The new Aged Care 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.
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.
This marks a significant step towards building a stronger, more responsive aged care system that puts the rights, dignity and needs of older people first.
As an aged care worker, you will play a key role in bring the new Act to life and ensuring its success.
The Act will:
- 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 rights-based law:
- 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.
Key changes for Aged Care Workers
The new Aged Care Act introduces changes to how aged care workers provide care and deliver services:
- Workers will have stronger protections through expanded whistleblower protections.
- The Statement of Rights will clearly outline what older people can expect from providers and aged care workers.
- It will specify that older people receiving care will have the right to have services delivered by aged care workers who have appropriate qualifications, skills and experience.
- The Quality Standards have been strengthened to ensure care and services are safe, high-quality and tailored to meet the needs and preferences of people receiving care.
- The Statement of Principles will say that the aged care system should support workers by:
- empowering them to drive innovation and continuous improvement
- enabling their participation in governance and accountability processes.
- Workers, responsible persons and providers must continue to comply with the Code of Conduct for Aged Care.
Workers must meet revised worker screening requirements to ensure their suitability for roles.
