Aged Care Act 2024

A registered provider must notify the Commissioner (and, in prescribed circumstances, the System Governor) in the approved form within 14 days of becoming aware of a prescribed change: matters affecting its own suitability; changes in a responsible person's suitability; changes of responsible persons; significant changes to organisation arrangements (including appointment of a restructuring practitioner or an insolvency event); governance changes for providers subject to section 157; changes in scale; changes to intended service types; changes in associated provider arrangements; financial and prudential changes and liquidity events; and changes to approved residential care homes such as ownership. Failing to notify is a civil penalty of 30 penalty units.

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Change-of-circumstances register with awareness and notification dates; Lodged notices with prescribed information; Board or company secretary procedure triggering notices

where it usually falls short Board changes not notified within 14 days; Liquidity events handled by finance without notifying the Commission

Every Aged Care Act clause we hold

A registered provider must ensure at least one registered nurse is on site and on duty at all times at each approved residential care home, unless the System Governor has granted an exemption under the rules (for no more than 12 months, only if the provider has taken reasonable steps to ensure residents' clinical needs will be met, with conditions and publication of the exemption), or the home delivers services only under the TCP (Rules 175-5).

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see 24/7 registered nurse rosters and sign-in records per home; Exemption decision, conditions and compliance evidence; Escalation plan for unfilled RN shifts

where it usually falls short RN counted as on duty while off site; Exemption conditions not met; Agency RN shortfalls not escalated

Every Aged Care Act clause we hold

Before asking a resident to leave on a prescribed ground, a provider must prepare a continuity of care plan setting out the suitable alternative accommodation, the steps taken to confirm it meets the resident's needs, how records will be transferred, the intended start date with the new provider (or why there is none), how the resident will be helped to move with their possessions, and how fees, contributions and any refundable deposit balance will be refunded (Rules 149-75). When an individual moves from one registered provider to another, the outgoing provider must give the incoming provider, within 28 days of a request, the records needed for continuity of care, including the records kept under Rules section 154-1000 (149-80).

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Continuity of care plans for each resident asked to leave; Record transfer requests and dispatch dates; Refund calculations tied to the plan

where it usually falls short Records transferred late or incompletely; Continuity plan missing refund and deposit arrangements

Every Aged Care Act clause we hold

Every registered provider must comply with, and ensure its aged care workers and responsible persons comply with, the worker screening requirements (Rules 152-5 to 152-25). Outside CHSP and NATSIFACP each worker and responsible person must hold an NDIS clearance or a police certificate no more than three years old recording no conviction for murder or sexual assault and no sentence of imprisonment for any other assault (with a statutory declaration to the same effect from anyone who was a citizen or permanent resident of another country after turning 16), or be supervised under a statutory declaration while an application is pending; a secondary school work-experience student may work under direct supervision of a cleared person. CHSP and NATSIFACP services use a different test: the police certificate must record no offence involving a death and no sentence of a year or more in the prior five years for a sex-related or dishonesty offence, with matching declarations and notification duties. The provider must require notification of NDIS exclusions, suspended clearances and relevant convictions and must not let a person continue once satisfied on reasonable grounds of a disqualifying conviction. Records of each person's clearance, who checked it and when are kept for seven years (154-900 to 154-910).

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Screening register showing clearance type, number, date and expiry for every worker and responsible person; Statutory declarations and supervision records for pending applications; Records of who verified each clearance and when; Policy requiring workers to report exclusions and convictions

where it usually falls short Police certificates older than three years; Overseas residence declarations missing; Board members never screened because they do not deliver care

Every Aged Care Act clause we hold

Every registered provider must ensure its aged care workers have appropriate qualifications, skills or experience for the funded aged care services it delivers (Rules 152-35), are given opportunities to develop their capability to provide those services, and meet any other prescribed requirements. For each worker the provider records how it has ensured the qualifications, skills or experience and the development opportunities given (Rules 154-905).

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Role-based qualification and skills matrix; Training and development records per worker; Verification of qualifications at engagement

where it usually falls short Workers assigned tasks beyond their verified skills; No development opportunities recorded for long-serving staff

Every Aged Care Act clause we hold

Every registered provider must, at least once every 12 months, consider the suitability matters for each responsible person as prescribed, be reasonably satisfied the person is suitable to be involved in delivering funded aged care services, keep a record of the person's name, the dates considered, the outcome for each suitability matter and the reasons, and meet any other requirements. Failing to consider the matters is an offence of 300 penalty units.

