Reconsiderations and reviews

Reconsiderations

How does an approved provider apply for reconsideration of a decision?
Unless otherwise stated, applications for reconsideration should be made to the General Manager, Accreditation. Applications should be made using this application form. (209 kb)

An approved provider may apply to us to have certain decisions ‘reconsidered’, that is, made by a new decision-maker.

A request for reconsideration must:

  • be in writing (an email or hardcopy)
  • include a statement of the grounds on which reconsideration is sought and
  • be given to the accreditation body within 14 days of being told about the decision.

Then we do one of the following: 

(i) confirm the decision
(ii) vary the decision
(iii) set the decision aside and substitute a new decision.

We must tell the approved provider, in writing of our decision. We also tell the Department of Health and Ageing .

If we decide, to accredit a commencing service, or re-accredit an accredited service, we must give the provider for the home a certificate of accreditation.

If we decide, to vary the period of accreditation the provider for the home is given a new certificate setting out the new accreditation period.

The approved provider can object to a team member for a site audit but only if the team member does not meet the requirments for appointment. The request must be made in writing (in an email or letter) to the State Manager.

To be a team member the person must:

  • be a registered quality assessor
  • be avaliable to complete the audit
  • not have worked for or  provided services to the provider in the three years before the team is created.                                                                                          

We must decide:

  • to accept the objection and remove the person from the team or
  • to reject the objection.

We may appoint another person to the team if we remove a person from the team.

We must tell the approved provider, in writing, about our decision.

Use the appropriate application form setting out what the approved provider wishes to be reconsidered. A valid application will include one or more of the following:

  • an improvement outline
  • information about how the residential aged care home is undertaking continuous improvement
  • any other relevant information which would support the application for reconsideration.

Any improvement outline should include an explanation of the actions the home will take to demonstrate its performance against the Accreditation Standards, and a date by which those actions will be completed.

Please note: if you decide to attach an improvement outline we are obliged to make it available to anyone who requests it. Please ensure it does not identify any residents or representative, or contravene the Privacy Act 1988.

Please be aware that providing false or misleading information is a serious offence under the Criminal Codes Act 1995.

How is the reconsideration decision made?
When making reconsideration decisions, we take into account:

  • the material available to the original decision-maker
  • any written submission or improvement outline submitted
  • reports from any further audits
  • information from subsequent assessment contacts
  • any other information made available concerning the residential aged care home.

What happens during the period when a reconsideration is being made?
We continue to carry out assessment contacts with the home during the reconsideration period to ensure care for residents is not compromised. 

Reviews

What is the difference between a reconsideration and a review?
Reconsideration is made by us. An approved provider may apply to have a reconsidered decision reviewed by the Administrative Appeals Tribunal (AAT). The AAT is a review authority independent of us.

There is a time limit for lodging an appeal with the AAT. More information on the AAT and how to apply for a review can be found at www.aat.gov.au.

What happens during the review period?
We continue to carry out assessment contacts with the home during the review period to ensure care for residents is not compromised.

What is made publicly available after a reconsideration or review?
The new decision and site audit report are available using the Reports on homes search on the top right hand side of this page.