Our regulatory functions

On 1 January 2020, the aged care regulatory functions of the Secretary of the Department of Health were transferred to the Aged Care Quality and Safety Commissioner (the Commissioner). This ensures that the Commissioner has the full suite of regulatory functions from entry, quality monitoring and compliance to exit (if required) for providers of aged care services.

Amendments to the Aged Care Quality and Safety Commission Rules 2018 (Commission Rules) have been implemented to support the transition of regulatory functions. The amendments focus on the following key outcomes:

  • integrate and remove duplication in the management of non-compliance with the Aged Care Quality Standards 
  • establish a regulatory framework with graduated and escalating responses to non-compliance
  • streamline existing performance assessment processes, providing greater clarity to consumers and transparency of decision making for providers.

This page contains information for aged care providers resulting from the introduction of the Aged Care Quality and Safety Commission Act 2018 and the Aged Care Quality and Safety Commission Rules 2018.

The Aged Care Quality and Safety Commission Act 2018 (Act) establishes the Commission and enables the Minister to make Rules prescribing matters for carrying out or giving effect to the Act.

The Aged Care Quality and Safety Commission Rules 2018 (Rules) give operational effect to the processes of the Commission. The Rules replace a number of Principles including the Quality Agency Principles 2013.

Relevant links and fact sheets:

The Commission will continue to communicate with the sector on any changes arising from amendments to the Act or Rules.

Regulatory Strategy 

The Regulatory Strategy explains how we perform our regulatory functions.

Relevant legislation includes:

  • the Aged Care Quality and Safety Act 2018
  • the Aged Care Quality and Safety Commission Rules 2018.

The document also guides our policies and stakeholder interactions. It includes transparent information about:

  • how we regulate
  • how we empower and involve people using aged care
  • handling complaints
  • managing risk
  • responsive and risk-based regulation
  • addressing systemic and individual provider risks
  • determining appropriate regulatory actions
  • transparency in reporting performance information
  • performance reports
  • reporting sector trends, regulatory decisions, and complaints directions
  • collaborating with stakeholders
  • monitoring and improving our performance.

More information

For performance assessments in residential services, see Information for providers – Initial documents requested.

See the Risk-based questions that we'll ask when a performance assessment commences.

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Acknowledgement of Country

In the spirit of reconciliation, the Aged Care Quality and Safety Commission acknowledges the Traditional Custodians of Country throughout Australia and their connections to land, water and community. We pay our respect to their Elders, past, present and emerging and extend that respect to all Aboriginal and Torres Strait Islander peoples.