Aged Care Act 2024

The Commissioner must not register, or renew the registration of, an entity as a registered provider unless the Commissioner is satisfied that:

the entity has an ABN; and

the entity is suitable to deliver funded aged care services having regard to the following:

the entity’s compliance with any law of the Commonwealth or any law of a State or Territory in which the entity operates (including any history of non‑compliance with such laws);

whether a banning order or an NDIS banning order against the entity is, or has at any time been, in force;

if the entity was previously a registered provider, an approved provider or a registered NDIS provider—whether that registration was revoked (other than on request by the entity);

if the entity is a registered provider or a registered NDIS provider—whether that registration is suspended;

the entity’s previous experience and performance in delivering funded aged care services in the entity’s intended service types or other similar services;

the entity’s legal and business structure, including whether the entity is an entity within the meaning of this Act;

any other matter prescribed by the rules; and

if the entity is not a government entity—the entity:

has a record of sound financial management; and

has systems that the entity uses, or proposes to use, in order to ensure sound financial management in relation to the delivery of the funded aged care services; and

each responsible person of the entity is suitable to deliver funded aged care services having regard to the suitability matters; and

the entity satisfies the requirements in subsection (2) for at least one of the provider registration categories specified in the entity’s application for registration or renewal (as the case requires); and

the entity satisfies any other requirements prescribed by the rules.

For suitability matters in relation to individuals, see section 13.

For each provider registration category specified in an entity’s application under subsection 104(1) (registration of providers) or 107(1) (renewal of registration), the Commissioner must be satisfied of the following before deciding to register, or renew the registration of, the entity in that provider registration category:

the entity’s intended service types include service types that are in the provider registration category and the entity intends to deliver those service types in the 3 year period after the application is made;

the entity has the commitment, capability and capacity (including through any systems the entity has, or proposes to have) to deliver funded aged care services, having regard to the intended service types;

if any of the funded aged care services in the intended service types are services delivered in a residential care home—either:

the entity has made an application under section 111 (approval of residential care homes) and at least one residential care home specified in that application meets the requirements in paragraph 113(b); or

at least one approved residential care home of the entity meets the requirements in paragraph 113(b);

for a provider registration category prescribed by the rules—either:

an audit conducted in accordance with rules made for the purposes of section 110 has found the entity will be able to conform with the Aged Care Quality Standards that apply to the provider registration category; or

circumstances prescribed by the rules apply in relation to the entity and the provider registration category;

any other requirements prescribed by the rules.

Despite subsections (1) and (2), if a banning order is in force in relation to an entity, the Commissioner must not register, or renew the registration of, the entity in a way that would be inconsistent with the banning order.

The rules may prescribe that one or more of the paragraphs in subsection (1) or (2) (other than paragraph (2)(d)) do not apply in relation to an entity in a class of entities prescribed by the rules.