Approved Provider Principles 2014

Link to law: https://www.comlaw.gov.au/Details/F2014L00698

 
Approved Provider Principles 2014
I, Mitch Fifield, Assistant Minister for Social Services, make the following principles.
Dated 5 June 2014
Mitch Fifield
Assistant Minister for Social Services
 
  
  
  
Contents
Part 1—Preliminary                                                                                                                                        1
1............ Name of principles........................................................................................................ 1
2............ Commencement............................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Definitions..................................................................................................................... 1
Part 2—Suitability of people to provide aged care                                                                      2
5............ Purpose of this Part....................................................................................................... 2
6............ Suitability and experience of applicant’s key personnel................................................. 2
7............ Applicant’s ability and experience................................................................................. 3
8............ Applicant’s record of financial management.................................................................. 3
9............ Applicant’s conduct as a provider................................................................................. 4
10.......... Applicant’s conduct and experience.............................................................................. 4
11.......... Other relevant matters.................................................................................................... 4
Part 3—Requests for further information                                                                                        5
12.......... Purpose of this Part....................................................................................................... 5
13.......... Circumstances in which Secretary may require further information to be given within shorter period     5
 
Part 1—Preliminary
  
1  Name of principles
                   These principles are the Approved Provider Principles 2014.
2  Commencement
                   These principles commence on 1 July 2014.
3  Authority
                   These principles are made under section 96‑1 of the Aged Care Act 1997.
4  Definitions
                   In these principles:
Act means the Aged Care Act 1997.
application means an application under section 8‑2 of the Act.
Note:          A number of expressions used in these principles are defined in the Act, including the following:
(a)    approved provider;
(b)    key personnel;
(c)    subsidy.
Part 2—Suitability of people to provide aged care
  
