Published by: Victor Harcourt, Solomon Miller, Anita Courtney, Connor Farrell

As part of the federal government’s response to the Aged Care Royal Commission, a second update of legislative amendments have been proposed. The Aged Care and Other Legislation Amendment (Royal Commission Response No. 2) Bill 2021 (the Bill), which passed through the House of Representatives last year, will make changes to eight key areas, including the governance of approved providers (APs), the screening of aged care workers and governing persons of APs, a new code of conduct, and the extension of incident management and reporting.

While the Bill, if passed, will make changes to a wide range of areas, this article focuses only on the proposed changes to the governance requirements relating to the governing bodies and key personnel of APs as well as new powers of the Aged Care Quality and Safety Commissioner (Commissioner) to request information relating to refundable deposits or accommodation bonds (RADs) used to make loans.

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New governance and accountability requirements for approved providers