A suitability matter: what the provider tells the Commission
Suitability matter (provider or responsible person): the notification lines the clauses we hold attach to it, the requirements it touches with why each applies, and the evidence to keep. Each line names its clause and the edition we hold; the decision to notify stays with you.
- notification lines
- 2 possible, depending on the answers
- requirements
- 8 mapped across 4 frameworks
- questions it asks
- 2
What the clauses say: the notification lines
| To | By when | Clause | Applies |
|---|---|---|---|
| Aged Care Quality and Safety Commission | within 14 days of becoming aware | Aged Care Act s 167 and Rules 167-5 to 167-70 | Aged care |
| NDIS Quality and Safeguards Commission | by the earlier of becoming aware it will occur and its occurring | Registration Rules Rules s 13A | NDIS |
The questions it asks
2 questions- Whose suitability? (the provider itself, a responsible person or key personnel member)
- What kind of matter? (a conviction for an indictable offence, insolvency or bankruptcy, an adverse finding or enforcement action by a regulator, a banning order, disqualification from managing corporations, another suitability matter)
Each has not sure: a line resting on it stays, as a question.
What your change log usually carries for it
A date, a label of your own (a site, a role, a service, never a person's name), the date you became aware, and often a status or an owner. Paste it as it is: the type column reads words such as “suitability”, “suitability matter”, “conviction”, “criminal conviction”, “bankruptcy” and “banning order”. The answers go in one cell as key=value pairs.
The requirements it touches, and the evidence to keep
8 rowsAged Care Quality Standards
- ACQS Rules s 15-15(4): The governing body stays accountable for all operations and keeps oversight of the matter.
evidence to keepBoard minute recording the matter and the decision taken.
Aged Care Act 2024
- Aged Care Act s 167 and Rules 167-5 to 167-70: Section 167 lists matters affecting the provider's own suitability and changes in a responsible person's suitability among the prescribed changes, notified within 14 days of becoming aware.
evidence to keepChange-of-circumstances entry: the matter, the date you became aware, the date lodged. - Aged Care Act s 169: A responsible person tells the provider in writing within 14 days of becoming aware of a change in their own suitability matters. (when: rp matter)
evidence to keepThe responsible person's written notice to the provider, dated. - Aged Care Act s 172 and Rules 172-10: Section 172 requires the suitability matters to be considered for each responsible person at least once every 12 months, with the outcome and reasons recorded; a matter raised between cycles is part of that record.
evidence to keepSuitability record: matters considered, outcome, reasons, date.
NDIS Practice Standards
- NDIS Practice Standards Core 9.6: Management must be suitably qualified, with clear responsibility and accountability. (when: rp matter)
evidence to keepRecord of how the role is covered while the matter is dealt with.
NDIS Provider Registration Rules
- Registration Rules Rules s 13A: Rules s 13A(1)(e) and (f) list events bearing on the provider's or its key personnel's suitability (the matters in ss 9(2)(c) to (h) and 10(2)(b) to (g)).
evidence to keepNotification of changes and events entry: the event, the date, portal reference. - Registration Rules Rules ss 9 and 10: Provider and key personnel suitability must continue; loss of it is a ground to suspend or revoke registration.
evidence to keepUpdated suitability declaration and the checks behind it. - Registration Rules s 73ZNA and s 73U(5A): A banning order binds the person it names; providers check the banning order list before engaging people, and act on what it shows. (when: banning)
evidence to keepBanning order register search, dated, and the action taken.
Check one changeSee the specimen registerThe one-page sample register