Document ID: chunk:federal_register_of_legislation:C2025C00122:section:2:p23
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 2 (pt 23/53)
Character Range: 395586–398287

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, including through:
 (i) implementing and maintaining an incident management system that complies with the Quality of Care Principles; and
 (ii) complying with any other requirements for managing or preventing incidents specified in the Quality of Care Principles;
 (f) if the provider provides aged care of a kind specified in the Quality of Care Principles to care recipients—to ensure a *restrictive practice in relation to those recipients is only used in the circumstances set out in those Principles;
 (g) to comply with the provisions of the *Code of Conduct that apply to the approved provider;
 (ga) to take reasonable steps to ensure that the *aged care workers, and the *governing persons, of the approved provider comply with the provisions of the Code of Conduct that apply to them;
 (h) such other responsibilities as are specified in the Quality of Care Principles.
Note: The Quality of Care Principles are made by the Minister under section 96‑1.
 (2) The responsibilities under subsection (1) apply in relation to matters concerning a person to whom the approved provider provides, or is to provide, care through an *aged care service only if:
 (a) *subsidy is payable for the provision of the care to the person; or
 (b) both:
 (i) the approved provider is approved in respect of the aged care service through which the person is provided, or to be provided, with *aged care and for the type of aged care provided, or to be provided, to the person; and
 (ii) the person is approved under Part 2.3 as a recipient of the type of aged care provided, or to be provided, through the service.

54‑1A  Responsibility relating to registered nurses
 (1) This section applies to an approved provider if:
 (a) the provider provides:
 (i) residential care to care recipients in a residential facility; or
 (ii) flexible care of a kind specified in the Quality of Care Principles to care recipients in a residential facility; and
 (b) an exemption from this section has not been granted, in accordance with the Quality of Care Principles, to the provider in relation to the residential facility.
 (2) The provider must, on and after 1 July 2023, ensure at least one registered nurse (within the meaning of the Health Insurance Act 1973) is on site, and on duty, at all times at the residential facility.
 (3) The Quality of Care Principles may make provision for, or in relation to, the granting of an exemption from this section to an approved