The Aged Care Act (1997) places a responsibility aged care organisations to ensure that the ‘key personnel’ on their staff are not ‘disqualified individuals’, who are ineligible to work in certain key positions in aged care.
What does ‘key personnel’ mean? Who qualifies as key personnel?
Under the Act, key personnel are:
What is a ‘disqualified individual’?
A disqualified individual is defined by the Act to be someone who:
Can a disqualified individual be a member of an organisation’s key personnel?
No, disqualified individuals may not be employed as key personnel.
What are the obligations on employers to ensure that they are not employing disqualified individuals as key personnel?
An organisation must take all reasonable steps to ensure that they are not employing disqualified individuals as key personnel. You may be sanctioned for failure to do this.
To meet their obligations, before hiring key personnel or promoting an employee to key personnel level employers must:
Additionally, it is also the responsibility of an employer to ensure that their key personnel understand that as key personnel, they cannot maintain their position if they become disqualified individuals.
What should an organisation do if it is discovered that one of their key personnel is a disqualified individual?
If it is discovered that an employer has a disqualified individual among their key personnel, the Act obliges the employer to take action to remove the employee from being one of their key personnel.
What if it is suspected that one of an employer’s key personnel is incapable of carrying out their duties?
The employer should arrange to have that person examined by a registered medical practitioner.
Contact our Employment Law & Investigations Team for more information.