
- 287-155 Registered provider may charge interest
- Division 6—Entry contributions
- 287-160 Payment of interest—refund of entry contribution balances
- Division 7—Miscellaneous
- 287-165 Pre-2014 maximum permissible interest rate
- Part 3—Accommodation payments and accommodation contributions
- Division 1—Application to specialist aged care programs
- 288-5 Provisions that do not apply in relation to certain specialist aged care programs
- 288-10 Specialist aged care programs for which specified provisions do not apply
- 288-20 Specialist aged care programs—accommodation agreements
- 288-25 Specialist aged care programs—charging of accommodation payments and accommodation contributions
- Division 2—Maximum accommodation payment amounts and publication of certain amounts by the System Governor
- Subdivision A—Maximum accommodation payment amount
- 289-5 Maximum accommodation payment amount
- 289-10 Maximum accommodation payment amount—daily accommodation payment amount
- Subdivision B—Application to Pricing Authority for approval of higher maximum accommodation payment amount
- 290-15 Requirements for application
- 290-20 Restriction on application period
- 290-25 Decision of Pricing Authority on application
- 290-30 Condition on approval relating to a room, or part of a room, subject to construction or refurbishment
- 290-40 Indexation of higher maximum accommodation payment amount
- Subdivision C—Notification and publication of accommodation payment amounts
- 291-5 Notification
- 291-10 Publication of notification
- Division 3—Accommodation agreements
- 292-5 Information to be given before provider enters into an accommodation agreement with an individual—daily accommodation payment amount
- 294-5 Accommodation agreements—other matters to be included in accommodation agreement
- 294-10 Accommodation agreements—daily accommodation payment amount
- 294-15 Accommodation agreements—method for working out amounts payable as a combination of refundable accommodation deposit and daily accommodation payments
- 294-20 Accommodation agreements—method for working out amounts payable by refundable accommodation contributions
- 294-25 Accommodation agreements—method for working out amounts payable by combination of refundable accommodation contributions and daily accommodation contributions
- Division 4—Charging of accommodation payments
- 296-5 Charging of accommodation payments—requirements
- Division 5—Charging of accommodation contributions
- 298-5 Charging of accommodation contributions—prescribed circumstances
- 298-10 Charging of accommodation contributions—requirements
- Division 6—Charging of daily payments
- 301-5 Charging interest
- 302-10 Daily accommodation payments—indexation
- 302-15 Daily payments—DAP index numbers
- 302-17 Daily payments—circumstances in which daily accommodation payment is not to be indexed
- 302-20 Daily payments—circumstances in which an amount of daily payment may be refunded
- Division 7—Refundable deposits
- 304-5 Refundable deposits—circumstances in which an amount of refundable deposit may be refunded
- 307-5 Amounts to be deducted from refundable deposit balances—deductible amount
- 308-10 Amounts that must be deducted from refundable deposit balances—retention amounts—timing of deductions
- 308-11 Amounts that must be deducted from refundable deposit balances—retention amounts—circumstances in which a retention amount may be refunded
- 308-12 Amounts that must be deducted from refundable deposit balances—retention amounts—classes of individuals for whom amounts must not be deducted
- 309-5 Rules about deductions
- 310-5 Refundable deposits to be used only for permitted purposes—capital expenditure
- 310-15 Refundable deposits to be used only for permitted purposes—capital expenditure debt
- 310-20 Refundable deposits to be used only for permitted purposes—other
- 310-30 Refundable deposits to be used only for permitted purposes—financial product
- 311-5 Refund of refundable balances—manner of refund
- 311-15 Refund of refundable deposit balances—death of individual—circumstances and period
- 311-20 Refund of refundable deposit balances—registered provider ceases services and has not transferred refundable deposit balance—circumstances and period
- 312-5 Transfer of refundable deposit balance to another registered provider—requirements
- 312-10 Circumstances in which refundable deposit balance must not be transferred to another registered provider
- 313-5 Payment of interest—refund of refundable deposit balances—circumstances
- 313-10 Payment of interest—refund of refundable deposit balances—amount
- Chapter 10—Funding of aged care services—means testing
- Part 1—Introduction
- 314-5 Simplified outline of this Chapter
- Part 2—Means testing
- Division 1—Means testing in a home or community setting
- Subdivision A—Determination of individual contribution rates for individuals for means testing categories
- 314-10 Method for determining individual contribution rate
- 314-15 Period for determining individual contribution rate
- 314-20 Other matters to be included in notice of determination
- 314-25 Day determination takes effect
- Subdivision B—Working out means testing classes for individuals
- 314-30 Full-pensioner
- 314-35 Part-pensioner
- 314-40 Seniors health card holder
- 314-45 Self-funded retiree
- Subdivision C—Calculating amounts of percentages for the means testing categories independence and everyday living
- 314-55 Calculation method
- 314-60 Working out the income reduction amount
- 314-65 Working out the assets reduction amount
- 314-70 Working out the maximum reduction amount
- 314-75 Working out the input contribution rate
- 314-80 Working out the amount of the percentage for the means testing category independence
- 314-85 Working out the amount of the percentage for the means testing category everyday living
- Subdivision D—Means not disclosed status
- 314A-5 Determination that individuals have means not disclosed status
- 314A-10 Day determination takes effect
- Subdivision E—Requirement to notify event or change in circumstances
- 315-5 Circumstances in which notification of event or change in circumstances is required
- 315-10 Period for notification of event or change in circumstances
- 315-15 Manner for notification of event or change in circumstances
- Subdivision F—Varying or revoking individual contribution rate determination
- 316-5 Other matters to be included in notice of determination
- 317-5 Period for deciding if individual contribution rate determination is no longer correct following certain social security decisions
- 318-5 Period for deciding whether to vary individual contribution rate determination following event or change in circumstances
- 318-10 Variation following event or change in circumstances to take effect on specified day in specified circumstances
- 318A-5 Period for deciding whether to revoke incorrect individual contribution rate determination
- Division 2—Means testing in approved residential care home
- Subdivision A—Daily means tested amounts
- 319-5 Income and asset thresholds
- 319-10 Working out the daily means tested amount—classes of individuals
- 319-15 Working out the daily means tested amount—individuals in pre-2014 residential contribution class
- 319-20 Working out the daily means tested amount—individuals in post-2014 residential contribution class
- Subdivision B—Means not disclosed status
- 320-5 Determination that individuals have means not disclosed status
- 320-10 Day determination takes effect
- Subdivision C—Determining an individual’s total assessable income
- 322-5 Period for determining an individual’s total assessable income
- 322-10 Day determination takes effect
- 322-15 Other matters to be included in notice of determination
- Subdivision D—Working out an individual’s total assessable income—excluded amounts
- 323-5 Purpose of this Subdivision
- 323-10 Disability pensions and permanent impairment compensation payments
- 323-15 Gifts
- 323-20 Rent receipts
- 323-25 GST compensation
- 323-30 Energy payments
- Subdivision E—Working out an individual’s total assessable income—application of social security law provisions
- 323-35 Application of Social Security Act provisions
- 323-40 Application of Veterans’ Entitlements Act provisions
- Subdivision F—Varying or revoking an income determination
- 324-5 Day variation of income determination takes effect
- 325-5 Period for varying income determination—on notification of event or change in circumstances
- 326-5 Period for varying or revoking income determination—on application
- 327-5 Period for varying or revoking income determination—on System Governor’s initiative
- 328-10 Other matters to be included in notices of decisions other than reviewable decisions
- Subdivision G—The value of an individual’s assets
- 329-5 Period for determining the value of an individual’s assets
- 329-10 Day determination takes effect
- 329-15 Other matters to be included in notice of determination
- Subdivision H—Working out the value of an individual’s assets—excluded amounts
- 330-5 Value of home
- 330-10 Other amounts
- Subdivision J—Varying or revoking an asset determination
- 331-5 Day variation of asset determination takes effect
- 332-5 Period for varying asset determination—on notification of event or change in circumstances
- 333-5 Period for varying or revoking asset determination—on application
- 334-5 Period for varying or revoking asset determination—on System Governor’s initiative
- 335-10 Other matters to be included in notices of decisions other than reviewable decisions
- Subdivision K—Notifying of event or change in circumstances
- 336-5 Notifications by individuals—manner and period
- 337-5 Notifications by registered providers—manner and period
- Chapter 11—Governance of the aged care system
- Part 1—Introduction
- 338-1 Simplified outline of this Chapter
- Part 2—System Governor
- 343A-5 Identity cards for approved needs assessors—form requirements
