When choosing an aged care provider, you want to make sure that they deliver safe, high quality care. The Australian Government, through the Aged Care Quality and Safety Commission, has checks in place to make sure providers are complying with regulations and standards.
On this page, we will step you through what you need to know.
What is compliance?
How can I check if a provider has non-compliance decisions?
The Compliance Rating
What if I can’t see a rating?
Types of non-compliance decisions
What happens if my aged care provider receives a sanction?
What are the Aged Care Quality Standards?
Where can I find more information?
What is compliance?
Every aged care provider needs to meet a number of government regulations and standards to protect and enhance the safety, health, and wellbeing of older Australians receiving care. Checking compliance is the process of making sure providers meet these requirements and taking action when they do not.
The Aged Care Quality and Safety Commission (the Commission) monitors compliance. They check that aged care service providers and aged care homes are providing safe, effective, and high quality care to older Australians.
If a provider is not meeting regulations and standards, the Commission may take strong regulatory action including non-compliance decisions. This means that the provider needs to make improvements to how they deliver care to older Australians.
How can I check if a provider has non-compliance decisions?
You can find any current or historic non-compliance decisions for both aged care homes and Home Care Package providers in the Find a provider tool. You can search either by provider name or location to find the aged care home or service provider you are interested in. Once you’re on their profile page, go to the Compliance tab.
A provider may have no compliance information and/or no rating due to a recent ownership change. You can see how they performed under the previous owners by viewing the archived Compliance page for that service provider or aged care home in Find a provider. On the provider’s Overview tab, scroll down to Business information. You can also find this information using Find a provider’s name search function.
The Compliance Rating
In December 2022, the Australian Government introduced Star Ratings for aged care homes. Star Ratings provide simple information about the quality of care an aged care home delivers and how they compare to others.
Compliance is one of the 4 key areas of performance that make up the overall Star Rating. The Compliance Rating is based on an aged care home’s compliance performance and history. It is updated when non-compliance decisions are issued and resolved.
The table below displays the different rating levels and what they mean.
| Compliance Rating | What this means | |
|---|---|---|
 | Excellent | The Commission visited the aged care home and gave an accreditation period of 3 or more years. The service has had no compliance issues for the last 3 years. |
 | Good | The aged care home has had no compliance issues for 1 year. |
 | Acceptable | The aged care home has no compliance issues or is working with the Commission to fix compliance issues. |
 | Improvement needed | The aged care home has current compliance issues, and the Commission requires the home to take action to fix them. |
 | Significant improvement needed | The aged care home has current compliance issues, and the Commission has put conditions on the home until the issues are fixed. |
What if I can’t see a rating?
In some cases, there may not be a Star Rating for a provider. Usually, this is because it is a new home or there are new owners. It may take up to 12 months to collect all the data that makes up the rating. From around 6 months, some of the subcategory ratings will start to appear. A Compliance Rating will be given immediately if any issues are discovered; otherwise, it is based on its compliance status at 12 months.
Types of non-compliance decisions
If a provider is not meeting regulations and standards, the Aged Care Quality and Safety Commission will issue a non-compliance decision. Different actions can be taken depending on the nature of the issues and how serious they are. Where there is more than one non-compliance decision currently in place the Compliance Rating will reflect the most serious decision. The non-compliance decisions are listed below in order of increasing seriousness.
Directions – to Revise a Plan for Continuous Improvement (PCI Directions)
The Commission may give a provider a Direction to make improvements when there are compliance issues. The provider must give the Commission a plan for how they will meet all the Aged Care Quality Standards.
This will result in a 3-star Compliance Rating.
Compliance Notice – Incident Management (IMCN)
The Commission may give a provider an Incident Management Compliance Notice if the provider has not done the right thing when a serious incident happened at the service. The notice tells the provider what they need to do.
This will result in a 2-star Compliance Rating.
Compliance Notice - Restrictive Practices (RPCN)
‘Restrictive practices’ is when a provider limits a person from doing what they want to do. There are laws about how and when a provider can use restrictive practices. The Commission may give the provider a Restrictive Practices Compliance Notice when they have not used restrictive practices properly.
This will result in a 2- star Compliance Rating.
Compliance Notice - Code of Conduct (CCCN)
The Commission may give a provider a Code of Conduct Compliance Notice that tells the provider what they need to do if:
- the provider’s conduct is inconsistent with the Code of Conduct, or
- the provider has not taken reasonable steps to ensure that their aged care workers and governing persons comply with the Code of Conduct.
This will result in a 2-star Compliance Rating.
Notice to Remedy (NTR) (formerly known as Non-compliance Notice)
The Commission may give a provider a Notice to Remedy when there are compliance issues that they need to fix. The provider has to tell the Commission how they are going to fix the issues by a certain date. If they do not fix the issues, the Commission can give them a sanction.
This will result in a 2-star Compliance Rating.
Issuance of Infringement Notice – Compliance Notice
The Commission can give a provider an Infringement Notice when a provider has not met the requirements of a Compliance Notice. The Infringement Notice means they must pay a fine.
This will result in a 1-star Compliance Rating.
Issuance of Infringement Notice – Victimisation
The Commission can give a provider an Infringement Notice if they believe the provider has treated someone badly for reporting an issue to the Commission. The Infringement Notice means that the provider has to pay a fine. If they do not pay the fine, the Commission can take legal action.
This will result in a 1-star Compliance Rating.
Notice of Requirement to Agree (NTA)
The Commission may give a provider a Notice to Agree when there are serious compliance issues, and the Commission is considering taking away the provider’s approval to provide aged care. A Notice to Agree means the provider must agree to take actions set out by the Commission. For example, requiring them to employ an expert advisor to help them fix the issues. If the provider does not agree, the Commission may take away their approval to provide aged care services.
This will result in a 1-star Compliance Rating.
Notice of Decision to Impose Sanction
The Commission may give a provider a sanction when there are serious compliance issues. A sanction means the service must fix any issues quickly to protect people receiving care. The sanction may include different conditions depending on the type of compliance issue. This may include restricting the provider’s approval to take new people into their care, limiting the fees they can charge, and making them repay fees.
This will result in a 1-star Compliance Rating.
What happens if my aged care provider receives a sanction?
If your aged care provider receives a sanction or notice to agree due to non-compliance, you will receive a letter explaining the issues and what the action means. You can also read the details of the notice on the My Aged Care website by viewing your provider’s profile in Find a provider.
Your provider is also expected to arrange a meeting with you and your family members or representatives. They should explain the issues and how they will address them by a certain date.
When the Commission has found that the issues have been addressed, and the non-compliance period has finished, the provider’s Compliance Rating will be updated on the My Aged Care website.
What are the Aged Care Quality Standards?
When checking an aged care home’s compliance, the Commission may also check a provider’s performance against the 8 Aged Care Quality Standards. These apply to all government-funded aged care services and define the level of care expected from aged care homes.
The Quality Standards focus on outcomes for people receiving aged care and reflect the level of care and services that can be expected.
The Quality Standards are:
- Consumer dignity and choice
- Ongoing assessment and planning
- Personal and clinical care
- Services and supports for daily living
- Organisation’s service environment
- Feedback and complaints
- Human resources
- Organisational governance
For more information on the Quality Standards, and to find out how to see and compare an aged care home’s performance, read our Aged Care Quality Standards page.
The Australian Government is currently undertaking an urgent review of the Quality Standards in response to the Royal Commission.
Where can I find more information?
To learn more about the Commission’s role in ensuring high quality care and protecting the rights and interests of people receiving care, visit the Aged Care Quality and Safety Commission’s website.