Australia’s residential aged care runs on a national licence framework with state and territory planning and building layers on top. In plain terms, you get Commonwealth approval to operate, then you secure council planning consent and building sign off to open your doors. I will walk you through the national steps first, then the state by state processes.
Along the way I will call out key entities such as the Department of Health and Aged Care, the Aged Care Quality and Safety Commission, local councils, fire authorities, and state planning departments.
National Framework and Who Regulates What
Scope of the Aged Care Act 1997
The Aged Care Act 1997 governs approved providers and subsidised residential care across Australia. The Department of Health and Aged Care administers funding and policy. The Act sets the rules for provider approval, consumer rights, and how services qualify for subsidies. It sits above the state systems, so once you become an approved provider you can operate nationally subject to local planning and building laws.
Role of the Aged Care Quality and Safety Commission
The Aged Care Quality and Safety Commission approves providers, accredits facilities, audits quality, and enforces the Quality Standards. You deal with the Commission to gain approved provider status, to accredit each new centre, and to maintain accreditation. The Independent Health and Aged Care Pricing Authority and the Australian Bureau of Statistics provide the pricing and data context that informs policy and resourcing, but the Commission remains your day to day regulator for quality.
How Commonwealth approval links to state planning and building
Commonwealth approval does not replace local approvals. You still need a development consent from your council or state planning authority, and you must build to the National Construction Code. Fire and emergency services in your state will check life safety systems. When the certifier is satisfied and issues an occupancy certificate, you can open subject to your accreditation timeline with the Commission.
Becoming an Approved Provider
Eligibility and corporate structure
You must apply as an incorporated entity. You need a suitable governing body with the skills to run a care service. You also appoint key personnel who pass suitability checks and who understand clinical governance and financial management.
Governance, key personnel, and suitability checks
Boards and executives count as key personnel. They must meet fit and proper requirements and hold clear national police checks. You must show how you will run a safe service under the Aged Care Quality Standards. You also need policies for clinical care, incident management, complaints, and resident rights.
Financial capacity and prudential readiness
You must demonstrate that you can fund construction and operations. Lenders or investors will expect a clear business case and realistic cash flow. You must also understand refundable deposits and prudential rules. The Commission will expect a budget, evidence of financing, and credible assumptions that align with pricing guidance from the Independent Health and Aged Care Pricing Authority.
Approval steps in 2025
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Prepare your corporate structure, key personnel, and governance framework.
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Build your workforce plan to meet care minutes and an RN on site 24 by 7.
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Complete the approved provider application to the Aged Care Quality and Safety Commission.
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Compile evidence of financial capacity including capital commitments and operating budgets.
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Align policies with the Aged Care Quality Standards and prepare for accreditation.
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Lodge the application and respond quickly to any information requests from the Commission.
Facility Accreditation and Quality Standards
Initial accreditation for new centres
Accreditation confirms that your centre can deliver safe and quality care. You submit evidence to the Aged Care Quality and Safety Commission covering staffing, clinical governance, resident safety, and the built environment. You must be ready to admit residents only after the Commission grants accreditation for the site.
Reaccreditation and minimum staffing in 2025
Existing providers prepare for reaccreditation on a regular cycle. From 2025 you must meet an average of 215 care minutes per resident per day with at least 44 minutes from registered nurses. You also need an RN on site 24 by 7. You will report staffing and quality indicators that the Commission can verify.
Facility Design and Build Fundamentals
National Construction Code Class 9c requirements
Aged care centres are Class 9c buildings under the National Construction Code. Your design must support residents who may not self evacuate. Councils and private certifiers check compliance before issuing a building permit and later the occupancy certificate. Fire authorities expect robust life safety systems and practical evacuation planning tailored to residents with limited mobility.
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Automatic fire sprinkler systems and compliant alarms throughout resident areas
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Accessible design with ramps, circulation space, grab rails, and suitable bathrooms
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Smoke compartmentation and fire rated construction suited to staged evacuation
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Nurse call coverage, backup power, and safe storage for medicines
Occupancy certification and pre opening sign offs
Before you open you need the final inspection by the certifier. You also need fire authority acceptance of systems where required, council registration for any on site kitchen, and environmental health checks. You then complete any pre opening steps with the Aged Care Quality and Safety Commission so that accreditation aligns with your planned first admissions.
State and Territory Processes at a Glance
What states control versus what the Commonwealth controls
States and territories control land use planning, building permits, fire safety oversight, and local health registrations. The Commonwealth controls provider approval, funding, quality standards, and facility accreditation. Local government sits in the middle as the primary planning and environmental health authority.
Typical approval sequence and timing
You secure a site and lodge a development application with council or the state planning department. In parallel you progress design to building permit level. You pursue approved provider status early so that your accreditation window lines up with practical completion. You then commission the building, obtain the occupancy certificate, and complete the accreditation steps so you can admit residents.
