New regulatory requirements for aged care providers.
The Commonwealth Parliament passed the Aged Care Amendment
(2008 Measures No 2) Act which amended the Aged Care Act
1997 and other legislation, which took effect on 1 January
The amendments include:
A clarification of the range of people who are an approved
provider's 'key personnel' to ensure all board members
are included, as well as any other person who has authority or
responsibility for (or significant influence over) planning,
directing or controlling the activities of the approved
Linking approved provider status to the allocation of places,
so that an applicant that is successful in seeking approved
provider status will not become an approved provider until places
are allocated or transferred to it. Approved providers who did not
hold any places at 1 January 2009 have until 1 July 2009 to obtain
places or their approved provider status will lapse.
Assessing an approved provider by reference to other approved
providers with common key personnel to ensure that corporate
structures cannot be used to prevent the Department of Health and
Ageing considering the care provision performance of related
entities and deal with them on a group basis.
New regulations concerning the outsourcing of care provision by
approved providers and regarding changes to management
Enabling the transfer of provisionally allocated places in
Treating unregulated lump sums in the same way as accommodation
bonds for the purposes of the Accommodation Bond Guarantee
An obligation to notify the Department if a resident is
reported missing to police.
Reducing reassessments of persons by Aged Care Assessment
A requirement for all staff to undergo police checks.
Aged care providers must familiarise themselves with the new
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