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Annual suitability assessment for each responsible person covering every section 13 matter; Searches supporting the assessment (banning orders, insolvency, disqualification); Documented outcome and reasons

where it usually falls short Assessment limited to a police check; Site managers and nursing leads left out as responsible persons; Assessments older than 12 months

Every Aged Care Act clause we hold

A responsible person of a registered provider who becomes aware of a change in circumstances relating to one of their own suitability matters must tell the provider in writing within 14 days with the details; failure is a strict liability offence of 30 penalty units. The provider in turn notifies the Commissioner under section 167.

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Written notices from responsible persons; Annual declarations prompting disclosure; Procedure linking these notices to section 167 notifications

where it usually falls short Responsible persons unaware of the personal duty; Notices received but not passed to the Commission

Every Aged Care Act clause we hold

A responsible person who is responsible for the provider's executive decisions or has authority or significant influence over its activities must exercise due diligence to ensure the provider complies with its section 179 duty, including reasonable steps to keep up to date with the Act's requirements, understand the services and their potential adverse effects, ensure appropriate resources and processes to manage those effects, ensure processes for receiving, considering and responding in time to incident and risk information, and ensure processes for complying with the provider's duties and requirements. A serious failure is a civil penalty of 150 penalty units, or 500 where death or serious injury or illness results, whether or not the provider is penalised.

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Board training records on the Act; Board reporting on incidents, risks and compliance with evidence of follow-up; Director site visits and resource decisions

where it usually falls short Board receives incident data without questioning trends; No documented director induction on aged care duties

Every Aged Care Act clause we hold

A non-government registered provider in the nursing and transition care or residential care categories must ensure a majority of its governing body are independent non-executive members (Aboriginal Community Controlled Organisations and qualifying co-operatives excepted, Rules 157-5) and at least one member has experience in the provision of clinical care (ACCOs excepted, 157-10), unless the governing body has fewer than five members and the provider serves fewer than 40 individuals, or a section 159 determination applies. Co-operatives must have members undertake co-operative governance training within six months of appointment (157-15). Membership and clinical-experience records are kept for seven years after each member's engagement ends (154-700 and 154-705).

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Board register identifying independent non-executive members; Evidence of a member's clinical care experience; Exemption determination or small-provider test calculation

where it usually falls short Independence assessed without criteria; Clinical expertise supplied only through an adviser, not a member; Small-provider exception assumed after growth past 40 individuals

Every Aged Care Act clause we hold

Every registered provider must take all reasonable steps to notify reportable incidents to the Commissioner in the approved written form and ensure workers who become aware of one tell a responsible person, supervisor or designated person as soon as possible. A priority 1 incident (one causing physical or psychological injury or discomfort needing medical or psychological treatment, where there are reasonable grounds to report to police, any unlawful sexual contact or inappropriate sexual conduct, an unexpected death or an unexplained absence) must be notified within 24 hours of becoming aware, with the provider, incident, harm, immediate actions, police or other reports, proposed actions, notifier, time and place, persons involved and cognition level, completing missing details within 5 days; an impairment affecting a person's ability to express injury must not be treated as reducing harm. All other reportable incidents are priority 2 notices within 30 days. Significant new information must be notified as soon as reasonably practicable, and a final report given within 84 days if the Commissioner requires. The Commissioner may waive notice for repeated allegations resulting from a delusion. Failure to report is a civil penalty of 250 penalty units.