- 343A-10 Identity cards for approved needs assessors—requirements for carrying and producing identity cards
- Part 3—Aged Care Quality and Safety Commission
- Division 1—Other functions of the Commissioner
- 348-5 Other functions of the Commissioner—reconsideration of certain decisions made personally by the Complaints Commissioner
- Division 2—Safeguarding functions of the Commissioner
- 349-5 Actions the Commissioner may take in dealing with reportable incidents
- 349-10 Commissioner’s inquiries in relation to reportable incidents
- 349-15 Taking of other action not prevented by this Division
- Division 3—Establishment and functions of the Complaints Commissioner
- 358-5 Complaints functions of the Complaints Commissioner—requirements for giving written reports to the Minister
- Division 4—Complaints Commissioner—complaints and feedback
- Subdivision A—Preliminary
- 361-5 Purpose of this Division
- Subdivision B—How complaints may be made and withdrawn, and how feedback may be given
- 361-10 How complaints may be made and feedback may be given
- 361-15 How complaints may be withdrawn
- Subdivision C—Processes for dealing with complaints and feedback
- 361-20 Requirements for processes
- 361-25 Acknowledging receipt of complaints and feedback
- 361-30 Referral of complaints and feedback to other persons or bodies
- 361-35 Communications with complainant, entity against which complaint made and other persons
- 361-40 Complaint determinations and seeking feedback
- 361-42 Dealing with complaints—general
- 361-45 Dealing with complaints—resolution processes
- 361-50 Dealing with complaints—reasons for taking no further action or ending resolution processes
- Subdivision D—Reconsideration of decisions to take no further action or to end resolution processes
- 361-55 Requesting reconsideration of decisions
- 361-57 Withdrawing requests for reconsideration of decisions
- 361-60 Reconsideration of decisions
- 361-65 Period for completing resolution process following reconsideration decision
- Division 5—Reporting and planning
- 372-5 Annual report—other matters relating to complaints functions of the Complaints Commissioner
- Chapter 12—Regulatory mechanisms
- Part 1—Introduction
- 396-5 Simplified outline of this Chapter
- Part 2—Banning orders
- 507-5 Information that must be included in the register of banning orders in relation to individuals
- 507-10 Accessing and correcting information included in the register of banning orders in relation to individuals
- 507-15 Accessing information included in the register of banning orders in relation to entities other than individuals
- 507-20 Correcting information included in the register of banning orders in relation to entities other than individuals—corrections sought by entities
- 507-25 Correcting information included in the register of banning orders in relation to entities other than individuals—corrections on the Commissioner’s initiative
- 507-30 Publication of register of banning orders
- Part 3—Recoverable amounts
- 523-5 Circumstances for waiver—settlements between Commonwealth and debtors—method for working out present value of unpaid amount
- Chapter 13—Information management
- Part 1—Introduction
- 534-5 Simplified outline of this Chapter
- Part 2—Record-keeping
- 543-5 Retention of records by former registered provider
- Part 3—Information sharing
- Division 1—Publication by System Governor
- Subdivision A—System Governor must publish information about funded aged care services generally
- 544-5 Preliminary
- 544-10 Pricing information
- 544-15 Approved residential care home—income and expenditure
- 544-20 Approved residential care home—other information
- 544-25 Nursing and transition care
- 544-30 Approved residential care home—direct care responsibilities
- Subdivision B—Information that System Governor may publish about particular funded aged care services
- 545-20 Additional matters that the System Governor may publish
- Division 2—Publication by Commissioner
- 546-5 Purpose of this Division
- 546-10 Matters included in or related to final assessment reports for approved residential care homes
- 546-15 Matters included in or related to final audit reports
- Chapter 14—Miscellaneous
- Part 1—Introduction
- 555-5 Simplified outline of this Chapter
- Part 2—Reconsideration and review of decisions
- 556-5 Decisions by the Commissioner
- 557-5 Decisions by the System Governor
- 558-5 Decisions by the Pricing Authority
- Part 3—Application fees and fees for services provided by the System Governor, Commissioner and Complaints Commissioner
- 597-5 Fees—exemptions—fees that must accompany application or request made to System Governor, Commissioner or Complaints Commissioner
- 597-10 Fees—refunds—fees that must accompany application or request made to System Governor, Commissioner or Complaints Commissioner
- Endnotes
- Endnote 1—About the endnotes
- Endnote 2—Abbreviation key
- Endnote 3—Legislation history
- Endnote 4—Amendment history
- Endnote 5—Editorial changes