The Aged Care Act 2024 (the Act) is the main law that sets out how the Australian Government-funded aged care system works.
The Act makes sure that people who access funded aged care services are treated with respect and dignity and have the quality of life they deserve.
Purpose of the Act
The Act creates a person-centred aged care system to make sure older people get the best care possible. There are some key themes that support and promote this person-centred system.
- Rights: The Act uses a rights-based approach to aged care and includes a Statement of Rights. This explains the rights that older people are entitled to when accessing, or seeking to access, funded aged care services. It engages several human rights, in line with international standards.
- Active lives: The Act promotes older people living active, meaningful lives the way they choose.
- Equitable access: The Act makes sure everyone has fair access to funded aged care services.
- Choice: The Act allows older people choice in who delivers their services and how.
- Protection: The Act protects older people from abuse, neglect and unsafe care.
- Education and advocacy: The Act supports helping older people, and their registered supporters, family, friends and advocates, understand their rights and make informed decisions.
- Innovation: The Act supports change and ongoing improvement in aged care.
Background to the Act
Recommendation 1 of the Royal Commission into Aged Care Quality and Safety (the Royal Commission) was that the Australian Government develop a completely new Aged Care Act.
The department asked for feedback from older people, their representative groups and other stakeholders to design the new law. It was important that people had a say to make sure the new Act would address current issues in aged care. Parliament passed the Act in November 2024.
The Act responds to about 60 of the 148 recommendations of the Royal Commission. Parts of the Act that address these recommendations include:
- the Statement of Rights for older people and the Statement of Principles to guide decision-makers and people administering the Act
- how aged care services are funded, including the new Support at Home program
- creating person-centred subsidies, with different rules for means testing and co‑contributions for services
- the process for providers to register and greater obligations for providers
- improved Aged Care Quality Standards, which outline what quality and safe aged care services look like
- stronger powers for the Aged Care Quality and Safety Commission and the Department of Health, Disability and Ageing.
Rights in practice
The Act engages several international human rights standards, such as the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention on the Rights of Persons with Disabilities (CRPD). The Explanatory Memorandum has a Statement of Compatibility that shows how the Act engages these standards. Here are some examples of human rights and how the Act supports these in real life:
- Right to health - article 12(2) of the ICESCR and article 25 of the CRPD: The Act supports the right to health by providing a system of funded aged care services. This means older people can find and use services that promote and protect their physical and mental health and wellbeing.
- Protection from exploitation - article 16(1) of the CRPD: The Act sets out that older people have the right to be free from violence, exploitation and neglect. Under the Act, providers must deliver safe and quality services and have clear processes for responding to serious incidents. There is also a stronger regulatory framework that is managed by the Aged Care Quality and Safety Commission, including a Complaints Commissioner that older people can contact.
- Social security - article 9 of the ICESCR and article 28(2) of the CRPD: The Act supports the social security of older people by providing a system of funded aged care services. Subsidies are based on each person’s needs and what they can afford to pay. This makes sure older people can get access to things like essential health care, personal care, and housing within their financial means.
Disclaimer
This publication is not legal advice and must not to 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.