All aged care providers will now be aware, new arrangements for key personnel commence on 1 December 2022.

As a part of those arrangements the current disqualified individual arrangements have been repealed and replaced with a suitability test and new obligations introduced for providers in assessing suitability and notifying changes.

‘Suitability matters’ and notification requirements

The ‘suitability matters’ are now defined in Section 8C of the Aged Care Quality and Safety Commission Act 2018 (Cwth).

An approved provider must:

(a)  at least once every 12 months:

(i)   consider the Suitability Matters in relation to each key personnel; and

(ii)  after considering those matters, be reasonably satisfied that the individual is        suitable to be involved in the provision of aged care;

(b)  keep a record of the Suitability Matters that complies with the Accountability               Principles; and

(c)  comply with other responsibilities set out in the Accountability Principles.

An approved provider must also notify the Aged Care Quality and Safety Commission (Commission) within 14 days [s9-2A Aged Care Act] if:

(d)  an individual becomes key personnel;

(e)  an individual ceases to be key personnel;

(f)   the provider becomes aware of a change of circumstances that relates to a                Suitability Matter in relation to key personnel.

When providers give the Commission notification of the appointment of new key personnel or a change in circumstances in relation to key personnel, providers have a responsibility to ensure that they have considered the “Suitability Matters” in relation to that individual and that after having considered those matters the provider is reasonably satisfied that the individual is suitable to be involved in the provision of aged care.

An individual who is key personnel must notify the approved provider of a change of circumstances relating to any Suitability Matters within 14 days. [s10A-1 Aged Care Act]

Civil penalties may be imposed for a failure to comply.

Taking into account the commencement date is 1 December 2022, the practical effect is that approved providers must have considered the suitability matters in relation to all its key personnel and be reasonably satisfied that its key personnel are suitable to be involved in the provision of aged care by 1 December 2023.

Key Personnel Suitability Assessment Forms, Key Personnel Policy and Statutory Declaration for Key Personnel

In order to assist providers with compliance, Thomson Geer has developed a suite of documents relevant to the new key personnel changes.

Key Personnel Suitability Assessment Forms

This document enables providers to undertake an assessment of existing and new key personnel against the suitability matters. It has an area for the employees to provide information and for the approved provider to then assess that information against the suitability requirements as required by the legislation to determine whether they are satisfied that the suitability matters have been met.

Key Personnel statutory declaration

The statutory declaration is for key personnel to complete to state that they understand the suitability matters and that they have no matters which would prevent them from being suitable to be involved in the provision of aged care.

Key Personnel Policy – a comprehensive policy document for residential and home care providers

Key Personnel onboarding webinar – This is a recorded webinar prepared by one of our aged care partners that providers can effectively “roll out” when onboarding new key personnel. It sets out and explains the new suitability matters requirements and the obligations on approved providers and individuals to notify changes and the time frames to do so.

If you are interested in purchasing the Key Personnel Suitability Assessment Form, Key Personnel Policy or the Onboarding webinar or otherwise receiving further information about the tailored processes please contact our Health, Aged Care and Retirement Villages team.

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