Aged care quality and safety regulation is intended to protect and enhance the health and wellbeing of care recipients.
This Background Paper summarises the key aspects of quality and safety regulation provided for in the Aged Care Act 1997 (Aged Care Act), the Aged Care Quality and Safety Commission Act 2018 (Quality and Safety Commission Act) and supporting legislative instruments, including:
- approval of providers, making them eligible to receive government subsidies and supplements to provide aged care
- the responsibilities of approved providers, including in relation to quality of care, user rights and accountability
- accreditation and quality review processes
- enforcement and sanctions
- complaints processes
- advocacy and community visitors.
There are some aged care services that are grant funded and operate outside the legislative framework of the Aged Care Act, namely the Commonwealth Home Support Programme and the National Aboriginal and Torres Strait Islander Flexible Aged Care Program. The arrangements in place to regulate the quality and safety of these programs will also be described in this paper.