Law or provider policy? Questions worth asking
When a provider says something is required, it's fair to ask whether that's a government rule or their own policy. Here are the questions I'm asking about value for money, local trades and remote towns, and how to ask yours in writing.
By Colin Dixon, 22 October 2026. Facts checked 22/10/2026 against the sources listed at the end. For clients and families. About 4 minutes to read.
In short
Some requirements come from Commonwealth law and the department's rules, and some are a provider's own policy. Ask your provider, in writing, which is which, and what flexibility exists where you live. Keep it polite and specific, and if you don't get a clear answer, OPAN can help for free.
At the Support at Home sessions in Mallacoota, a lot of answers started with “you have to”. Some of those are law. Some may be a provider’s way of managing risk. Both matter, but they’re not the same, and only one of them can be changed by talking to your provider.
Value for money
Here’s a hypothetical. A walker is available online for $300, and the same kind of walker costs $700 from a registered supplier. If the cheaper one is safe and suitable, which should be bought with public money? I don’t know the answer in every case, and there may be good reasons, such as fitting, warranty or a prescription. But it’s a fair question to ask.
Regular workers and one-off trades
The rules for aged care workers, such as police checks, are set out for registered providers in the Support at Home program manual. My understanding is that a person who comes in regularly to give care is treated differently from a tradesperson who does a one-off job, but I haven’t found that spelled out plainly for home modifications, so I’m asking. For the work itself, the government says the provider coordinates installation with a qualified person (My Aged Care: AT-HM scheme), and the department’s claiming guidance says one or more quotes can be submitted (provider training: claiming).
Remote towns
In a small town, choice is limited. If a provider only works with contractors from far away, travel and waiting time get built into the price. So ask whether a qualified local tradie can do the work, and what they’d need to provide, such as a licence, insurance and an ABN.
How to ask your provider in writing
Email is best, because you get a record. Keep it short and calm. Say what you were told, and ask three things: is this a requirement of the law or the department’s rules, and if so which one; or is it your organisation’s policy; and is there any flexibility for our situation? Ask for a reply by a date, say two weeks. If you don’t get a clear answer, OPAN offers free advocacy on 1800 700 600, and the Aged Care Quality and Safety Commission takes complaints.
I’m asking these questions myself and will share what I learn on the Mallacoota story.
Your experience
Have you asked your provider which rules are law and which are policy? What did they say? I’d like to hear from anyone, anywhere in Australia. Get in touch.