The implementation of a new rights-based Aged Care Act is a significant change for the aged care sector.
Key changes delivered by the new Act impacts everyone who accesses or delivers aged care services.
Download the Sector Change Plan to understand the activities that we are delivering with the Aged Care Quality and Safety Commission and Services Australia to support older people and the sector to transition to the new Act.
Key changes for older people
- Older people have explicit rights when accessing aged care services and have pathways to ensure they are upheld.
- Older people can register a supporter who must comply with supported decision-making principles.
- People under the age of 65 years can only access Australian Government-funded aged care services if they have care needs and are:
- an Aboriginal or Torres Strait Islander person aged 50 years or over
- homeless or at risk of homelessness and aged 50 years or over
- already living in an aged care home or accessing aged care services.
- Older people approved for permanent residential care are allocated a place (not a provider).
- The Statement of Rights, streamlined obligations and strengthened Aged Care Quality Standards make it clear what older people can expect from providers and aged care workers.
- People accessing services under the National Aboriginal and Torres Strait Islander Flexible Aged Care (NATSIFAC) Program or Commonwealth Home Support Program (CHSP) have the same regulatory protections as other aged care programs.
- New complaints arrangements are facilitating access to restorative outcomes, and older people who make a complaint or raise an issue relating to a providers’ conduct are protected from reprisal action.
- A new compensation pathway is available where a serious injury or illness results from a breach of the registered provider duty.
Key changes for aged care providers
- Providers must ensure their actions are guided by the Statement of Rights and the Statement of Principles.
- Providers must register with the Aged Care Quality and Safety Commission (ACQSC) (with transitional arrangements in place for existing providers) and have any residential care homes approved.
- Providers who deliver NATSIFAC and CHSP services must registered under the new Act and regulated by the ACQSC.
- The new Act provides a revised set of provider obligations, under the new regulatory model, including conditions on registration.
- Strengthened Aged Care Quality Standards apply to some categories of providers.
- Providers must comply with new financial and prudential standards.
- Providers must ensure their workforce meets revised worker screening requirements.
- Providers are subject to new statutory duties.
Key changes for aged care workers
- The Statement of Rights includes a right for individuals to have services delivered by aged care workers of registered providers who have appropriate qualifications, skills and experience.
- The Statement of Principles supports workers to:
- be empowered to support innovation, continuous improvement and the delivery of high-quality care
- participate in governance and accountability mechanisms.
- Workers have increased protections through expanded whistleblower protections.
- Workers must fulfil and comply with revised worker screening arrangements.
Date last updated: