The Aged Care Act
Aged Care Act 1997
The Aged Care Act 1997 [1] is the main law that currently covers Government-funded aged care. This includes funding, regulation, approval of providers, subsidies and fees, standards, quality of care, rights of people receiving care and non-compliance. The Act and delegated legislation – Aged Care Principles and Determinations provide the regulatory framework for Australian Government -funded aged care providers. This Act is in place until 1st November 2025 when it will be replaced by the Aged Care Act 2024.
Aged Care Act 2024
The Aged Care Act 2024 was passed on 25 November 2024 and will come into effect on 1 November 2025 [2].
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 [2]. 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.
Statement of Rights
The Aged Care Act 2024 includes a Statement of Rights [3] 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 [4] which will come into effect with the Aged Care Act 2024 on 1st November 2025, in particular Outcome 5.7 – Palliative and end-of-life care.