New Aged Care Act functions and the role of the Department of Health, Disability and Ageing

Hi I'm Rob Day from the Department of Health and Aged Care.

In the next few minutes, I'd like to talk to you about additional roles and functions which will come into effect when the new Age Care Act starts.

These include the role of the Aged Care Quality and Safety Commission as Regulator, including the independent Complaints Commissioner, and the role of the Department of Health and Aged Care as System Governor.

I'm also going to talk about new protections for whistleblowers. These functions will provide stronger oversight of the aged care system.

The Commission, as the aged care regulator, will have additional regulatory powers. From 1st November 2025 all aged care providers, including grant funded providers, will be regulated by the Commission.

The Commission will assess and register all aged care providers and have strengthened powers to monitor and review provider compliance with their relevant obligations. The Commission will regulate providers using a risk proportionate approach appropriate to the types of services being delivered. This approach is designed so providers can focus on their core business of providing safe and quality care to improve the quality of life for older people.

Additionally, under the new Act, a Complaints Commissioner will be appointed by the minister to oversee aged care complaints and resolution, and will operate independently from the Commission to promote transparency and accountability of complaints management.

The Complaints Commissioner can help if concerns are raised around providers’ responsibilities in many areas, including health care, personal care assistance, communication, staff roles, living environment, fees and charges, and choices and preferences.

The Secretary of the Department will be designated as the Aged Care System Governor, who will have responsibility for operation and oversight of the aged care system, making sure its component parts work together to deliver outcomes for older people.

Part of the System Governor’s role will be contributing towards continuous improvement of the new regulatory model and overseeing the impact and outcomes of its implementation.

We are developing internal management tools to help us track the efficiency and success of the new regulatory model against relevant reform objectives and established outcomes. This focus on continuous improvement means aged care services remain relevant and effective.

Finally, I'd like to note that the new act will do more to protect whistleblowers - people who call out issues they may see in aged care. This is to ensure that older people, their carers and families, and aged care workers can report information or activities they observe without fear of punishment.

An older person, family member or aged care worker can make an anonymous report over the phone, in person or in writing about someone or an organisation that has not followed the age care law, while having your identity protected. Ultimately, improved processes for complaints and whistleblowers means impactful resolution, which benefits everyone in the sector.

Thank you again for all you are doing in preparation for the new regulatory model. For more information, please see the details on the screen.