Reconsiderations and reviews
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.
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 as stated in the Accreditation Grant Principles 1999:
2.32 Applicant may apply for reconsideration of period for which service to be accredited
(1) The applicant may, within 7 days after being told about a decision to accredit the residential care service, give to the accreditation body a written request to reconsider the period mentioned in paragraph 2.29 (2) (a).
(2) The accreditation body must, within 7 days of receiving a request:
(a) decide whether or not to vary the period; and
(b) tell the applicant, in writing, about its decision.
(3) If the decision is to vary the period, the accreditation body must also give the applicant a replacement certificate setting out the revised period for which the service is to be accredited.
2.33 Applicant may apply for reconsideration of decision not to accredit (must refer to s2.4)
(1) If the accreditation body decides not to accredit a residential care service, the applicant may, within 14 days after being told about the decision, apply to the accreditation body for reconsideration of the decision.
(2) However, subsection (1) does not authorise the applicant to apply for reconsideration of a decision that the accreditation body has already reconsidered as part of one application under section 2.4 for accreditation of the service.
2.44 Accreditation body may refuse to include nominee
(1) The accreditation body may refuse to include in an assessment team a quality assessor nominated by the applicant if the assessor is not eligible for inclusion in the team under subsection 2.45 (1), (2), (3) or (4).
(2) If the accreditation body acts under subsection (1), it must tell the applicant about its decision.
(3) The applicant may, within 7 days after being told about the decision, ask the accreditation body, in writing, to reconsider the decision.
(4) The applicant may only make 1 request under subsection (3).
Example
An applicant may nominate 3 quality assessors for inclusion in the assessment team. If none of them is included, and the applicant wants the accreditation body to reconsider all 3 nominees, the applicant may only make 1 application for reconsideration.
(5) If the accreditation body receives a request under subsection (3), it:
(a) may, within 7 days of receiving the request, vary its decision under subsection (1); and
(b) must tell the applicant, in writing, about its decision.
2.45 Eligibility for assessment team
(1) Each member of an assessment team must be a registered quality assessor.
(2) The accreditation body must not include a quality assessor in the team for an audit unless the assessor is available to complete the audit.
(3) The accreditation body must not include a quality assessor in the team if the assessor helped the applicant implement a quality management system for a residential care service, or for a residential care service operated by key personnel of the applicant, in the 3 years before the team is created.
(4) The accreditation body must not include a quality assessor in the team if the assessor has a pecuniary or other interest that could conflict with a proper audit of the applicant.
(5) The applicant may, in writing, within 14 days after being told under subsection 2.42 (5) who is in the team, object to a quality assessor in the team because the assessor is not eligible for inclusion in the team under subsection (1), (2), (3) or (4).
(6) If an applicant makes an objection for subsection (5), the accreditation body must decide to:
(a) accept the objection and create a new assessment team; or
(b) reject the objection.
(7) The accreditation body must tell the applicant, in writing, about its decision, within 7 days of receiving the objection.
Note: Section 2.46 allows the accreditation body to authorise an assessment team to proceed directly to a site audit without giving the accreditation body a desk audit report. For example, the accreditation body may give an authorisation to an assessment team that is created to assess a residential care service in a remote area. In these circumstances, it may be more efficient to carry out desk and site audits without submitting a desk audit report.
3.24 Decision about review audit
(1) The accreditation body may decide:
(a) to vary the period of accreditation; or
(b) to revoke the accreditation of the service; or
(c) not to revoke the accreditation.
Note It is open to the accreditation body to make no change to the existing arrangements.
(2) In making its decision, the accreditation body must take into account:
(a) the review audit report; and
(b) any information given to the accreditation body by persons receiving care, or who have received care, through the residential care service (or their representatives); and
(c) any information given to the accreditation body by the Secretary; and
(d) information (if any) received from the approved provider in response to the report of findings of the review audit mentioned in section 3.22.
