Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 54.1

  (1)   The responsibilities of an approved provider in relation to the quality of the * aged care that the approved provider provides are as follows:

  (a)   to provide such care and services as are specified in the Quality of Care Principles in respect of aged care of the type in question;

  (b)   to maintain an adequate number of appropriately skilled staff to ensure that the care needs of care recipients are met;

  (ba)   if section   54 - 1A applies to the provider--to comply with subsection   54 - 1A(2);

  (c)   to provide care and services of a quality that is consistent with any rights and responsibilities of care recipients that are specified in the User Rights Principles for the purposes of paragraph   56 - 1(m), 56 - 2(k) or 56 - 3(l);

  (d)   to comply with the Aged Care Quality Standards made under section   54 - 2;

  (e)   to manage incidents and take reasonable steps to prevent incidents, including through:

  (i)   implementing and maintaining an incident management system that complies with the Quality of Care Principles; and

  (ii)   complying with any other requirements for managing or preventing incidents specified in the Quality of Care Principles;

  (f)   if the provider provides aged care of a kind specified in the Quality of Care Principles to care recipients--to ensure a * restrictive practice in relation to those recipients is only used in the circumstances set out in those Principles;

  (g)   to comply with the provisions of the * Code of Conduct that apply to the approved provider;

  (ga)   to take reasonable steps to ensure that the * aged care workers, and the * governing persons, of the approved provider comply with the provisions of the Code of Conduct that apply to them;

  (h)   such other responsibilities as are specified in the Quality of Care Principles.

Note:   The Quality of Care Principles are made by the Minister under section   96 - 1.

  (2)   The responsibilities under subsection   (1) apply in relation to matters concerning a person to whom the approved provider provides, or is to provide, care through an * aged care service only if:

  (a)   * subsidy is payable for the provision of the care to the person; or

  (b)   both:

  (i)   the approved provider is approved in respect of the aged care service through which the person is provided, or to be provided, with * aged care and for the type of aged care provided, or to be provided, to the person; and

  (ii)   the person is approved under Part   2.3 as a recipient of the type of aged care provided, or to be provided, through the service.