Who must comply with Registered nurse on duty 24/7 in residential aged care?
The applicability test for Registered nurse on duty 24/7 in residential aged care (ACQSC), computed across 35 industries, 9 business structures and 6 size bands.
Short answer: Only if
Applies only if you operate residential aged care. Whether it applies turns on a fact that no industry, structure or size settles on its own.
What the obligation is
Residential aged care providers must have a registered nurse on duty 24 hours a day.
Section 54-1AA of the Aged Care Act (from 1 July 2023, continued under the Aged Care Act 2024) requires residential aged care providers to have at least one registered nurse on duty and on site at all times. Limited exemptions for facilities with fewer than 30 beds in regional/remote areas. Care minutes targets also apply.
The applicability test
Applies only if you operate residential aged care. Whether it applies turns on a fact that no industry, structure or size settles on its own.
How the regulator frames it: Approved residential aged care providers.
What triggers it: Operating a residential aged care service.
Jurisdiction: Commonwealth law, so the test is the same in every state and territory.
Which industries are in or out
Outcome across the 35 industries Rules Mate maps (1 of 35: only if a further fact applies; 34 of 35: no).
| Industry | Answer |
|---|---|
| Aged care providers | Only if a further fact applies |
| No | 34 other industries |
Business structure and size
Structure does not change the answer in aged care providers: for every structure the answer is "only if a further fact applies".
Size does not change the answer in aged care providers: at every size band the answer is "only if a further fact applies".
Worked examples
Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:
- Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.
- Pty Ltd company in aged care providers with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if you operate residential aged care.
Answers that bring it into scope
Starting from a small or large professional services company that does not otherwise meet the test, each of these single facts changes the engine's answer:
- The business is an approved aged care provider: it becomes worth checking, because it applies only if you operate residential aged care.
When you need to check further
The engine shows this obligation as "check whether this applies" when a business has approved aged care provider status. It then applies only if you operate residential aged care. That fact is not something Rules Mate can infer from industry, structure or size.
What you must do, and when
- When due
- Continuous from 1 July 2023.
- Frequency
- Ongoing
- Evidence to keep
- Rostering records, RN credentialing, exemption documentation if applicable.
- Status
- Current
- Priority
- Critical
Penalty for not complying
Maximum penalty: Civil penalties; sanctions including imposition of conditions.
Audit or assurance level
Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.
Enforcement examples
- ACQSC sanctions — multiple aged care providers (RN 24/7) (2024): Star Ratings + RN 24/7 + care minutes compliance now a primary go/no-go for the sector.
- Aged Care Quality Commission sanctions — multiple providers (2023-24) (2024): Strengthened Aged Care Act compliance has teeth — RN 24/7 and care minutes are reported and audited. Sanctions are escalating.
Obligations with the same applicability test
If this obligation applies to you, so do these 2: the engine uses the same rule for each.
Where it sits in the corpus
Rules Mate tracks 8 published obligations tagged "aged care", 7 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated critical priority, and is an ongoing duty.
Regulator, legislation and tools
Regulated by Aged Care Quality and Safety Commission.
ACQSC: Aged care provider regulation under the new Aged Care Act (in force from 1 November 2025). Standards, complaints, and serious incident response.
Aged Care Act 2024: New federal aged care Act in force 1 November 2025 (replaces 1997 Act).
Free tools that help with this obligation:
Questions
- Who must comply with Registered nurse on duty 24/7 in residential aged care?
- Applies only if you operate residential aged care. Whether it applies turns on a fact that no industry, structure or size settles on its own.
- Does Registered nurse on duty 24/7 in residential aged care apply to sole traders?
- Only if a further fact applies. Looking in aged care providers and every size band, the engine's answer for a sole trader is: only if a further fact applies.
- Does Registered nurse on duty 24/7 in residential aged care apply to businesses with 1–5 employees?
- Only if a further fact applies (1–5 employees, turnover $100K–$1M).
- When is "Registered nurse on duty 24/7 in residential aged care" due?
- Continuous from 1 July 2023.
Related
Sources
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.