5  Purpose of this Part
                   For subsections 8‑3(1) and (5) of the Act, this Part specifies matters that the Secretary must consider, or have regard to, in deciding whether a person (the applicant) who has applied to be approved as a provider of aged care is suitable to provide aged care.
6  Suitability and experience of applicant’s key personnel
                   In considering, under paragraph 8‑3(1)(a) of the Act, the suitability and experience of the applicant’s key personnel, the Secretary must have regard to the following matters for each one of the key personnel:
                     (a)  whether the person is at least 18 years old;
                     (b)  the honesty of the person, and, in particular:
                              (i)  any claims by the person, or by a corporation with which the person has been associated, for benefits and subsidies from the Commonwealth or a State, Territory or local government authority; and
                             (ii)  whether the person, or a corporation with which the person has been associated, has met obligations to Commonwealth, State, Territory and local government authorities; and
                            (iii)  whether the person, or a corporation with which the person has been associated, has been refused a licence or approval, or had a licence or approval revoked, under a Commonwealth, State, Territory or local government law for any reason that involved an act of dishonesty; and
                            (iv)  whether the person, or a corporation with which the person has been associated, has levied, or attempted to levy, any charge for services where there was no entitlement to do so;
                     (c)  whether, because of serious misconduct involving the person, the person or someone else (including a corporation) with which the person was associated, has had:
                              (i)  an application for approval as a provider of aged care rejected; or
                             (ii)  approval as a provider of aged care revoked;
                     (d)  whether the person:
                              (i)  is or has been a bankrupt, has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, or has compounded with his or her creditors; or
                             (ii)  has been associated in a management capacity with a body corporate that is or has been under external administration on grounds of insolvency;
                     (e)  for each approved provider (if any) for whom the person has been one of the key personnel:
                              (i)  the approved provider’s management of refundable deposits, accommodation bonds and entry contributions in accordance with the Act; and
                             (ii)  the person’s responsibilities in relation to the management of those refundable deposits, accommodation bonds and entry contributions.
Example:    For subparagraph (b)(ii), obligations include the obligation to pay payroll taxes, workers’ compensation premiums and local government rates and taxes.
7  Applicant’s ability and experience
             (1)  The Secretary must have regard to the matters set out in subsection (2) in considering:
                     (a)  under paragraph 8‑3(1)(b) of the Act, the applicant’s ability to provide, and its experience (if any) in providing, aged care; and
                     (b)  under paragraph 8‑3(1)(c) of the Act, the applicant’s ability to meet (and, if the applicant has been a provider of aged care, its record of meeting) relevant standards for the provision of aged care; and
                     (c)  under paragraph 8‑3(1)(d) of the Act, the applicant’s commitment to (and, if the applicant has been a provider of aged care, its record of commitment to) the rights of the recipients of aged care.
             (2)  The matters are:
                     (a)  the applicant’s demonstrated experience in the provision of care:
                              (i)  to aged or disabled persons; or
                             (ii)  in other supported environments; or
                            (iii)  in any other area that the Secretary considers relevant; and
                     (b)  the applicant’s record of paid or voluntary involvement in residential or community services for aged or disabled persons or persons in residential or community care environments; and
                     (c)  the applicant’s experience and efficiency in personnel management, including:
                              (i)  the applicant’s record of staff management; and
                             (ii)  the staff management practices employed or proposed to be employed to manage the service effectively and efficiently.
Example:    For subparagraph (2)(a)(ii), other supported environments include the following:
(a)    day care centres;
(b)    flexible care services;
(c)    home and community care (HACC) programs;
(d)    home care services;
(e)    nursing homes or hostels for the aged;
(f)    residential care services;
(g)    retirement villages;
(h)    sheltered housing.
8  Applicant’s record of financial management
                   In considering, under paragraphs 8‑3(1)(e) and (f) of the Act, the applicant’s record of financial management, and the methods that the applicant uses, or proposes to use, in order to ensure sound financial management, the Secretary must have regard to the following matters:
                     (a)  whether the applicant has kept appropriate books, documents and records;
                     (b)  the applicant’s financial liabilities, including lease obligations;
                     (c)  whether the applicant is or has been under external administration on grounds of insolvency;
                     (d)  whether the applicant has followed recognised accounting standards.
9  Applicant’s conduct as a provider
                   In considering, under paragraph 8‑3(1)(g) of the Act, the applicant’s conduct as a provider of aged care, its compliance with its responsibilities as a provider and its obligations arising from the receipt of any payments from the Commonwealth for providing that aged care, the Secretary must have regard to the following matters:
                     (a)  whether care recipients (while being provided with aged care by the applicant) or staff of the applicant (while in the course of their employment or engagement by the applicant) have been assaulted or physically or mentally abused and, if so, the extent to which:
                              (i)  the applicant failed to prevent such actions; or
                             (ii)  the actions were assisted or condoned by the applicant;
                     (b)  whether care recipients (while being provided with aged care by the applicant) and staff of the applicant (while in the course of their employment or engagement by the applicant) have been treated with courtesy and respect, with due regard to religious, cultural and social diversity;
                     (c)  the applicant’s management of refundable deposits, accommodation bonds and entry contributions in accordance with the Act.
10  Applicant’s conduct and experience
             (1)  For paragraph 8‑3(1)(h) of the Act, the Secretary must consider the conduct and experience of the applicant other than as a provider of aged care.
             (2)  In considering the conduct and experience of the applicant other than as a provider of aged care, the Secretary must have regard to the following matters:
                     (a)  the information provided by the applicant in support of an application to be approved as a provider of aged care, or in the course of a review of the applicant’s status as an approved provider;
                     (b)  whether the applicant has met its obligations to Commonwealth, State, Territory and local government authorities;
                     (c)  whether the applicant has been convicted of an indictable offence.
11  Other relevant matters
                   In considering the matters mentioned in paragraphs 8‑3(1)(a) to (h) of the Act, the Secretary may have regard to any other relevant matter in addition to the matters referred to in sections 6 to 10.
Part 3—Requests for further information
  
12  Purpose of this Part
                   For subsection 8‑4(4) of the Act, this Part specifies the circumstances in which the Secretary may exercise the power under subsection 8‑4(1) of the Act to specify a shorter period within which an applicant may give further information in support of an application.
13  Circumstances in which Secretary may require further information to be given within shorter period
                   The Secretary may exercise the power only if the Secretary reasonably believes:
                     (a)  that care for care recipients may be prejudiced by delay in deciding whether to approve the applicant as a provider of aged care; or
                     (b)  that the applicant, or one of the applicant’s key personnel, has:
                              (i)  been refused approval as a provider of aged care; or
                             (ii)  had approval as a provider of aged care revoked under subsection 10‑3(1) of the Act.
Example:    For paragraph (a), care for care recipients may be prejudiced by delay in deciding whether to approve an applicant as a provider of aged care if approved places have been transferred and it is necessary to relocate care recipients.
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