Professional Perspectives
A responsible person as defined by the Aged Care Act
I am a nurse in charge of a shift in residential aged care, does this make me a responsible person under the new Aged Care Act from 1 November?
The new Aged Care Act, effective 1 November, does not change current obligations around the definition of a responsible person.
A responsible person, as defined under the Aged Care Act 2024 is an individual with authority over, or significant influence over, a provider’s planning, directing, or controlling activities, including those on a governing body or in senior management. These individuals have a statutory duty to exercise “due diligence” to ensure the provider complies with its legal obligations, such as maintaining safety and quality of care. They also have their own obligations, including following the Aged Care Code of Conduct and not threatening whistleblowers.
A responsible person is:
- a member of a registered provider’s governing body (such as a board member)
- an individual with executive decision-making authority
- someone who has authority, responsibility for, or significant influence over the planning directing or controlling of a provider’s activities
- an individual in charge of overall management, such as a director of nursing or nurse manager.
This change was made in response to union advocacy and ensures nurses who do not hold any kind of management positions (or are not in a position with the decision-making power to influence daily operations of a registered provider) are not inadvertently subject to obligations placed on responsible persons under the new Aged Care Act.