Non-compliance with the standards
The information on this page is for residential care services, home care services, Commonwealth Home Support Programme (CHSP) services and short-term restorative care services.
Key changes under the new Commission Act and Rules
For information about key changes impacting providers please see our Key Changes page where you can access fact sheets including the following:
What is Non-compliance?
It is the responsibility of the approved provider to demonstrate that the service meets the applicable Standards. Failure to meet the standards is where a provider of an aged care service has failed to comply with the applicable Standards in relation to the service.
At any stage of an assessment process – during the course of an assessment contact, site audit, review audit or quality review – if an assessment team or quality assessor identifies that a provider of a service may not be complying with the applicable Standards, they provide a report to the Aged Care Quality and Safety Commissioner (the Commissioner).
Plan for continuous improvement
When the Commissioner makes a finding that an approved provider of a service has failed to comply with the applicable Standards the Commissioner must direct the provider to revise the plan for continuous improvement to set out how they will make improvements to ensure the standards are complied with. If the provider is directed to update the plan for continuous improvement, they must do so.
What is a timetable for improvement
In directing the provider to revise the plan for continuous improvement, the Commissioner will also set a timetable for improvement. A timetable for improvement sets out the improvements and the maximum time allowed to ensure the service complies with the Standards.
The Commissioner monitors the service’s progress in meeting the Standards.
The Commissioner also must decide whether the failure has placed or may place the safety, health or well-being of an aged care consumer at serious risk.