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Who is personally on the hook under the Act, and what discharging the duty actually looks like.
The Act attaches direct, non-delegable duties to providers under s 179, and to responsible persons (board directors and executive decision-makers) under s 180, backed by a civil-penalty regime. And "responsible person" reaches past the boardroom: s 12 also names the registered nurse responsible for the overall management of nursing services, so directors of nursing and senior clinical leaders are captured too. What due diligence actually requires of a director, and what being named a responsible person under section 12 means in practice for directors of nursing and senior clinical leaders, from suitability assessment to the clinical evidence the board depends on, plus the questions, evidence and cadence that show the duty is being discharged in your board pack and quality committee.
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Naomi Alefelder is the founder of Holistic Governance, a governance consultancy for organisations across Australia's regulated care sectors. A Registered Nurse, MBA, AICD Foundations graduate and Exemplar Global Lead Auditor, she pairs frontline clinical experience with board-level oversight to turn complex regulatory obligations into governance organisations can action and evidence. She is also building a governance-technology start-up, scheduled for release in 2027.
Read more about Naomi →The Assurance Briefing is general information and decision support only, not legal or clinical advice. Legislative references are current as at each episode's release date; verify against the relevant current law and regulator guidance before acting.