Overview
Chapter 3 outlines the processes and obligations for organisations or people working in aged care. This includes:
- the registration process and conditions for aged care providers
- the obligations of providers and people working in aged care
- the statutory duties of providers and responsible persons
- information for aged care digital platform providers, including duties and obligations.
Delivering aged care services
The Aged Care Act 2024 (the Act) creates an aged care system that is better regulated and more transparent. The new model focuses on stronger working relationships, transparency and accountability for those involved in the delivery of aged care.
The Act and the Aged Care Rules 2025 (the Rules) include obligations, conditions and duties. These set out what the different people involved in delivering funded aged care services must do:
- Obligations are requirements that providers, responsible persons, aged care workers and digital platform operators must meet.
- Conditions of registration are requirements that only apply to providers. Providers need to meet these to be registered.
- Statutory duties apply to providers and responsible persons of providers. There is a pathway for compensation in certain circumstances for injury or illness if a provider doesn’t carry out their duty.
Provider obligations connect the delivery of services to the Statement of Rights and Statement of Principles. Providers must demonstrate they understand the rights of the individual and that the safety, health, wellbeing and quality of life of older persons is the primary consideration.
If providers don’t meet their obligations, they can face regulatory action. Regulatory powers are explained in Chapter 6 of the Act.
The Aged Care Quality and Safety Commission (the Commission) has more information and resources for providers about their obligations, conditions and duties.
Disclaimer
This publication is not legal advice and must not be used or relied upon as a substitute for legal advice. Users must seek their own independent legal advice in relation to their particular circumstances.