Reconsiderations and appeals
Reconsiderations
How does an approved provider apply for reconsideration?
Unless otherwise stated, applications for reconsideration should be made to the General Manager, Accreditation. Applications should be made using the application form. Please be aware that providing false or misleading information is a serious offence under the Criminal Codes Act 1995.
What decisions can be reconsidered?
An approved provider may apply to us to have certain decisions ‘reconsidered’, that is, made by a new decision-maker. This applies to the following decisions:
- Commencing homes
- Site audits
- refusal to include nominated assessor on assessment team (should be made to the state manager)
- inclusion of an assessment team member (should be made to the state manager)
- refusal of application for accreditation following desk audit
- period of accreditation
- not to accredit
- Review audits
- to revoke accreditation
- not to revoke – reconsideration concerning required improvements
- not to revoke – reconsideration concerning timetable for improvement
- not to revoke – reconsideration concerning form and frequency of support contacts
- to vary period of accreditation.
What is a valid application for reconsideration?
Applications for reconsideration relating to the appointment of an assessor on an assessment team should be made via email or letter to the state manager.
To be valid all other applications for reconsideration must use the appropriate application form setting out the grounds on which reconsideration is sought, that is, 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 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 compliance with the Accreditation Standards, and a date by which those actions will be completed.
How is the reconsideration decision made?
When making reconsideration decisions, the Agency takes into account:
- the material available to the original decision-maker
- any written submission or improvement outline submitted
- reports from any further desk or site audits
- information from subsequent support contacts
- any other information made available concerning the home.
What happens during the period when a reconsideration is being made?
We continue to carry out support contacts with the home during the reconsideration period to ensure care for residents is not compromised.
Appeals
What is the difference between a reconsideration and an appeal?
While a reconsideration decision is made by another decision-maker, an approved provider may, in some circumstances, also apply to have a decision ‘appealed’ or ‘reviewed’ by the Administrative Appeals Tribunal. The Tribunal, or AAT, is a review authority independent of the Agency.
There is a time limit for lodging an appeal with the AAT. This is 28 days from the date of receiving the Agency’s decision. If the time limit has expired, an approved provider may apply for an extension of time. Tribunal staff assist with this process.
More information on the AAT and how to apply for an appeal can be found at www.aat.gov.au.
What appeals can be made to the Administrative Appeals Tribunal?
When informing an approved provider of a decision which is reviewable, we include information about how to appeal to the AAT.
Only certain decisions are reviewable. These are:
- Commencing homes
- not to accredit after reconsideration
- Site audits
- refusal to include nominated assessor on assessment team
- inclusion of an assessment team member
- not to accredit
- period of accreditation
- Review audits
What happens during the appeal period?
We continue to carry out support contacts with the home during the appeal period to ensure care for residents is not compromised.
What is made publicly available after a reconsideration or appeal?
The new decision and site audit report are available on our website.
To access a report go to Reports on homes.
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