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see SIRS notification records with time aware and time notified; Priority classification decisions with reasons; Five-day follow-up and final report submissions; Worker escalation records

where it usually falls short Priority 1 incidents notified after 24 hours; Resident-on-resident incidents in dementia units under-reported; Impairment used to downgrade an incident to priority 2

Every Aged Care Act clause we hold

A provider in the home and community services, advisory and support, personal and care support, nursing and transition care, residential care or subscription trial categories (Rules 164-1) must implement and maintain an incident management system covering incidents in connection with its services that caused or could reasonably have caused harm, and harm it becomes aware of in its residential homes (164-10). The system's objects are detecting, addressing, remediating and preventing incidents with open disclosure and continuous improvement (164-15). It must identify, record, assess, respond to and report incidents; specify procedures, support for affected persons (including advocates and interpreters), their involvement, worker and responsible person roles including notifying reportable incidents, a duty on workers to tell a responsible person, supervisor or designated person as soon as possible, when and how investigations and remedial action occur (164-20); record a minimum dataset for each incident retained seven years (164-25); and collect and regularly analyse data to find similar incidents and systemic issues, inform training, the Commissioner and advisory bodies, and improve (164-30). The provider documents the system and roles, gives the documents to workers, responsible persons and the Commissioner on request, trains workers at induction, on change and at least annually, requires compliance, and makes the documents accessible to individuals and supporters (164-35).

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Incident management system documentation with the Rules 164-20 elements; Incident register showing the 164-25 minimum dataset; Trend analysis reports and resulting actions; Annual training records on recognising and reporting incidents

where it usually falls short Incident data recorded but never analysed for trends; Workers unaware who to tell about a reportable incident; System documents not available to residents and families

Every Aged Care Act clause we hold

Each incident must be managed through the system by assessing and providing the support affected persons need, involving each affected person (or supporter or advocate) appropriately, and using open disclosure; where there are reasonable grounds to report to police, a police officer must be notified within 24 hours of becoming aware of the incident or of those grounds (Rules 164-40). The provider then assesses, with the affected persons' views, whether the incident was preventable, what remedial action would prevent recurrence or reduce harm, how well it was managed, how management could improve and whom else to notify, notifies those persons and bodies, takes the remedial action and takes reasonable improvement actions (164-45).

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Incident files showing support provided and open disclosure conversations; Police notification records with timestamps; Post-incident preventability assessments and remedial action tracking

where it usually falls short Police notified days after the grounds arose; Open disclosure not documented; Remedial actions identified but not completed

Every Aged Care Act clause we hold

Every registered provider must implement and maintain a complaints and feedback system that receives, records, assesses, acknowledges, responds to and reports on complaints and feedback and stores them securely; lets anyone complain or give feedback, orally or in writing, anonymously, free of charge, and withdraw it; gives accessible support including advocates and interpreters; acknowledges and supports independent advocates; involves and informs complainants and affected individuals who wish it; forbids reprisals; keeps information confidential; affords procedural fairness to both sides; practises open disclosure and restorative practice; meets any referral or notification laws; and is reviewed at least annually (Rules 165-15). The provider documents it, trains workers and responsible persons at induction, on change and at least annually, publishes an accessible document explaining how to complain (including to the Complaints Commissioner and advocates) and promising no victimisation, gives and translates it for individuals, and says at least monthly that complaints are welcome (165-20). Each complaint is resolved as soon as practicable with a rights-consistent, individual-centred approach, the outcome and reasons given and the Complaints Commissioner route explained (165-25); feedback is resolved in consultation (165-30); complainants and affected individuals are supported and protected from detriment, and open disclosure is used (165-35). The provider must not victimise or discriminate against anyone for complaining or giving feedback.

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Published complaints and feedback document; Complaints register with acknowledgement, outcome, reasons and days to resolve; Monthly communications inviting complaints; Annual system review report

where it usually falls short Anonymous complaints not accepted; Outcome letters omit the Complaints Commissioner route; No monthly message that complaints are welcome

Every Aged Care Act clause we hold

A residential care provider (Rules 162-5) may use a restrictive practice only as a last resort to prevent harm after considering its impact, after best-practice alternatives documented in the behaviour support plan, only as far as necessary and proportionate, in the least restrictive form for the shortest time, with informed consent (from the individual or, lacking capacity, the restrictive practices substitute decision-maker) to the practice and how it is used, in line with that consent and the plan, and consistently with the Quality Standards, the Code of Conduct, the Statement of Rights and State or Territory law (162-15). Non-chemical restraint needs an approved health practitioner with day-to-day knowledge to assess risk and necessity, documented in the plan (162-20); chemical restraint needs a medical or nurse practitioner's assessment, prescription and informed consent to prescribing, with the details documented and use exactly as prescribed (162-25). While in use the provider monitors distress, side effects, mood, wellbeing and function, reviews necessity and effectiveness, adjusts the environment and informs the prescriber (162-30). After emergency use it informs the substitute decision-maker and documents behaviours, alternatives, reasons and care (162-35). It must prevent coercion in nominating substitute decision-makers, help with nominations and keep records of them (162-40).

