The Aged Care Quality and Safety Commission Act 2018 (the Commission Act) allows an approved provider to request the revocation of their approval status.
We explain the revocation process on this page. We also tell you how to ask us to remove your aged care provider approval.
It's important that you read the information on this page. It will help you and your staff complete the form accurately and provide guidance on what you’re required to do.
Important details to note
The revocation request form seeks specific information to allow the Commission to properly consider your request.
It's in your interest to properly understand the legal responsibilities of an approved provider before you cease delivering aged care and services.
A revocation request may not be approved if:
- you haven't taken all the steps required of an approved provider, or
- provided evidence that you have taken those steps.
A revocation under 63H does not preclude you from re-applying for approval as an approved provider. If you do, your previous conduct as an approved provider will be considered in any decision as to your suitability.
Revocation of approval on request
If you no longer want to deliver government-subsidised aged care and services, you can ask to have your approval status revoked.
This means that you will no longer be an approved provider or able to claim government subsidies.
You may request a revocation for many reasons. For example, you might:
- choose to exit the government-subsidised aged care sector
- have sold your services to another approved provider and don’t want to deliver aged care services
- not be financially viable
- be having trouble meeting your regulatory requirements.
Before requesting revocation
Read the information in this section before completing the revocation form.
All approved providers have legal requirements that must be met before they can be revoked.
This includes telling the Department of Health and Aged Care or Services Australia about your plans to cease providing government-subsidised aged care.
Don't complete the revocation form until you've:
- ensured care recipients will have continuity of care throughout the transition period
- transferred all care recipients from the closing service to a continuing service or transferred your service to an existing approved provider
- given written notice to all care recipients, and their representatives and carers, about your plans to cease providing aged care services
- finalised any outstanding claims with Services Australia
- returned any unspent funds to care recipients or the Commonwealth (if relevant)
- refunded all refundable payments to care recipients.
If you're a residential or flexible aged care service provider, you must:
- contact the Department of Health and Aged Care and ask for approval to transfer allocated places to another provider or return any inactive places to the Commonwealth
- arrange for the Department of Health and Aged Care to close your services
- receive written confirmation from the Department of Health and Aged Care that all of your services have been closed
- refund the refundable deposit balance to all care recipients within the required refund timeframes
- refund the accommodation bond or entry contribution, identifying that this is in relation to the transitional arrangements (Aged Care Transitional Provisions Principles 2014)
- notify Services Australia about your organisation’s changes.
Home care package providers must:
- contact the Department of Health and Aged Care and notify them that you would like to transfer your home care services to another approved provider and close your home care services
- receive written confirmation from the Department of Health and Aged Care that your home care services are closed
- contact Services Australia to notify them of your home care service changes and to resolve any outstanding claims or refunds held by you.
The Department of Health and Aged Care’s Home Care Packages Program Operational Manual: A Guide for Home Care Providers contains specific information:
- Section 10.8 which refers to unspent funds and how they can be used for care and services
- Section 10.9 which relates to working with care recipients to manage unspent amounts
- Section 13.5 which explains mergers and acquisitions and the transfer of care recipients
- Section 14 which outlines leaving the Home Care Packages program.
You can read more about these requirements on the Department of Health and Aged Care’s website:
- managing residential aged care services
- Managing accommodation bonds for residents who entered care before 1 July 2014
- your responsibilities as an approved provider
- transferring Home Care Packages services.
- My Aged Care.
You can contact the Department of Health and Aged Care about any Commonwealth unspent funds you have and transferring care recipients at the following email addresses:
- WAplaces@health.gov.au
- SAplaces@health.gov.au
- NSWplaces@health.gov.au
- NTplaces@health.gov.au
- VICplaces@health.gov.au
- TASplaces@health.gov.au
- QLDplaces@health.gov.au
What must I do before I request a revocation?
You can only be revoked when the Aged Care Quality and Safety Commissioner (the Commissioner) is satisfied that you have met certain requirements. These are provided for under sections 63H(2) and 63H(3)(a) of the Commission Act.
You will need to:
- send a written request
- use the approved form
- give us any documents or information that we ask for
- submit your request at least 60 days before the day the revocation takes effect (the revocation day)
- notify the Commission of a change in circumstances that materially affects your suitability as an approved provider online through the Manage Your Organisation tile in GPMS (Department of Health and Aged Care). This includes if you sell your business.
What is the revocation day?
The revocation day is the day that your approved provider status is removed.
Certain arrangements for different aged care services
The Commission Act requires certain arrangements to be made before you can be revoked.
If you provide residential care or flexible care services, you must:
- have given up your allocation of places or make sure you give them up before the revocation day. This process is managed by the Department of Health and Aged Care.
- not have any [active] sanctions under section 63N of the Commission Act
If you provide home care services, you must arrange for your care recipients to continue to receive care after the revocation day. This means that you should have transferred them to another approved provider before you ask to be revoked.
Always use the correct and most current approved form
We update our forms from time to time to ensure they include the latest information and legislative requirements.
If you submit an outdated form we cannot process your request.
Currently there is no fee applicable to complete a request for revocation of approval form.
Who can complete the form?
The revocation form and the enclosed declaration on the form must be completed by either:
- a governing person of the approved provider. A governing person is defined under the Aged Care Quality and Safety Commission Act 2018.
- a person who is legally authorised to give assurances and enter contracts and commitments on behalf of the approved provider.
- an appointed administrator or liquidator. You must have submitted an Approved Provider Notification form and informed the Commission about the appointment before proceeding with your revocation request.
What are my approved provider responsibilities?
You must keep meeting all regulatory requirements including reporting until we have approved your request, and the date of revocation has passed.
- Keep certain records:
Section 11 of the Record Principles 2014, describe the kinds of records you must keep. It also specifies record keeping requirements for approved providers who permanently stop providing care.
- Financial reporting responsibilities
Until your revocation day has passed, you must complete:
- an annual Aged Care Financial Report (ACFR)
- a Quarterly Financial Report (QFR).
State, Territory, and local government providers
State, Territory, or local government approved providers that are revoked will be required to reapply in the same way a non-Government organisation does.
This means they must complete and submit the application form for new applicants because they are taken to be a corporation.
An application fee will also apply.
Please read section 63F(3) of the Commission Act for further information.
How to apply to revoke your status as an approved provider
When you have completed and signed the revocation form, and have obtained all required supporting documents, email them to the APRevocationRequest@agedcarequality.gov.au mailbox.
The form can be accessed here.