Notices of non-compliance and sanctions
Notices of non-compliance and sanctions can be applied to aged care homes and service providers delivering Home Care Packages in your own home.
Notices of non-compliance
If a service provider is not providing you with the care and services required by the law, the Department of Health may give them a notice of non-compliance. The notice lets them know there are problems that need to be fixed.
If the service provider doesn’t take action within the agreed time period, the Department of Health may place a sanction on them.
If there is an immediate and severe risk to the safety, health or wellbeing of someone receiving aged care services, the Department of Health may place sanctions on the service provider. Sanctions can also be placed on a service provider when it has received a notice of non-compliance but has not fixed the problem in an agreed period of time.
A range of sanctions may be placed on providers depending on the problems that have been identified. Sanctions usually mean a service provider must use an expert to help fix the problems as quickly as possible. A sanction may also mean that the service provider can’t take on any new care recipients while the sanction is in place.
The Department of Health receives information about problems in aged care services from a range of sources, including the Aged Care Quality and Safety Commission.
When a service provider receives a sanction
Care recipients receiving care and services from a sanctioned service provider will be sent a letter telling them about the problem(s) at the service and what the sanctions mean.
The service provider is expected to arrange a meeting with care recipients, as well as family members. The purpose of the meeting is to tell everyone what the problem/s are and how they will fix them by a certain date. The department will check that the service provider fixes the problems.