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Restrictive practice register with type, consent, assessment and review dates; Practitioner assessments and prescriptions for chemical restraint; Monitoring charts while a practice is in use; Emergency use documentation and substitute decision-maker notifications

where it usually falls short Psychotropic medication used as chemical restraint without a recorded consent to prescribing; Environmental restraint (locked areas) not recognised as a restrictive practice; Consent given by family members who are not the lawful substitute decision-maker

Every Aged Care Act clause we hold

Every registered provider must implement and maintain a whistleblower system that supports Part 5 of Chapter 7, lets individuals disclose to the provider, a responsible person or a worker, orally, in writing and anonymously, and is reviewed at least annually (Rules 165-45); document it, give it to workers and responsible persons, train them (including on the penalty for revealing a discloser's identity) at induction, on change and at least annually, and say at least monthly that disclosures are welcome (165-50); and keep and publish a whistleblower policy explaining the protections, where and how disclosures may be made (including to the Commission, the Department, police and advocates), how the provider manages and investigates them, supports disclosers and treats those named fairly, how it meets section 553, and what a discloser can do if victimised, given and explained to individuals, supporters and anyone who asks, translated where needed (165-55). Each qualifying disclosure is managed through the system with prompt appropriate action, support for the discloser and associated persons, and fair treatment of workers named (165-60); a discloser may elect to have it handled as a complaint instead (165-35(3) and (4)).

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Published whistleblower policy with the eight prescribed contents; Whistleblower system documentation and annual review; Disclosure register with actions and support provided; Training records covering identity confidentiality penalties

where it usually falls short Corporations Act whistleblower policy reused without the aged care disclosure channels; Disclosures received by frontline workers not routed to the system; No monthly communication welcoming disclosures

Every Aged Care Act clause we hold

Every registered provider must have a service agreement with each individual and deliver services in accordance with it. Under Rules sections 148-65 and 148-70 the agreement is entered on or before the start day (within 28 days in the specified circumstances and under the MPSP or NATSIFACP), developed with the individual and anyone they ask to be present, in plain language the individual is helped to understand; it carries a 14-day cooling-off right before the start day (with refunds), a 28-day withdrawal refund right for ongoing residential care, variation only for GST reasons on notice or by mutual consent, and review at least every 12 months and on request for ongoing services. It must not treat the individual less favourably than Commonwealth law would, and must state the parties, supporters, access approval, home, dates and how the individual is involved in decisions, plus for home support, assistive technology and home modifications the services, prices, reasons for any above-published price, indexation, fees, cessation circumstances and termination terms, and for residential care the fees charged, when the individual may be asked to leave, help to find alternative accommodation and fee-setting policies.

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Signed service agreements with each mandatory content item; Records of the individual's involvement and support to understand the agreement; Cooling-off and refund processing records; Annual agreement review records

where it usually falls short Agreements signed after the start day; Prices or indexation terms missing from home support agreements; Agreements varied unilaterally outside the GST exception

Every Aged Care Act clause we hold

Every registered provider must have a care and services plan for each individual in accordance with Rules sections 148-75 to 148-85: developed on or before the start day (within 28 days in the specified circumstances), given to the individual when developed, when updated and on request, and, for home and community, assistive technology and home modifications, and advisory and support categories, developed with the individual, supporters and others involved in care through ongoing communication, describing current needs, goals and preferences with risk management and preventive strategies and reviewed at least every 12 months for ongoing services. Plans outside residential care must list the services with their frequency and volume or duration, the plan review date and the agreement review date; on the restorative care pathway the restorative care partner develops the plan and it must address exit planning.

