Enforceable undertakings

An enforceable undertaking is a written agreement between the Commission and a provider or person. During discussions about non-compliance, a provider, worker or responsible person can raise the possibility of an undertaking with the Commission, or the Commission may suggest an enforceable undertaking as an option.

Enforceable undertakings help the provider or person to commit to:

• identifying and agreeing on how and why they are not meeting their aged care obligations
• being transparent and accountable on where they need to improve practising open disclosure and communicating with older people when things go wrong
• taking action to prevent and fix the issues that caused the non-compliance
• delivering high-quality care and services that protect the safety, health and wellbeing of older persons
• encouraging compliance and continuous improvement at provider and service level.

The Commission will consider accepting an enforceable undertaking on a case-by-case basis, and can take into consideration the following things:

• the type of non-compliance and the provider or person’s non-compliance history
• the actions the provider or person is suggesting to fix the risk and non-compliance
• whether the non-compliance is immediate and serious and needs urgent action
• whether the provider or person cannot or will not accept their non-compliance
• whether the undertaking will achieve the best result for older people.

The provider can withdraw or vary an undertaking at any time with our consent.

An enforceable undertaking will end on an agreed date or when we are satisfied that all terms have been completed.

An enforceable undertaking is legally binding. The Commission can take it to court if the provider or person does not do what they have committed to doing in the undertaking.

For more information:

• Regulatory Bulletin – Enforceable Undertakings
• Compliance and enforcement policy (PDF, 1 MB)

Current enforceable undertakings

Non-current enforceable undertakings