Designing a new approach to regulating aged care

We’re working with older Australians, their families and carers, providers, and the aged care sector to develop a new approach to regulating aged care. This new approach will deliver the reforms identified by the Royal Commission into Aged Care Quality and Safety.

Get involved

We invite you to visit the Aged Care Engagement Hub and register to be notified of upcoming opportunities to share your views on aged care reforms

Watch previous webinars

You can watch previous webinars about the background of the new model on our site or on YouTube.

Background

Following the Royal Commission into Aged Care Quality and Safety the Australian Government is developing new ways to regulate aged care.

Why we need a new approach

Our aged care system needs to be properly supported by rules to ensure aged care services are high quality and safe.

Current rules make it hard to make the changes the royal commission recommended. The new rules and model will support the changes to age care we need.

Our aims

We want to help the aged care sector not just meet the rules, but continually improve the services they provide.

The new approach will create a culture that encourages continuous improvement in the delivery of high quality and safe care for older Australians. The new approach will be:

  • rights based
  • people centred
  • risk proportionate
  • informed by best practice.

Key features

The new approach will:

  • apply regulation to care and services based on how much risk they involve
  • address the diverse, growing needs of people who need aged care
  • align with how other kinds of care and support are regulated
  • be clear and easy to understand, so it can be applied effectively
  • support other reforms.

Some key elements of the new model include:

Topic

Description

Registration and obligations

The entry requirements placed on providers when entering the aged care system and the ongoing obligations and responsibilities associated with registration.

Monitoring

The oversight of market practices to identify or anticipate risks that adversely impact older Australians. These oversight activities can include monitoring the provision of services, observing for market failure and identifying financial and prudential risks.

Compliance

The demonstration or assessment of a provider’s adherence to the responsibilities and obligations established in the conditions of registration.

Enforcement

The proportionate and effective use of powers or action taken in response to breaches or non-compliance with the Aged Care Act. Enforcement powers range in the magnitude and responses will be proportionate to the breach of responsibility. Where appropriate, enforcement actions may also involve the referral of civil and criminal penalties.

Information sharing

Processes that allow a ’tell us once, use multiple times‘ approach to information and data collection. This includes market trends, provider information and regulatory intelligence. These processes aim to reduce administrative burdens and inefficient practices, while also safeguarding privacy rights.

Provider reporting

The aspect of information sharing where providers show compliance with obligations and responsibilities of their registration.

Transition

The planning, processes and approach to help older Australians, the aged care sector and the regulator move from the current to the future model.

Consultation stages

We are taking a staged approach to the design and consultation process.

Stage 1 – complete

We released a concept paper titled Concepts for a new framework for regulating aged care on 8 February 2022.

Stage 2 – complete 

We published the Consultation Paper No.1: A new model for regulating Aged Care outlining a high-level overview of the new model. Visit the Consultation Hub to view document.

Stage 3 – early 2023

We are analysing and incorporating stakeholder feedback received in Stage 2 to inform the new approach for regulating for aged care.

We will release a second consultation paper in early 2023 to seek stakeholder feedback on the proposed approach.

To sign up for engagement activities, visit the Aged Care Engagement Hub.

How we will consult with you

In stage 3 we will seek feedback on the new proposed approach to regulating aged care from:

  • older Australians, their families and carers
  • aged care service providers
  • the broader aged care sector.

Your input will help us to design how the model operates and how we put it into action.

Other reform

We are also working on other reforms at the same time to ensure the new approach supports other aspects of aged care. These include:

Regulatory Strategy

Please contact us for information about the new aged care regulatory model.
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