What Is a “Responsible Person” Under the Aged Care Act?
If you’re preparing an aged care provider registration application, you’ll encounter the term “responsible person” immediately and it’s not a minor administrative label. Under the Aged Care Act 2024, which took effect on 1 November 2025, responsible persons carry a personal, statutory duty for their organisation’s compliance, and the Commission assesses each one individually before registration is granted. Understanding who qualifies, and what’s expected of them, is essential before you submit your application.
Who Counts as a Responsible Person?
Section 12 of the Aged Care Act defines a responsible person broadly: an individual with authority or
responsibility for, or significant influence over, planning, directing, or controlling the activities of the provider. In
practice, this includes:
● Members of the governing body: board directors, trustees, or committee members
● The CEO or equivalent senior executive
● Key management personnel with genuine decision-making authority
● Anyone else who can significantly influence the organisation’s direction, even without a formal executive title
It’s worth noting that a frontline worker does not automatically become a responsible person simply by holding operational responsibility during a shift. The definition is about genuine organisational authority and influence, not day-to-day task supervision. You can, however, be both an aged care worker and a responsible person at the same time if your role genuinely carries both functions.
The Due Diligence Duty
Responsible persons carry a statutory duty to exercise due diligence to ensure their organisation complies with
its legal obligations, including maintaining safety and quality of care. This sits alongside a separate duty on the
registered provider itself, which must ensure its conduct doesn’t cause adverse effects to the health and safety
of people in its care. These duties are enforceable by the Aged Care Quality and Safety Commissioner,
including through civil penalty proceedings.
The 11 Suitability Matters
Before registration is granted, the Commission assesses every responsible person against 11 suitability matters
set out in section 13 of the Act, covering areas such as criminal history, financial standing, competence, and
whether the person is considered fit and proper to hold their role. This isn’t a one-time check, responsible
persons must notify the Commission of any change in circumstances relating to their suitability and providers
must maintain an accurate, current responsible persons register on an ongoing basis.
Ongoing Obligations After Registration
● Worker screening compliance: responsible persons must comply with worker screening requirements prescribed by the Aged Care Rules
● Aged Care Code of Conduct: responsible persons, like aged care workers generally, must comply with the Code of Conduct
● Notification deadlines: changes affecting a responsible person’s suitability must be notified to the Commission within 14 days of the provider becoming aware of the change
● Accurate registers: failure to maintain an accurate responsible persons register is itself a compliance risk that can lead to conditions on registration or enforcement action
Why This Matters for Your Registration Application
Naming a responsible person on your application without being able to evidence their genuine capability is a common reason applications stall. The Commission isn’t just checking a name and a title; it’s
assessing whether the people with real influence over your organisation are demonstrably suitable to be trusted
with government-funded aged care. Get your governance structure and personnel evidence right before you
apply, not after a request for more information arrives
FAQs
Who is considered a responsible person under the Aged Care Act?
Anyone with authority, responsibility, or significant influence over planning, directing, or controlling a registered
provider’s activities. Typically, they are governing body members, the CEO, and key management personnel.
Does a shift supervisor or nurse in charge count as a responsible person?
Not automatically. The definition focuses on genuine organisational authority and influence over the provider’s
direction, not day-to-day operational or shift supervision responsibilities.
What duty do responsible persons have under the Act?
Responsible persons have a statutory due diligence duty to ensure the registered provider complies with its legal
obligations, including maintaining safety and quality of care. This duty is enforceable, including through civil
penalty proceedings.
How quickly must a change affecting a responsible person be reported?
Providers must notify the Commission within 14 days of becoming aware of a change in circumstances affecting
a responsible person’s suitability.
Get Your Governance Evidence Right From the Start
Demonstrating genuine responsible person suitability is one of the most scrutinised parts of an aged care
registration application. At Dimarcorp Enterprise Consulting, we help you build the ongoing systems needed to stay compliant after
registration.
Learn More About Becoming a Registered Aged Care Provider
Book a governance readiness consultation with Dimarcorp→ Contact Us