Aged care providers compliance obligations for a Pty Ltd company
Computed by the Rules Mate applicability engine for a Pty Ltd company in aged care providers with 6–19 employees, turnover $1M–$3M, selling to consumers and small businesses.
Short answer: 53 obligations
53 Commonwealth obligations apply to a Pty Ltd company in aged care providers with 6–19 employees, turnover $1M–$3M (21 critical), plus 13 to check. Risk rating: high. Licensed or supervised regime: aged care provider. These carry licence conditions, regulator audit and per-contravention civil penalties.
What the structure changes
Compared with a sole trader of the same size in aged care providers, a Pty Ltd company picks up 10 Commonwealth obligations and drops 0.
- Applies: Apply for a Director Identification Number (Director ID) (Incorporated company (Corporations Act))
- Applies: Comply with directors' general law and statutory duties (Incorporated company (Corporations Act))
- Applies: Prevent insolvent trading (s 588G) (Incorporated company (Corporations Act))
- Applies: Pay company PAYG/GST/SG or face Director Penalty Notice (DPN) (Incorporated company (Corporations Act))
- Applies: Lodge the ASIC annual company statement and review fee (Incorporated company (Corporations Act))
- Applies: Determine large proprietary company status annually (Proprietary company)
- Applies: Apply for a Tax File Number for new entities and partnerships (Separate entity (company, trust, partnership or fund))
- Applies: Pay ASIC fees + lodge prescribed forms (Incorporated company (Corporations Act))
- Applies: Discharge of directors' duties — practical evidence (Incorporated company (Corporations Act))
- Applies: Beneficial ownership transparency (Tranche 3 — under consultation) (Unlisted company)
Duties that come with being a Pty Ltd company
- Apply for a Director Identification Number (Director ID): Every director needs a Director ID before appointment — apply via ABRS.
- Comply with directors' general law and statutory duties: Directors owe duties of care and diligence (s 180), good faith (s 181), no improper use of position (s 182) or information (s 183).
- Prevent insolvent trading (s 588G): Directors must prevent the company incurring debts while insolvent — or face personal liability.
- Pay company PAYG/GST/SG or face Director Penalty Notice (DPN): Directors personally liable for unpaid company PAYG, GST + SG via DPN regime.
- Lodge the ASIC annual company statement and review fee: Every Australian company has an annual review date — confirm details and pay the fee.
- Determine large proprietary company status annually: Test the three large-prop thresholds at the end of each financial year — failing any two triggers Chapter 2M reporting.
- Pay ASIC fees + lodge prescribed forms: Companies must pay annual fees + lodge prescribed forms within statutory periods (e.g. Form 484 for changes).
- Discharge of directors' duties — practical evidence: Directors must contemporaneously document discharge of duties for defence in s 180-183 cases.
- Beneficial ownership transparency (Tranche 3 — under consultation): Proposed beneficial ownership register for unlisted companies and trusts — consultation through 2024-2025; commencement TBD.
Critical Commonwealth obligations on this profile
- Notifiable Data Breach (NDB) scheme (Provides a health service and holds health information — not covered by the small business exemption (Privacy Act s 6D(4)(b)))
- Apply for a Director Identification Number (Director ID) (Incorporated company (Corporations Act))
- Comply with directors' general law and statutory duties (Incorporated company (Corporations Act))
- Prevent insolvent trading (s 588G) (Incorporated company (Corporations Act))
- Pay superannuation on every payday (Payday Super) (You have employees (6–19))
- Pay employees in accordance with the applicable modern award (You have employees (6–19))
- Manage psychosocial hazards at work (You have employees (6–19))
- Take reasonable and proportionate measures to prevent sex discrimination, sexual (You have employees (6–19))
Check whether these apply
- Registered nurse on duty 24/7 in residential aged care: only if you operate residential aged care
- Comply with restrictive practices rules + behaviour support plans: only if you operate residential aged care
- Maintain controlled drugs register (Schedule 8 / 9): only if you hold Schedule 8 medicines
- AN-ACC funding classification compliance (residential): only if you operate residential aged care
- Lodge an FBT return and pay FBT by 21 May: only if you provide fringe benefits (cars, entertainment, loans) to employees
- Wash outbound marketing lists against the Do Not Call Register: only if you make outbound telemarketing calls
- Influencer + ad disclosure under ACL + AANA Code: only if you advertise to consumers or engage influencers
- Pay redundancy under NES (s 119 FW Act): only if you have 15 or more employees (FW Act s 121 small business exemption)
State and territory law
This page counts Commonwealth obligations only. Payroll tax, workplace safety, licensing and other state duties depend on where the business operates; the industry's state pages list them.
Other structures and industries
- Aged care providers: sole trader
- Aged care providers: trust
- Aged care providers: public company
- Aged care providers: registered charity
- Aged care providers: not-for-profit
- Real estate agents: pty Ltd company
- Precious metals & stones dealers: pty Ltd company
- Fintech (non-bank): pty Ltd company
- Banks & ADIs: pty Ltd company
- General insurers: pty Ltd company
- Superannuation trustees: pty Ltd company
Questions
- What compliance obligations apply to a Pty Ltd company in aged care providers?
- 53 Commonwealth obligations apply to a Pty Ltd company in aged care providers with 6–19 employees, turnover $1M–$3M (21 critical), plus 13 to check. Risk rating: high. Licensed or supervised regime: aged care provider. These carry licence conditions, regulator audit and per-contravention civil penalties.
- What changes compared with a sole trader of the same size?
- A Pty Ltd company picks up 10 obligations and drops 0, including Apply for a Director Identification Number (Director ID).
Related
- Aged care providers: all obligations
- Compliance obligations by structure
- Compliance obligations by industry, state and size
- Notifiable Data Breach (NDB) scheme: does it apply to aged care providers?
- Comply with Aged Care Quality Standards (Aged Care Act 2024): does it apply to aged care providers?
- Make mandatory notifications to AHPRA: does it apply to aged care providers?
- Comply with Serious Incident Response Scheme (aged care): does it apply to aged care providers?
Sources
- Apply for a Director Identification Number (Director ID)
- Comply with directors' general law and statutory duties
- Prevent insolvent trading (s 588G)
- Pay company PAYG/GST/SG or face Director Penalty Notice (DPN)
- Lodge the ASIC annual company statement and review fee
- Pay ASIC fees + lodge prescribed forms
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.