Additional Governing Body Obligations

Categories 4, 5, 6

Overview

If your organisation is registered in Categories 5 or 6, your governing body must meet additional obligations:

  • A majority of members must be independent and non-executive

  • At least one member must have clinical care experience

  • The board must include a diverse mix of skills, knowledge and experience

  • A Quality Care Advisory body must be in place

  • You must offer to establish a Consumer Advisory body at least once every 12 months

If your organisation is registered in Category 4, your governing body must meet these additional obligations:

  • A Quality Care Advisory body must be in place

  • You must offer to establish a Consumer Advisory body at least once every 12 months

Who’s exempt from these additional obligations?

Additional governing body obligations do not apply to:

  • State or territory-approved providers, including local government

  • Providers in Categories 1, 2 and 3

  • Providers with fewer than 5 board members and fewer than 40 clients

  • Approved Aboriginal Community Controlled Organisations

Key Resources

Provider Governance Policy

The Provider Governance Policy outlines the Aged Care Quality and Safety Commission’s expectations of providers and guiding principles of good governance. It includes:

  • Definitions and principles of good governance

  • Provider governance obligations

  • How the Commission collects provider governance information  

  • How the Commission responds to provider governance risks.

Created by: Aged Care Quality and Safety Commission

Download Policy

Aged Care Act Communications Toolkit

As the new Act takes effect, providers must ensure their governing boards understand their obligations.

This Toolkit bridges the gap between government-issued materials and what providers need on the ground.

The Toolkit features easy-to-read board briefing papers covering:

  • High Quality Care (pages 18-20)

  • Establishment of a Legislated Advisory Bodies
    (pages 114-119)

Created by: SSD Connect Alliance and Victorian SSD Partners with Enkindle Consulting

Updated: 28 July 2025

Download Toolkit Word Doc

Provider governance checklist

Use this checklist to help you set aside time – at least once a year – to review the procedures you have in place and ensure you're meeting your provider governance obligations.

Created by: Aged Care Quality and Safety Commission

Download Checklist

Consumer advisory body – fact sheet

A fact sheet for providers on their consumer advisory body obligations and good practice guidance for supporting consumer advisory bodies.

Created by: Aged Care Quality and Safety Commission

Download Fact Sheet

Quality care advisory body – fact sheet

A fact sheet that introduces the responsibility for providers to establish and continue a quality care advisory body.

Created by: Aged Care Quality and Safety Commission

Download Fact Sheet

Clinical governance in aged care 

Webpage with various clinical governance resources.

Created by: Aged Care Quality and Safety Commission

Go to Webpage

What directors need to know about governing for quality aged care 

This article outlines how boards can strengthen governance in aged care. Key points include:

  • Prioritising client safety, dignity and outcomes

  • Improving clinical literacy among directors

  • Diversifying board skills and perspectives

  • Strengthening systems for risk, quality and complaints

  • Embedding accountability and continuous improvement

Created by: Australian Institute of Company Directors

Reading time: 5 minutes

Go to Webpage

Your questions answered

Answers to frequently asked questions about governing body obligations and determinations. 

Created by: Aged Care Quality and Safety Commission

Go to Webpage

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