The Australian Government introduced the Aged Care Bill 2024 to Parliament on 12 September 2024.
The Bill is for a new Aged Care Act – the main law that sets out how the aged care system operates. It will put the rights of older people first.
The Bill 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 proposed 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.
The Aged Care Bill 2024 is very different from the existing legislation. It focuses on empowering older people and upholding their rights, needs and personal choices. It will also impact the way that the Aged Care Quality and Safety Commission regulates providers and holds them accountable for complying with their responsibilities.
We will update our website and guidance materials to reflect the Act as passed by the Parliament, when that occurs.
To become law, the Bill has to be debated and passed by both Houses of Parliament. Depending on these parliamentary debates and voting processes, the new Act is expected to 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.
Key changes for Aged Care Workers
The proposed new Aged Care Act will introduce key changes to the way aged care workers provide care and deliver services.
Under the new Act:
- The Statement of Rights will make clear what older people can expect from providers and aged care workers.
- The Statement of Rights 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 meet the needs and preferences of people receiving care.
- The Statement of Principles will say that the aged care system should support workers to:
- be empowered to support innovation, continuous improvement and the delivery of high-quality care
- participate in governance and accountability mechanisms.
- Workers, responsible persons and providers must continue to comply with the Code of Conduct for Aged Care.
- Workers will have increased protections through the expanded whistleblower protections.
- Workers must fulfil and comply with revised worker screening arrangements.
