Aged Care - Sanctions and Notices of Non-Compliance

Page last updated: 06 April 2017

This page provides information about regulatory action taken against approved providers of Australian Government subsidised aged care services by the Department of Health.

Current and archived notices of non-compliance and sanctions

Current and archived notices of non-compliance and sanctions are available on My Aged Care

Sanctions

Sanctions are imposed by the department on approved providers where there is an immediate and severe risk to the health, safety or well being of care recipients or where the service does not rectify continued non-compliance. Issues considered when making a decision to impose sanctions include whether the non-compliance is minor or serious, whether the non-compliance has occurred before and whether the health, welfare or interests of care recipients at the service are threatened.

A range of sanctions can be imposed on an approved provider including revoking or suspending approval as a provider of aged care services and restricting approval to provide aged care services. The type of sanctions imposed on an approved provider will depend on the nature of the non-compliance.

When sanctions are imposed on an approved provider, care recipients at the affected service receive a letter from the approved provider. This letter informs care recipients of the problems that caused the sanctions and the actions the approved provider must take to fix the problems. The service is also expected to meet with care recipients and their representatives to tell them about the sanctions and answer any questions. The department closely monitors the service to ensure that problems are fixed quickly and that care recipients are supported during this period.

Information on all sanctions imposed is published online. The information published includes the name and address of the services, the name of the approved provider, the sanctions imposed under the Aged Care Act 1997, the reasons for imposing sanctions, relevant dates and the status of the service.

Information on sanctions imposed is never deleted. Once a sanction expires, or is lifted by the department, the published information is moved from “Current Sanctions” to “Archived Sanctions”. “Archived Sanctions” contains information on all sanctions imposed by the department.

Notices of non-compliance

Notices of non-compliance are issued by the department when an approved provider is non-compliant with its responsibilities under the Aged Care Act 1997. These responsibilities include complying with the Accreditation Standards, the Home Care Common Standards and the Charter of care residents’ rights and responsibilities.

A notice of non-compliance issued to an approved provider details the department’s concerns. The approved provider must respond to the notice of non-compliance with the actions they propose to remedy the non-compliance and the timetable for carrying out the action.

An approved provider who has received a notice of non-compliance is expected to inform care recipients at the affected service of the identified problems, explain the actions that will be taken by the approved provider to fix the identified problems and answer any questions.

When a notice of non-compliance is issued, the approved provider may have up to 14 days under the Aged Care Act 1997 to make a written submission in response to the notice of non-compliance. After the department has considered any submissions, information regarding the notice of non-compliance may be published online.

The information published includes the name and address of the service, the name of the relevant approved provider, the reasons for the notice of non-compliance and the date of issue. A notice of non-compliance will appear on the “Current Notices of Non-Compliance” page until the approved provider has addressed the non-compliance. At this stage, the information will move to “Archived Notices of Non-Compliance” page where it will remain for a period of two years. If the non-compliance is not addressed by the approved provider within the timeframes set, the department may impose sanctions.

Information taken into account when taking compliance action

When imposing sanctions or issuing Notices of non-compliance, the department takes into account the procedures outlined under Part 4.4 of the Aged Care Act 1997. This may include reports by the Australian Aged Care Quality Agency. Where reports are publicly available, they may be obtained from the Australian Aged Care Quality Agency’s website.

Disclaimer Notice

Material published by the Commonwealth of Australia, Department of Health, on this site is made available under the Aged Care Act 1997 and is believed to be reliable and accurate at the time of placement on the Internet.