Responsible persons in aged care are the people the Aged Care Act 2024 treats as running a registered provider or holding real influence over it. That means governing body members, people with significant influence over the provider's activities, the registered nurse who manages nursing services overall, and whoever runs a home or service delivery branch day to day.
This guide covers who counts, how suitability works and how to keep your register accurate. It is general information, not legal advice.
Key Takeaways
- A responsible person is defined by function: governing body members, people with executive responsibility or significant influence, the registered nurse managing nursing overall, and whoever runs a home or branch day to day.
- Providers of a kind prescribed by the rules must consider suitability for each responsible person at least once every 12 months and keep a record.
- A responsible person must tell the provider in writing within 14 days of becoming aware of a suitability change, and the provider must tell the Commission within 14 days of changes to responsible persons.
- The Commission can determine a person is not suitable and can make banning orders, so an inaccurate register is a regulatory risk.
What is a responsible person under the Aged Care Act 2024?
Section 12 of the Act sets the definition. If the provider is not a government entity, a responsible person is anyone responsible for its executive decisions, including each governing body member, and anyone with authority, responsibility or significant influence over planning, directing or controlling its activities.
For every provider that delivers or proposes to deliver a funded aged care service, including government entities, two more roles count. One is a registered nurse with responsibility for overall management of the nursing services. The other is the person responsible for the day-to-day operations of an approved residential care home or service delivery branch.
Read the wording in the Aged Care Act 2024, or see the responsible persons glossary entry for a short version.
Who is and is not a responsible person?
- Board members: yes, for a non-government provider.
- Chief executive: usually, as they typically make executive decisions.
- Director of nursing: yes if they are a registered nurse with overall management of nursing services.
- Home or branch manager: yes. A branch is a place of business delivering home support, assistive technology or home modifications, and can include a central office that supports care delivery.
- A registered nurse rostered on shift: not by that fact alone, only with overall management of nursing.
- An external consultant: not automatically. A consultant who helps with a registration application cannot be the key contact unless they also meet the definition.
Why does being a responsible person matter?
Suitability is assessed. At registration the Commission asks for information about each responsible person, under sections 12 and 109(1)(d) of the Act.
The provider has ongoing duties. Under section 172, a provider of a kind prescribed by the rules must consider the suitability matters for each responsible person at least once every 12 months, be reasonably satisfied the person is suitable, and keep a record. Missing the annual consideration is an offence. Confirm in the Aged Care Rules 2025 whether your provider type is prescribed.
The individual has their own obligations. The Department's guide to obligations for people working in the system lists them. A responsible person must follow the Aged Care Code of Conduct, must not harm whistleblowers or reveal their identity, must not give false or misleading information, and must tell the provider about changes affecting their suitability.
Director duties are covered in the article on duties for board members.
What does suitability involve?
Section 13 lists the suitability matters for an individual, and the Commission must have regard to them. Use that list to structure your own review:
- experience in funded aged care or similar services
- any banning order, or NDIS banning order, now or previously in force
- any indictable conviction, civil penalty order or insolvency under administration
- adverse findings or enforcement action by a government department, ASIC, the ACNC, the ACCC, APRA, AHPRA or a professional conduct body, among others
- findings about fraud, misrepresentation or dishonesty, current proceedings that could lead to them, or disqualification from managing corporations
- worker screening requirements where the rules prescribe them, and any other matter the rules prescribe
Spent conviction protections under the Crimes Act 1914 still apply, so settle with your legal adviser how you collect this information. The list tells you what to look at, not a pass mark.
How do you build and maintain a register of responsible persons?
- Map roles to the tests. List every person who meets the executive, significant influence, nursing or day-to-day operations limb, and record which one.
- Check at appointment. Work through the section 13 matters, take a signed declaration and keep the outcome. Cover the Code of Conduct and whistleblower protections at induction. Your staff recruitment and selection policy is the natural home.
- Review at least annually. Record the date, the reviewer and the outcome.
- Close out departures. Record the end date and update external records.
When a delegate takes over executive decisions, the person who counts may change. A clear delegation of authority policy makes those shifts visible, and the governing body responsibilities article shows how oversight fits around them.
Small providers and group structures
In a small provider, one person may hold several limbs, such as owner, executive decision-maker and branch manager. List them once and record every basis.
Groups need more care. Each registered provider has its own responsible persons. A parent board member or group executive may count for one entity, several or none, depending on their responsibility or influence over that entity's activities. Test each entity separately.
What must be notified, and to whom?
Both steps use 14 days.
- Responsible person to provider: where the person becomes aware of a change of circumstances relating to a suitability matter, they must notify the provider in writing, with details, within 14 days. This applies for providers of a kind prescribed by the rules.
- Provider to the Commission: the Department states you must tell the Commission within 14 days of becoming aware of certain changes, including to responsible persons or their suitability. Keep a record of all notifications.
Providers must also keep their details current. Responsible persons and contact details can be updated in the Government Provider Management System, and key personnel through the My Aged Care Service and Support Portal.
Build triggers for appointments, departures, role changes and any charge, order or adverse finding. The 14 days run from awareness, so the clock may start before your next board meeting. The Department's page is written for residential care, so home care providers should confirm their own steps.
What can the Commission do about responsible persons?
A determination of unsuitability. Under section 170, the Commissioner may decide at any time that a responsible person is not suitable to be involved in delivering funded aged care services. The Commissioner must first give notice and invite submissions. If a determination is made, the provider must take specified action within a set period so the person ceases to be a responsible person. Failing to act is an offence.
Banning orders. Under section 498, the Commissioner may prohibit or restrict an individual's involvement as a worker or responsible person, generally, in a specified service type or in a specified activity. Grounds include likely non-compliance with the Code of Conduct, severe risk to people receiving care, a fraud or dishonesty conviction, or insolvency under administration. Banning order details must appear on the Provider Register.
For the wider enforcement ladder, see Commission regulatory action.
What evidence should you keep for audit?
- the register, showing the limb each person meets and the last review date
- signed declarations and the dated outcome of each suitability review
- written notifications from responsible persons and to the Commission, with dates you became aware
- board minutes noting appointments, departures and annual reviews
Cross-check the register against screening records. See the worker screening requirements article, and let your governance and board accountability policy say who owns the register and signs off the annual review.
Related Resources
- Responsible persons glossary
- Duties for board members
- Governance and board accountability policy
- Aged care worker screening
- Policy mapping to standards
- Commission guidance on responsible persons
- Guide to aged care law, obligations for workers
Common Questions About Responsible Persons in Aged Care
1. Is every board member a responsible person?
For a provider that is not a government entity, yes.
2. How often must suitability be reviewed?
At least every 12 months for providers of a kind prescribed by the rules, with a record kept. Check the Aged Care Rules 2025 for your provider type.
3. What must a responsible person report to the provider?
Any change of circumstances relating to a suitability matter, such as a banning order, conviction or adverse finding, in writing within 14 days of becoming aware.
4. Can the Commission remove or ban a responsible person?
Yes. It can determine a person is not suitable, after notice and a chance to respond, and the provider must then act. It can also make banning orders restricting involvement in funded aged care.
Keep Your Register Accurate Before Anyone Asks
Responsible persons are defined by what they do, so the list changes whenever roles, delegations or structures change. A current register, a dated annual review and a log of 14-day notifications show your obligations are being met. Start by mapping every role in your organisation against the four limbs in section 12, then record the result in one register with a named owner.
