Aged Care Act 2024

A registered provider of a kind prescribed by the rules must give notice to the Commissioner of any change of a kind prescribed by the rules in accordance with any requirements prescribed by the rules.

If circumstances prescribed by the rules apply, a notice under subsection (1) must also be given to the System Governor.

Without limiting subsection (1), the rules may prescribe that a registered provider must give notice of a change in relation to the following:

a change of circumstances or an event that materially affects the provider’s suitability to be a registered provider taking into account the matters referred to in paragraph 109(1)(b) (which deals with suitability of registered providers);

a change of circumstances that relates to a suitability matter in relation to a responsible person of the provider;

a change in the responsible persons of the provider;

a significant change in the organisation or governance arrangements of the provider;

a significant change in the scale of the provider in relation to the funded aged care services delivered by the provider;

a change in the service types delivered by the provider;

specified changes relating to the associated providers of the provider;

specified changes to an approved residential care home;

specified financial and prudential matters.

See section 13 for the definition of suitability matter.

A notice under subsection (1) or (2) must:

be given within 14 days after the registered provider becomes aware of the change in circumstances; and

be in an approved form; and

include any information prescribed by the rules in relation to a change of circumstances or event of a kind prescribed by the rules.

An entity contravenes this subsection if:

the entity is a registered provider; and

the entity fails to comply with subsection (1) or (2).