The Aged Care Act

The Aged Care Act 2024 was passed on 25 November 2024 and will come into effect on 1 November 2025. [1]

The Act:

• outlines the rights of older people who are seeking and accessing aged care services
• creates a single-entry point, with clear eligibility requirements
• includes a fair, culturally safe single assessment framework
• supports the delivery of aged care services
• establishes new system oversight and accountability arrangements
• increases provider accountability through a new regulatory model
• strengthens the aged care regulator.

The new Act aims to address various issues faced by older people, aged care providers, workers, and the broader sector. [1] The key changes include:

• the rights and needs of older people as the centre of the aged care system
• a single point of entry with clear eligibility requirements
• improved service delivery across all settings
• a new regulatory framework with increased provider accountability and strengthened aged care regulator.

These reforms are designed to ensure that older Australians receive high-quality, fair, and sustainable aged care services. The Aged Care Quality and Safety Commission has a fact sheet (568kb pdf) that identifies key resources for aged care workers.

Statement of Rights

The Aged Care Act 2024 includes a Statement of Rights [2] which includes the right of older people to:

• independence, autonomy, empowerment and freedom of choice
• equitable access
• quality and safe funded aged care services
• respect for privacy and information
• person-centred communication and ability to raise issues without reprisal
•  advocates, significant persons and social connections.

This includes the right to palliative care and end-of-life care when required. This right is reflected in the Strengthened Aged Care Quality Standards and specifically in Outcome 5.7 – Palliative and end-of-life care. [3]

Provider Requirements

As part of the Aged Care Act, a new provider registration system is in place. All providers delivering Australian Government-funded aged care services need to be registered through the Aged Care Quality and Safety Commission (ACQSC). The categories are:

• Category 1: Home and community services
• Category 2: Assistive technology and home modifications
• Category 3: Advisory and support services
• Category 4: Personal and care support in the home or community
• Category 5: Nursing and transition care
• Category 6: Residential care. [4]

There are different registration conditions applied based on registration category. Providers registered in Category 1-3 do not need to comply with the Strengthened Aged Care Quality Standards. More details on provider requirements for Category 4 and 5, which are relevant to delivery of care in the person’s home, are available in the ELDAC Home Care Toolkit’s Strengthened Aged Care Quality Standards section. [4]