About aged care regulation and oversight
Governments protect the health and safety of the community through regulation.
In aged care, regulation aims to:
- protect older people from harm
- promote positive health and wellbeing outcomes
- ensure aged care providers deliver safe and high quality care to older people.
Regulation and oversight responsibilities for the aged care system in Australia are split across different agencies.
Regulation of the new Aged Care Act
Aged Care Quality and Safety Commission
The Aged Care Quality and Safety Commission (ACQSC) is the national regulator of funded aged care services.
Under the new Act, it will be responsible for:
- protecting and enhancing the safety and wellbeing of people accessing aged care services
- engaging with people accessing aged care services, and their supporters and representatives to develop best-practice models for registered providers and aged care workers
- registering providers to deliver aged care services
- monitoring and assessing providers’ compliance with the Code of Conduct for Aged Care, the Aged Care Quality Standards and other obligations
- administering the Serious Incident Response Scheme
- resolving complaints about services
- reporting frequently on complaints received and handled by the Commissioner
- reducing the use of restrictive practices.
The Statement of Expectations to the Aged Care Quality and Safety Commission 2024–25 sets out the role and responsibility for the Commission in preparing the sector for the new Aged Care Act.
Complaints Commissioner
The Royal Commission into Aged Care Quality and Safety recommended that the Complaints Commissioner be established as a separate statutory appointment within the ACQSC.
Under the new Act, the Complaints Commissioner will be appointed by the Minister and located within the ACQSC.
The Complaints Commissioner will hold a number of complaints functions and will be assisted by the staff of the Commission.
The ACQSC Commissioner will not hold these complaints functions.
Having an independent Complaints Commissioner within the ACQSC promotes the independence, transparency, and accountability of complaints handling by the ACQSC.
Read more about how to raise a concern or to make a complaint.
New regulatory model
We are developing a new modern and fit-for-purpose regulatory model under the new Aged Care Act, which will also support other reforms.
Under the new model, regulation will:
- be more proportionate to risk
- support continuous improvement in the sector.
The new model will be:
- rights based
- person centred
- risk proportionate
- focused on continuous improvement.
Read more about developing a new model for regulating aged care.
Oversight of the aged care system
Department of Health and Aged Care
Our Secretary will be the aged care System Governor.
The System Governor and the department will be responsible for the operations and oversight of the aged care system.
Under the new Act the System Governor will be responsible for:
- facilitating equitable access to funded aged care services for older people
- supporting the continuity of funded aged care services
- providing stewardship of the aged care system
- protecting and upholding the integrity of the aged care system
- monitoring and encouraging the training and development of aged care workers
- reviewing the Australian Government’s administration of the aged care system.
We will also play an important role in actively managing the aged care system to ensure component parts work together effectively, including new nominee arrangements.
Inspector-General of Aged Care
The Office of the Inspector-General of Aged Care is an independent statutory agency led by the Inspector-General.
The Inspector-General and the Office were established in October 2023 in response to a Royal Commission recommendation.
The Office and Inspector-General oversee the administration, regulation and funding of the aged care system by the:
- Department of Health and Aged Care
- ACQSC
- Independent Health and Aged Care Pricing Authority
- other services or bodies in the aged care system regulated or funded by the Australian Government.