New South Wales
Planning approvals
New South Wales treats aged care as part of seniors housing. The NSW Department of Planning and Environment sets statewide policy that councils apply through development consent. You will address issues such as height, traffic, parking, and open space per resident. Early engagement with council planners can smooth the path to consent.
Building approval and occupation certificate
You will need a construction certificate before building work and an occupation certificate at completion. Fire and Rescue NSW can review fire engineering and systems. The certifier must be satisfied that your Class 9c design meets the National Construction Code and any NSW variations. Council will also register your kitchen as a food business if you cook on site.
State licensing stance and local registrations
NSW does not issue a separate health licence for Commonwealth regulated aged care homes. You still deal with council for environmental health and with the planning portal for statutory lodgement. Your licence to operate comes from the Commonwealth through the Aged Care Quality and Safety Commission.
Victoria
Planning approvals under Clause 53.17
Victoria’s planning system recognises that aged care has a distinct built form. The Department of Transport and Planning uses Clause 53.17 to guide councils on design outcomes. You apply for a planning permit that focuses on the buildings and works rather than land use classification. You will address neighbourhood character, setbacks, amenity, and access.
Building permit and occupation permit
A registered building surveyor issues the building permit once your Class 9c design satisfies the National Construction Code. After completion the surveyor issues an occupation permit when all safety systems operate as designed. You also complete food business registration with council if you run an on site kitchen.
State licensing stance and SRS distinction
Victoria does not license Commonwealth regulated aged care homes. Supported Residential Services sit under a different state regime for private accommodation and personal care. Your aged care centre operates under Commonwealth approval and accreditation while councils and state agencies focus on planning, building, and public health.
Queensland
Council development approval
Queensland councils assess residential care facilities under local planning schemes. You will address traffic, parking, building scale, and access to services. The Department of State Development can be involved if the site triggers state interests, but the council remains the usual assessment manager.
Building certification and fire safety plan
A building certifier issues approvals once your Class 9c design complies with the National Construction Code. Queensland Fire and Emergency Services will expect a practical fire safety management plan. Council will also handle food business licensing and environmental health checks for on site kitchens.
State licensing stance and Residential Services exemptions
Queensland does not license Commonwealth regulated aged care facilities under its Residential Services regime. Your authority to operate remains with the Aged Care Quality and Safety Commission. You continue to interact with council and state agencies for planning, building, and public health matters.
Western Australia
Local planning approval
In Western Australia you will usually seek development approval from your local government, with larger proposals sometimes determined by a Development Assessment Panel or the Western Australian Planning Commission. Engage early with the planning team to confirm zoning, height, setbacks, traffic and parking. Reference local aged or dependent persons’ care policies where they exist, and align resident open space and access with community expectations.
Building permit and LARU context
You will need a building permit issued by a registered building surveyor once the Class 9c design meets the National Construction Code. Coordinate with WA Fire and Emergency Services on sprinkler coverage, compartmentation, alarms and evacuation. WA Health’s Licensing and Accreditation Regulatory Unit licenses private hospitals, but Commonwealth certified residential aged care is generally exempt. Your operational licence flows from Commonwealth approved provider status and accreditation.
State licensing stance for Commonwealth facilities
You do not apply for a separate WA health facility licence when you operate under the Aged Care Act. Focus on local approvals, building compliance, public health, and your accreditation with the Aged Care Quality and Safety Commission.
South Australia
PlanSA development approval
South Australia assesses proposals through the Planning, Development and Infrastructure framework using the Planning and Design Code. Lodge via PlanSA and address performance outcomes for residential aged care, including neighbourhood interface, noise, parking and access for emergency services. Where relevant, a regional assessment panel or the State Planning Commission may determine the application.
Building rules consent and certificate of occupancy
Secure building rules consent and a building permit once your Class 9c documentation satisfies the code. Coordinate with the Metropolitan Fire Service or Country Fire Service on life safety. A certificate of occupancy issues at completion when the surveyor is satisfied that the works comply and systems operate as designed.
State licensing stance and SRF distinction
Commonwealth regulated residential aged care does not require a separate SA licence. Local councils license Supported Residential Facilities that sit outside the federal scheme. If you operate under the Aged Care Act your licence to operate rests with the Aged Care Quality and Safety Commission.
Tasmania
Council development application
In Tasmania you apply to council under the Tasmanian Planning Scheme. Aged care is commonly discretionary in residential zones, so plan for public notification. Address overshadowing, privacy, traffic and landscaping, and show how the design supports mobility and dementia friendly movement.
Building permit and occupancy permit
A building surveyor issues the building permit when the Class 9c design meets the National Construction Code and any Tasmanian variations. Coordinate with Tasmania Fire Service for commissioning of sprinklers and alarms. An occupancy permit follows final inspection, after which you move to accreditation and opening.
