The Australian Government passed the Aged Care Bill 2024 on 25 November. The new Aged Care Act will commence from 1 July 2025.
The Aged Care Act is the main law that sets out how the aged care system operates. It will put the rights of older people first.
The Act aims to:
- empower and improve the lives of older people accessing aged care services in their home, the community or residential aged care
- provide a forward-looking aged care system that is designed to:
- uphold the rights of older people under the Statement of Rights
- assist older people accessing aged care services to live active, self-determined and meaningful lives
- ensure equitable access to, and flexible delivery of, funded aged care services that put older people first
- support older people accessing funded aged care services to effectively participate in society on an equal basis with others
- enable older people accessing funded aged care services to exercise choice and control in the planning and delivery of those services
- provide a robust and risk-based regulatory framework for the delivery of funded aged care services, including accessible complaints mechanisms
- ensure older people are free from mistreatment, neglect and harm from poor quality or unsafe care
- provide and support education and advocacy arrangements that can assist older people to understand their rights, make decisions and provide feedback on the delivery of those services without reprisal
- encourage providers and workers to deliver high-quality care.
The new Act:
- addresses around 60 recommendations from the Royal Commission into Aged Care Quality and Safety
- includes feedback from several public consultations run by the Department of Health and Aged Care
- responds to the Aged Care Taskforce on sustainably funding aged care into the future.
The new Aged Care Act is very different from the existing legislation. It focuses on empowering older people and upholding their rights, needs and personal choices. It also impacts the way that the Aged Care Quality and Safety Commission regulates providers and holds them accountable for complying with their responsibilities.
The new Act will commence from 1 July 2025. It will replace existing legislation, including the current Aged Care Act 1997 and the Aged Care Quality and Safety Commission Act 2018.
Improving care for older people
The new Aged Care Act will:
- recognise your rights, and oblige registered providers to act consistently with these rights
- enable you to appoint a supporter to help you make decisions, or to make them on your behalf in exceptional circumstances
- make it easier to access aged care with a simple, single entry-point and needs assessment
- improve the information published about aged care providers, so you can make informed decisions
- recognise younger people needing access to aged care early due to their specific life experiences:
- First Nations people aged 50–64
- people who are homeless or at risk of homelessness aged 50–64
- allocate a residential care place to you directly, rather than to a provider
- make clear what you should expect from aged care providers and workers
- ensure your protections across all aged care programs, including the:
- National Aboriginal and Torres Strait Islander Flexible Aged Care (NATSIFAC) Program
- Commonwealth Home Support Programme (CHSP)
- protect you if you make a complaint or report and provide ways for you to achieve meaningful outcomes
- enable compensation if you become seriously injured or ill as a result of a provider breaching their statutory duty of care.
To learn more about the new Aged Care Act go to:
