To ensure people who access Government funded aged care services receive the quality of life they deserve, the Australian Parliament passed the Aged Care Act 2024 on 25 November 2024.
The Act was originally due to come into effect from 1 July 2025. The decision to postpone implementing the Act, which came into effect on 1 November 2025 was taken to minimise disruption to aged care facilities. Postponing the implementation of the Act allowed aged care providers to take the time needed to better understand the changes, prepare clients, support workers, and ensure their systems were ready for the new Act.
The New Aged Care Act has been developed to strengthen existing legislation. This includes the current Aged Care Act and the Aged Care Quality and Safety Commission Act 2018.
Central to the new Act is its rights-based framework for the delivery of aged care. For the first time it includes a Statement of Rights for older people and a Statement of Principles to guide how providers and workers must behave and make decisions.
For the Aged Care Quality and Safety Commission the new Act offers a clear and comprehensive set of obligations for providers. It also provides a more flexible and streamlined suite of powers for the Commission.
There are eight chapters to the new Act. These include:
- Ideas and goals in the Act such as people's rights when they receive aged care.
- Using aged care services including the rules about who can use aged care services.
- Workers and providers, which explains how providers become registered. The rules they must follow and consequences for breaching those rules.
- Funding and fees for aged care services.
- Managing aged care.
- Handling problems. How the Aged Care Commission and Department of Health, Disability and Ageing will work together to ensure services are safe and fair.
- Managing information and the rules regarding the management of private and confidential information.
- Other changes to improve aged care such as when government can make new rules.
The team at Peninsula are available to offer you expert advice on the New Aged Care Act.
The information in this blog is general in nature only. It is not legal advice and should not be used as such or relied upon as a substitute for professional legal services advice. Readers must seek their own independent legal advice as it relates to their personal circumstances.