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Care and services plans with needs, goals, preferences, risks and service frequency; Evidence of the individual's and supporters' involvement; Plan review records at least every 12 months; Records of copies given to the individual

where it usually falls short Plans not updated after a change in condition; Service frequency and volume missing from home care plans; Individual never given a copy

Every Aged Care Act clause we hold

A registered provider delivering home support outside specialist programs must publish on its website the most common price it charges for each service in twelve service types (allied health and therapy, care management, domestic assistance, home maintenance and repairs, home or community general respite, meals, nursing care, personal care, restorative care management, social support and community engagement, therapeutic services for independent living, transport), separately for standard business hours, weekday non-standard hours, Saturdays, Sundays and public holidays. The most common price is the one most frequently charged over the previous two months, calculated at the end of August, October, December, February, April and June, and the website is updated within 30 days of a change; services not delivered in the last 12 months need not be priced. Assistive technology and home modification providers publish whether they charge an administration or coordination fee and its percentage, updated within 30 days of a change.

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Website pricing page snapshots at each calculation point; Most-common-price calculation workings from billing data; Change log showing updates within 30 days

where it usually falls short Prices published for business hours only; Pricing not recalculated every two months; Administration fee percentage not disclosed

Every Aged Care Act clause we hold

Any entity that receives a qualifying disclosure must take reasonable steps to preserve the anonymity of the discloser and anyone named in a request for anonymity; must not disclose the discloser's identity or information likely to identify them, obtained because of the disclosure, except to the Commission, the Department, the Inspector-General, police, a lawyer for advice on this Part, a court or Royal Commission, with consent, to prevent a serious threat, where the discloser elected complaint handling, or where already lawfully public (30 penalty units), though non-identity information reasonably necessary to deal with the matter may be shared with steps to reduce identification risk; and must not cause or threaten detriment to anyone because of a belief or suspicion that a disclosure was or may be made (500 penalty units each), reasonable administrative protective action excepted.

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Case files restricting discloser identity to need-to-know; Records of authorised disclosures and their basis; Review of adverse actions against known disclosers

where it usually falls short Investigator reveals the discloser's identity to the subject; Performance management begun shortly after a disclosure

Every Aged Care Act clause we hold

Where an individual needs behaviour support, the residential care provider must include a behaviour support plan in the care and services plan, taking previous assessments into account (162-45). The plan sets out background that helps understand the person, relevant assessments, behaviours of concern and each occurrence (date, time, duration, consequences, related incidents, triggers such as pain, boredom or loneliness), best-practice alternative strategies reflecting the person's preferences and aimed at quality of life, their use and effectiveness, and consultation (162-50). Where a restrictive practice is assessed as necessary, it adds the practice, duration, frequency and intended outcome, the alternatives to try first, monitoring and escalation, review questions (outcome, alternatives, less restrictive forms, ongoing need, reducing medication), the substitute decision-maker basis and the record of informed consent (162-55); after use it records how, when, how long and how often it was used, triggers, people involved, external support, monitoring and review outcomes (162-60); ongoing use repeats the consent and review content (162-65). The plan is reviewed regularly and after any change in circumstances (162-70), in consultation with the individual and supporters (or a lawful decision-maker), relevant health practitioners, the assessing practitioner and the substitute decision-maker, in an accessible format (162-75).

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Behaviour support plans for residents with behaviours of concern; Occurrence records with triggers and consequences; Consultation and consent records within the plan; Plan review history

where it usually falls short Plans list restrictive practices but no alternative strategies; Triggers such as pain not assessed; Plans not reviewed after hospital return or medication change

Every Aged Care Act clause we hold

Every registered provider must comply with the provisions of the Financial and Prudential Standards that apply to it, and a prescribed provider with any additional prudential requirements the rules set. The Standards are made by the Commissioner under section 376 and may cover liquidity and capital adequacy, keeping financial records (including about refundable deposits, bonds, accommodation charges, entry contributions, fees and contributions), governance systems and strategies for financial viability and sustainability, disclosure and reporting to support the Commissioner's monitoring, and investment management. The annual prudential compliance statement records the minimum liquidity amount in the liquidity management strategy and when the liquidity strategy, investment management strategy and financial and prudential management system were last reviewed (Rules 166-380).

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Liquidity management strategy with the minimum liquidity amount; Investment management strategy and review record; Financial and prudential management system documentation; Board-approved prudential compliance calendar

where it usually falls short Liquidity strategy not reviewed within the reporting period; Investment objectives not documented; Refundable deposit records inconsistent with the general ledger

Every Aged Care Act clause we hold

A registered provider that is a Corporations Act company with a constitution, or an Aboriginal and Torres Strait Islander corporation, and a wholly-owned subsidiary of a holding company that is not itself a registered provider, must ensure its constitution does not authorise a director to act in good faith in the best interests of the holding company, so directors' duties run to the provider.

