Overview
Providers need the right mix of people to drive the continuous improvement processes that deliver the high quality of care and services that older Australians deserve. This includes having an independent governing body that has the appropriate skills and experience.
Effective governing bodies develop and lead the strategic direction and purpose, driving the work of the organisation, rather than responding to it. Governing bodies have ultimate responsibility for the finances of the organisation and hold legal responsibility for its ventures and actions.
Changes relating to the composition of governing bodies commence on 1 December 2023.
These changes are already in effect for providers who applied for approval after 1 December 2022.
Providers must ensure their governing body:
- has a majority of independent non-executive members and
- at least one member with experience in providing clinical care.
If a provider is required to meet the governing body membership requirements, but is unable to do so, it can apply to the Commission for a ‘determination’ that one or both of the provider governance requirements do not apply.
For more information regarding governing body responsibilities see the Your questions answered webpage.
What is a determination?
A determination is a decision confirming that either or both of the governing body responsibilities do not apply.
Under the Aged Care Act 1997 an approved provider can apply to the Commissioner for a determination. A decision must be made about whether (or not) to make a determination that either or both of the governance responsibilities do not apply.
The maximum length of a determination decision is 12 months. This allows an approved provider enough time to investigate other options to meet the governing body responsibilities.
Determinations do not remove other obligations under the Aged Care Act of 1997. Determinations are short-term agreements that apply to one or both of the governing body's needs.
Requesting a determination
To apply for a determination, log in to the Government Provider Management System (GPMS) and complete the digital Governing Body Determination form. The digital form can be found under the Manage Your Organisation tile.
For guidance on how to submit the form, see the Department of Health and Aged Care’s website. You can also track the progress of your application on GPMS.
Applications that are incomplete or lack supporting documents can’t be assessed. Find out more about the assessment process.
If you can’t use the digital form due to technical or accessibility reasons, you can ask for a Word version by contacting GoverningBodyApplications@agedcarequality.gov.au.
Before applying
Before submitting a Governing Body Determination form, make sure that all active and inactive key personnel are correctly listed under your organisation on GPMS.
Fix any incorrect or missing key personnel using the digital Approved Provider Notification form on GPMS. For more information on updating key personnel, see the Notifying us of certain matters webpage.
It’s important that your key personnel information on GPMS is correct, as the digital Governing Body Determination form will self-populate your current and historic key personnel information using what’s listed there.
If you need to apply for a governing body determination while you have key personnel changes being processed, contact us.
Naming and uploading supporting documents
You’ll need to upload supporting documents when applying for a governing body determination. To make sure we understand how each supporting document relates to the matters described in your responses, please name files appropriately.
For example:
- ABC Aged Care_Board Minutes_15Feb2024_support reason for GB request
- ABC Aged Care_GB advert_20Jan2024_ support reason for GB request
- ABC Aged Care_Org and Board member chart_ support reason for GB request
Receiving a decision
You can track the progress of your application on GPMS. Applications under assessment will show a ‘processing’ status.
Providers who have submitted a Word version of the form will be emailed to let them know that their application is being assessed.
In most cases, we will make a decision within 60 days of the assessment starting.
If further information is requested during the assessment process it may take longer to provide a decision.
The decision will be notified by email.
If a determination is issued the email will specify:
- the date the decision was made
- the governance responsibility relating to the determination
If a determination is not issued the email will specify:
- why the application was not approved
- the review rights
- how to apply for a reconsideration of the decision and the process
The outcome of the decision will be updated on GPMS after the determination is issued to you.
Read more about the decision-making process.
Resources
For more information on the governing body responsibilities see the Your questions answered page.