(3) Within 14 days after receiving the review audit report, the accreditation body must:
(a) tell the approved provider, in writing, about the decision; and
(b) if the decision is to revoke the accreditation of the service — tell the Secretary, in writing, about the decision.
(4) If the accreditation body decides to vary the period of accreditation, the accreditation body must give the accredited provider written reasons for the variation.
(5) If the accreditation body decides to revoke the service’s accreditation, the accreditation body must:
(a) give the accredited provider written reasons for the revocation, including a recommendation about matters in respect of which improvements would be necessary to recommend continuation of the service’s accreditation; and
(b) tell the accredited provider when the decision takes effect; and
(c) give the accredited provider information about how to apply for reconsideration and review of the decision, and about arrangements for the supervision of the service under this Part during the review period.
(6) The accredited provider may, within 14 days of being told about the decision, ask the accreditation body, in writing, to reconsider its decision to revoke the service’s accreditation.
(7) The reconsideration procedure in Subdivision 5 of Division 3 of Part 2 applies to reconsideration of a decision to revoke the accreditation of the service as if:
(a) references in Subdivision 5 to a decision not to accredit a service were references to a decision to revoke accreditation; and
(b) references in Subdivision 5 to a decision, on reconsideration, to accredit a service were references to a decision, on reconsideration, not to revoke accreditation; and
(c) references in Subdivision 5 to a decision, on reconsideration, not to accredit a service were references to a decision, on reconsideration, to confirm the revocation of accreditation; and
(d) references in Subdivision 5 to an applicant were references to an accredited provider who makes a request under subsection (5).
3.25 Decision not to revoke accreditation
(1) If the accreditation body decides not to revoke the residential care service’s accreditation, the accreditation body must decide:
(a) whether there are any matters in respect of which improvements must be made to ensure that the service complies with its responsibilities for continuous improvement; and
(b) the need to agree on a timetable to make improvements in these matters; and
(c) the form and frequency of support contacts with the service by the accreditation body under this Part.
(2) The accreditation body must tell the accredited provider about the decision mentioned in subsection (1).
(3) The accredited provider may, in writing, within 14 days after being told about a decision under subsection (1), ask the accreditation body to reconsider the decision.
(4) If the accreditation body receives a request under subsection (3), it must decide whether to confirm its decision and give the accredited provider its decision about the request:
(a) in writing; and
(b) within 14 days of receiving the request.
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 residential aged care 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 residential aged care home will take to demonstrate compliance with the Accreditation Standards, and a date by which those actions will be completed.
Please be aware that providing false or misleading information is a serious offence under the Criminal Codes Act 1995.
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 residential aged care home.
What happens during the period when a reconsideration is being made?
We continue to carry out support contacts with the residential aged care home during the reconsideration period to ensure care for residents is not compromised.
Reviews
What is the difference between a reconsideration and a review?
Reconsideration is made by the Agency. An approved provider may, in some circumstances, apply to have a decision reviewed by the Administrative Appeals Tribunal (AAT). The 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 a review can be found at www.aat.gov.au.
What reviews can be made to the Administrative Appeals Tribunal (AAT)?
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.
| Item | Decision | Section under which decision is made |
| 2 | Variation of period for which residential care service is to be accredited | 2.32 |
| 3 | Refusal of an application on reconsideration | 2.38 |
| 4 | Refusal to include an applicant’s nominated assessor in an assessment team | 2.44 |
| 5 | Refusal to accept an applicant’s objection to a quality assessor | 2.45 |
| 6 | Revocation of an accreditation | 3.15 and 3.24 |
| 7 | Variation of a period of accreditation | 3.15 and 3.24 |
| 8 | Refusal of an application to review registrar’s decision to remove from register | 8.6 |
This table above is taken from the Accreditation Grant Principles 1999 (s7.1)
What happens during the review period?
We continue to carry out support contacts with the home during the review period to ensure care for residents is not compromised.
What is made publicly available after a reconsideration or review?
The new decision and site audit report are available on our website. To access a report go to Reports on homes.
