The Aged Care Bill 2024 (Act) passed in the federal Parliament on 25 November 2024 and will come into effect on 1 July 2025.
The Act replaces the Aged Care Act 1997 (Cth) and the Aged Care Quality and Safety Commission Act 2018 (Cth), and brings together the funding and regulatory arrangements for multiple existing and new aged care programs including:
residential care;
the Commonwealth Home Support Programme;
the National Aboriginal and Torres Strait Islander Flexible Aged Care;
the Multi-purpose Services (MPS) Program;
the Transition Care Program (TCP); and
the new Support at Home program.
Some key changes for aged care providers introduced by the Bill are:
Providers will have to ensure their actions are guided by the Statement of Rights.
Providers will have to register with the Aged Care Quality and Safety Commission (with transitional arrangements in place for existing providers) and have any residential care homes approved.
Providers who deliver NATSIFAC and CHSP services will be registered under the new Act and regulated by the ACQSC.
The new Act will provide a revised set of provider obligations, including conditions on registration.
Strengthened Aged Care Quality Standards will apply to some categories of providers.
Providers will have to comply with new financial and prudential standards.
Providers will have to ensure their workforce meets revised worker screening requirements.
Providers will be subject to new statutory duties.
Some of the final amendments to previous drafts of the Bill include:
An earlier version included criminal penalties for providers who breached standards, but they were scrapped as part of Labor's negotiations with the Coalition. The removal of criminal penalties was prompted by concerns that it would spark an exodus of capable workers from the sector due to fears of punishment.
The earlier version also included strict liability for a breach of the standards but now the onus of proof is on the party prosecuting the breach.
The new Bill sets out arrangements for funding, including aged care participant contributions.
Changes to supporters – provisions overriding tribunal and court guardianship orders removed – now regard must be made of this.
Duties of supporters increased to act in a manner that promotes the will, preferences and personal, cultural and social wellbeing of the individual.
Offence of abuse of position as supporter.
An earlier version included a Quality Care Worker Voice Body but this was not included in the final version.
Some changes to the whistleblowers’ provisions.
The definition of ‘responsible person’:
only applies to responsible persons of registered providers who are not a government entity; and
is extended to personal responsible for the day-to-day operations of an approved residential care home or service delivery branch of the registered provider.
Read a copy of the final Act.