When there has been failure by a provider of a service to comply with the standards, the Aged Care Quality and Safety Commissioner (Commissioner) must decide whether this failure has placed or may place the safety, health or wellbeing of a care recipient at serious risk. Decisions regarding serious risk are made under the Aged Care Quality and Safety Commission Rules 2018.
The Commission has released a Regulatory Bulletin outlining the Commission’s processes and responsibilities relating to findings of serious risk.
- The Commission must consider whether failure to comply with the standards has placed or may place the safety, health or wellbeing of a care recipient at serious risk.
- Serious risk may be in respect of an individual care recipient, individual care recipients, previous care recipients or a class of care recipients.
- Serious risk is not an ongoing state; it is a separate statutory decision based on evidence at a point in time.
- A provider has an opportunity to respond to a notification of serious risk prior to a decision being made.
- The Commission publishes information relating to serious risk decisions on the Commission website.
- The Commissioner does not have the power to reconsider a serious risk decision.
- There is no further statutory decision that finds that there is no serious risk or that serious risk to care recipients has been revised or resolved.
- The Department of Health is notified when a serious risk decision is made.