Russell Kennedy - Key Personnel Package for Approved Providers

As providers would now be aware the Aged Care and Other Legislation (Royal Commission Response) Bill 2022 (the Royal Commission Response Bill 2022) passed on 2 August 2022.

What are the new obligations in relation to key personnel?

Providers must be clear about which roles and personnel constitute key personnel and ensure that they:

  1. Consider the new suitability criteria before engaging the person; and
  2. Notify the Commission of any changes in key personnel or any suitability matters within 14 days. This is a shorter timeframe than previously required.

It is an offence for providers and their key personnel not to comply with the legislation.

Russell Kennedy Key Personnel Pack

Our team have developed a range of resources that providers can purchase individually or as a pack to assist with your compliance requirements.

1. Key Personnel documents:

  • A 3 Part form for the approved provider and key personnel with a declaration to be completed by key personnel for the purposes of collecting relevant information, assessing suitability, making a decision and to record the approved provider’s suitability assessment;
  • A companion guide for the approved provider to assessing suitability;
  • A letter to the employee providing a summary of the regulatory context and key obligations as key personnel; and
  • A letter to the Board members providing a summary of the regulatory context and key obligations as key personnel.

2. Training:

  • Training about the new key personnel requirements, the assessment and decision-making process, and engaging and terminating employees, including reference checking, privacy issues and employment agreements presented by webinar (75 min).
  • Provision of PowerPoint for ongoing use.
  • Optional – Key obligations of Board members as key personnel (20 min).

3. Policy:

  • Review of approved provider’s Key Personnel Policy.
  • Template Key Personnel Policy for employees, Board members and others.

4. Employment Agreement:

  • Clauses for standard employment agreement, for inclusion into current template, to be tailored by the employer.
  • Review of 2 other Human Resources policies for compliance with the new requirements (eg. Code of Conduct, termination of employment etc).

5. Key Personnel Suitability Matters Guidance for Dual Registered Providers:

  • An overview of dual registered NDIS providers’ / Approved providers’ Key Personnel responsibilities under the AC Act and Principles, NDIS Act and Rules and other guidance material issued by the NDIS Commission and the DSS.

How do I purchase this?

To purchase any of these resources or ask any questions, please send an email to and one of our team members will contact you.

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