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Current constitution with legal review against section 161; Group structure chart identifying the holding company's registration status

where it usually falls short Group template constitution retaining the holding company interests clause; Constitution not reviewed after a restructure

Every Aged Care Act clause we hold

An entity that ceases to be a registered provider of a prescribed kind must retain for seven years after ceasing every record it was required to retain as a condition of registration immediately before ceasing that relates to a funded aged care service it delivered, unless it was required to transfer the record to someone else; failure is an offence of 60 penalty units.

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Exit or wind-down plan covering record custody; Archive arrangements with a seven-year retention trigger from cessation; Transfer records for files passed to other providers

where it usually falls short Records destroyed on sale of the business; Archive contract ending before seven years

Every Aged Care Act clause we hold

A residential care provider (outside TCP, MPSP and NATSIFACP, with a separate NATSIFACP rule) must ensure, for each approved residential care home and quarter, that the average care minutes delivered by direct care staff per counted resident per day meet the home's required combined staff average, that registered nurse care minutes reach at least 90 percent of the required registered nurse average, and that registered and enrolled nurse minutes together reach the full required registered nurse average; the required averages are the prescribed daily amounts for each day of recognised residential care in the home over the reference period, averaged and rounded to two decimals, and residents on extended hospital leave from day 29 are not counted.

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Quarterly care minutes calculation per home; Payroll and roster data supporting reported minutes; Care minutes performance statement in the financial report

where it usually falls short Non-direct care hours counted as care minutes; Enrolled nurse minutes used to meet the 90 percent registered nurse floor

Every Aged Care Act clause we hold

A provider delivering ongoing residential care must not make a resident leave, or imply they must leave, unless a prescribed ground applies (the home is closing; it can no longer meet assessed needs and has not agreed to deliver them; an approved needs assessor finds the care is no longer needed; a specialist dementia care clinical advisory committee decides; fees unpaid for 42 days for reasons within the resident's control; intentional serious damage to the home or serious injury to a worker or resident; or an absence of at least seven days other than emergency, hospital, hospital transition, extended hospital or social leave), suitable affordable alternative accommodation is available, and at least 14 days' written notice has been given with reasons, rights and a copy of the continuity of care plan (Rules 149-50 to 149-65). Needs for the capability ground are assessed by an approved needs assessor or two competent practitioners, one independent and chosen by the resident. A resident may be moved between rooms only at their request, with genuine agreement free of pressure, on assessed medical grounds, on a dementia committee decision, for repairs with a right to return, or in an emergency (149-70).

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Written notices to leave with grounds, date, rights and continuity of care plan; Needs assessments supporting a capability ground; Evidence of an alternative accommodation offer; Room move consent or assessment records

where it usually falls short Residents pressured to accept room moves; Notice given before alternative accommodation was secured; Absence ground used during approved hospital or social leave

Every Aged Care Act clause we hold

Every registered provider must comply with the Aged Care Code of Conduct and take reasonable steps to ensure its aged care workers and responsible persons comply. Under Rules section 14-5, when delivering funded aged care services each of them must: respect individuals' rights to freedom of expression, self-determination and decision-making; treat individuals with dignity and respect and value their diversity; respect privacy; deliver services safely and competently with care and skill; act with integrity, honesty and transparency; promptly raise and act on concerns that may affect quality and safety; deliver services free from all forms of violence, discrimination, exploitation, neglect and abuse and from sexual misconduct; and take all reasonable steps to prevent and respond to those harms. For a responsible person the requirements apply to the performance of their responsibilities and functions (Rules section 14-10).

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Code of Conduct acknowledgement signed by each worker and responsible person; Induction and refresher training records on the eight Code requirements; Register of Code concerns raised, investigated and actioned; Copy of the Code given to individuals (Rules 155-55)

where it usually falls short Contractors, agency staff and volunteers not brought under the Code; Concerns raised by workers not escalated or acted on promptly; Board members never briefed that the Code binds them personally

Every Aged Care Act clause we hold

A registered provider to which section 164 applies must not victimise or discriminate against anyone, whether a worker, individual, family member or other person, for reporting an incident.