State licensing stance under HSE framework
The Department of Health regulates private hospitals under the Health Service Establishments framework, but Commonwealth funded residential aged care is not licensed under that Act. Your authority to operate comes from the Commonwealth. Council remains your environmental health and food business regulator.
Australian Capital Territory
Territory Plan and lease considerations
In the ACT you will work within the Territory Plan and the leasehold system. Confirm that your Crown lease permits residential care use or pursue a lease variation. The planning authority will assess your development application against relevant zone codes, with attention to parking, building envelope and amenity.
Building approval and certificate of occupancy and use
An ACT licensed certifier grants building approval once your Class 9c documentation complies. ACT Fire and Rescue may review fire strategies for evacuation of non ambulant residents. On completion you obtain a Certificate of Occupancy and Use. Staff in the ACT also require Working With Vulnerable People registration in addition to national police checks.
State licensing stance and WWVP screening
The ACT does not issue a separate aged care service licence under territory health legislation. Your licensing sits with the Aged Care Quality and Safety Commission, while the ACT Government manages planning, building and public health and the Working With Vulnerable People scheme.
Northern Territory
Development Consent Authority approval
In the Northern Territory the Development Consent Authority assesses proposals against the NT Planning Scheme. Pay close attention to site access, shading and outdoor comfort given the climate. Community consultation is common for discretionary developments.
Building permit and cyclone design considerations
A building certifier issues permits when your Class 9c design satisfies the code and cyclone loading where applicable. Coordinate with NT Fire and Rescue for commissioning. Plan plant resilience for heat and seasonal power events to protect residents.
State licensing stance for Commonwealth services
The NT does not run a separate licensing scheme for Commonwealth regulated aged care. Your operational licence rests with the Commonwealth approval and accreditation framework. Territory agencies focus on planning, building and public health.
Staffing and Workforce Readiness
Residential aged care centres must meet the national staffing baseline of an average 215 care minutes per resident per day with at least 44 minutes from Registered Nurses and an RN on site 24 by 7. Build a workforce plan that covers recruitment, orientation, supernumerary time, and relief capacity. Ensure all Registered Nurses and Enrolled Nurses hold current AHPRA registration and that care workers complete mandatory training. Align rosters to acuity and document escalation to on call clinical leads overnight.
Work with local universities and TAFE partners to secure placement pipelines. Consider regional incentives and accommodation solutions where supply is tight. Use data from the Australian Bureau of Statistics and your care minutes reports to refine staffing models. Engage early with the Aged Care Quality and Safety Commission if you foresee pressure on care minutes so that your mitigation plan is on record.
Clinical and Operational Set Up
Stand up medication governance with chart validation, imprest registers, secure storage and cold chain monitoring. Implement infection prevention with standard and transmission based precautions, environmental cleaning schedules and water management. Embed incident management, restrictive practices oversight, complaint handling and consumer engagement to meet the Aged Care Quality Standards. Map emergency procedures with your state fire authority and run scenario drills with staff and local responders.
Confirm contracts for diagnostics, pharmacy and after hours GP support. Establish kitchen food safety plans with council. Calibrate nurse call, wandering alerts and BMS alarms before occupation. Document service level agreements and escalation paths so that your leadership team can respond quickly when issues arise.
Procurement and Fit Out
Plan procurement early so commissioning stays on schedule. Specify pressure care mattresses, hoists, slings, continence products, PPE, uniforms, cleaning systems, clinical consumables, furniture and kitchen equipment. Source from suppliers who understand Class 9c environments and the Aged Care Quality Standards.
Complete Wholesale Suppliers supports aged care providers nationally with facility supplies across clinical, cleaning, kitchen and resident care categories. CWS understands commissioning deadlines, staged deliveries and the documentation councils request for food safety and environmental health. Engage vendors like CWS during design so room layouts, storage volumes and infection control flows match product specifications and supply cadence.
Pre Opening Readiness and Go Live
Schedule integrated testing of fire systems, nurse call, access control, lifts and emergency power. Complete food business registration with council, organise the final building inspection and secure the occupancy certificate. Prepare your accreditation readiness pack for the Aged Care Quality and Safety Commission, including rosters, staff competencies, policies and opening day resident pathways.
Run a soft opening to validate workflows with a small number of residents before ramping up. Capture lessons learned, adjust rosters and confirm vendor responsiveness. Maintain a direct line to your local hospital and ambulance service so transfers and urgent consultations run smoothly from day one.
Existing Providers Renewal Path
If you operate an existing service, build a rolling reaccreditation plan that locks in gap assessments, consumer feedback cycles and mock audits. Document capital works that may trigger new planning or building approvals and engage your certifier early if you alter fire compartments or resident room layouts.
When you refinance or expand, confirm that design updates preserve Class 9c compliance and do not compromise evacuation strategies. Keep your workforce pipeline warm and align recruitment with seasonal demand. Above all, keep an open dialogue with the Aged Care Quality and Safety Commission and your local council so that approvals and accreditation timelines stay aligned with your operational plans.