Aged Care Act 2024

A recoverable amount may be recovered by the Commonwealth in a court of competent jurisdiction.

Subject to subsections (3), (4) and (5), legal proceedings for the recovery of a recoverable amount are not to be commenced after the end of the period (the recovery period) of 6 years starting on the first day any of the following becomes aware, or could reasonably be expected to have become aware, of the circumstances that gave rise to the recoverable amount:

the System Governor;

an APS employee in any of the following:

the Department;

Services Australia;

the Department administered by the Minister who administers the Data‑matching Program (Assistance and Tax) Act 1990.

If, within the recovery period, part of the recoverable amount is paid, legal proceedings for the recovery of the balance of the recoverable amount may be commenced within the period of 6 years starting on the day of payment.

If, within the recovery period, a debtor in relation to the recoverable amount acknowledges that the debtor owes the recoverable amount, legal proceedings for the recovery of the recoverable amount may be commenced within the period of 6 years starting on the day of acknowledgement.

If, within the recovery period, either of the following occurs:

a review of a file relating to action for the recovery of the recoverable amount;

other internal Departmental activity relating to action for the recovery of the recoverable amount;