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Anti-victimisation clause in the incident policy; Review of adverse action taken against recent incident reporters

where it usually falls short Reporters moved rosters or disciplined shortly after reporting; No channel to raise victimisation concerns

Every Aged Care Act clause we hold

A registered provider must protect the personal information of individuals it serves: use it only for delivering their funded aged care services or the purpose for which it was given; without consent, disclose it only for their care by it, an associated provider or another registered provider, for the purpose it was given, or to comply with the Act; and protect it with reasonable security safeguards against loss or misuse. Courts, tribunals and bodies with compulsory powers may still obtain it.

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Privacy policy mapping permitted uses and disclosures; Access controls and security safeguards over care records; Consent records for other disclosures

where it usually falls short Resident information disclosed to family without consent or a permitted purpose; Care records on unsecured shared drives or personal devices

Every Aged Care Act clause we hold

A registered provider must ensure, as far as reasonably practicable, that sections 549, 550(1) and 551(1) and (3) are complied with, by itself and by others such as its workers, responsible persons and associated providers, for aged care workers and responsible persons of the provider who make qualifying disclosures; and where a worker or responsible person receives a qualifying disclosure, the provider must take reasonable measures to ensure the recipient does not reveal who made it except as the Part authorises.

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Whistleblower policy section describing section 553 measures; Training for managers who may receive disclosures; Monitoring of treatment of worker disclosers

where it usually falls short Associated providers and contractors outside the provider's protection measures; Frontline recipients of disclosures not trained on confidentiality

Every Aged Care Act clause we hold

A residential care provider that receives or has received a refundable deposit, accommodation bond or entry contribution wholly or partly as a lump sum (Rules 150A-3) must establish and maintain a refundable deposit register, consistent with section 168, able to produce the prescribed information as a single itemised document and to feed information to the Commissioner. For each refundable deposit it records the individual, payment system number, entry date, each lump-sum payment and date, each authorised deduction with date, provision and reason, the month-end balance, refunds and their dates, any Pricing Authority approval number for above-maximum prices and any transfers; on refund it records the reason date (death with probate evidence, departure, change of care or of means-tested amount), the due date under section 311, the refund date and amount and interest at the base and maximum permissible rates. Equivalent entries are kept for accommodation bonds and entry contributions held since 1 July 2006 (Rules 150A-5 to 150A-35).

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Refundable deposit register extract for sampled residents; Reconciliation of register balances to the ledger at month end; Refund calculations with due date and interest workings

where it usually falls short Deductions recorded without the authorising provision; Month-end balances missing; Refunds paid late without interest recorded

Every Aged Care Act clause we hold

Every registered provider must keep and retain the prescribed kinds of records, consistently with section 168. The Rules require records demonstrating compliance with Chapter 3 obligations and conditions and records enabling compliance to be assessed (154-2 and 154-1300), records enabling subsidy claims to be verified such as agreements, clinical records, invoices and worker attendance (154-1205), incident details (154-150), complaints and feedback records including resolution time, evaluation and training (154-205), financial and prudential reports (154-300), quality indicator records (154-110), governing body and advisory body records (154-700 to 154-805), screening records (154-900 to 154-915, including copies of misconduct allegation records), continuity records such as agreements, care plans, clinical notes, accounts and monthly statements (154-1000), and program-specific records for CHSP, NATSIFACP, MPSP and TCP; nearly all for seven years. A provider that is not bound by the Privacy Act 1988 must correct personal information as Australian Privacy Principle 13 requires (154-3).

Held text: Act No. 104 of 2024, Comp. No. 2 (C2026C00301, compilation date 1 Jul 2026); the Act commenced 1 Nov 2025; Aged Care Rules 2025 Comp. No. 10 (F2026C00802).

what an auditor asks to see Records retention schedule mapped to each Rules record class; Sample retrieval of seven-year-old records; Worker attendance and invoice records supporting claims

where it usually falls short Retention periods counted from the wrong trigger date; Complaint records lacking resolution time and evaluation; Records destroyed on a shorter State schedule

Every Aged Care Act clause we hold