The new 'suitability matters' regime for key personnel – what do approved providers need to have in place

In this episode, we discuss the obligations of approved providers under the Aged Care Act in relation to suitability of key personnel. 

As we approach the 12 month anniversary of the commencement of the new ‘suitability matters’ regime, we thought it would be useful to revisit these requirements – given the obligation of providers to consider the suitability matters for each of their key personnel at least once in that 12 month period.

The amendments that commenced on 1 December 2022 did not change the definition of who is ‘key personnel’. What they did was bring in a new list of ‘suitability matters’ that providers must consider in determining whether key personnel are ‘suitable’.

The provider's obligation is to consider the suitability matters in respect of each individual who is key personnel and to be reasonably satisfied that the person is suitable to be involved in the provision of aged care.

There is not set process for assessing suitability, and the assessment has some subjective elements.  Our key personnel compliance package recommends using a combination of publicly available searches, and a statutory declaration from the individual, to obtain information about the suitability matters.

The provider then needs to consider each suitability matter and form a view as to each of them, as well as an overall view of suitability. This process needs to be documented - including the dates on which the process took place, the outcome of consideration of each suitability matter and the reasons for that outcome.

Our key personnel compliance package includes guidance material explaining the requirements relating to key personnel under the aged care legislation, and also under the NDIS and ACNC legislation.

It also includes a set of guidelines for undertaking key personnel checks, and templates such as a statutory declaration for key personnel to provide, an annual update letter and a template for recording the outcome of suitability assessments.

If you are interested in finding out more about the document package, please contact our office for more information.

Disclaimer: This podcast and related resources are for general information only and are not to be relied on as legal or other advice.  Please consult with your legal advisor for advice about your particular circumstances