Document ID: chunk:federal_register_of_legislation:C2025C00122:section:2:p22
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 2 (pt 22/53)
Character Range: 393048–395838

and
 (ii) in a case where the service is a residential care service—the person has been approved under Part 2.3 as a recipient of residential care; and
 (b) if the person is allowed entry—apply the *refundable deposit balance or *accommodation bond in payment for the service.

Chapter 4—Responsibilities of approved providers

Division 53—Introduction

53‑1  What this Chapter is about

      Approved providers have responsibilities in relation to *aged care they provide through their *aged care services. These responsibilities relate to:
         • the quality of care they provide (see Part 4.1);
         • user rights for the people to whom the care is provided (see Part 4.2);
         • accountability for the care that is provided, and the suitability of their *key personnel (see Part 4.3).
      Sanctions may be imposed under Part 7B of the *Quality and Safety Commission Act on approved providers who do not meet their responsibilities.
Note: The responsibilities of an approved provider in respect of an *aged care service cover all the care recipients in the service who are approved under Part 2.3 as recipients of the type of *aged care provided through the service, as well as those in respect of whom a subsidy is payable.

53‑2  Failure to meet responsibilities does not have consequences apart from under this Act
 (1) If:
 (a) an approved provider fails to meet a responsibility under this Chapter; and
 (b) the failure does not give rise to an offence;
the failure has no consequences under any law other than this Act and the *Quality and Safety Commission Act.
 (2) However, if the act or omission that constitutes that failure also constitutes a breach of an obligation under another law, this section does not affect the operation of any law in relation to that breach of obligation.

Part 4.1—Quality of care

Division 54—Quality of care

54‑1  Responsibilities of approved providers
 (1) The responsibilities of an approved provider in relation to the quality of the *aged care that the approved provider provides are as follows:
 (a) to provide such care and services as are specified in the Quality of Care Principles in respect of aged care of the type in question;
 (b) to maintain an adequate number of appropriately skilled staff to ensure that the care needs of care recipients are met;
 (ba) if section 54‑1A applies to the provider—to comply with subsection 54‑1A(2);
 (c) to provide care and services of a quality that is consistent with any rights and responsibilities of care recipients that are specified in the User Rights Principles for the purposes of paragraph 56‑1(m), 56‑2(k) or 56‑3(l);
 (d) to comply with the Aged Care Quality Standards made under section 54‑2;
 (e) to manage incidents and take reasonable steps to prevent incidents,