About the Aged Care Act
The Aged Care Bill 2024 was introduced on 12 September and passed Parliament on 25 November 2024. The new Act commences 1 July 2025.
The Aged Care Royal Commission found the current Aged Care Act and its related legislation is no longer fit for purpose. This is because it is structured around providers and how to fund them, rather than around the people accessing services and what they need.
The new rights-based Act will put older people who need aged care at the centre of the system.
This new legislation is the key to improving Australia’s aged care system – providing better quality care, increasing protections for older people. The legislation does not include everything older people and aged care advocates asked for, but critically, older peoples’ rights are enshrined in the Act through a Statement of Rights, which service providers will now have a positive duty to uphold.
Preparing for legislative changes to uphold the rights of older people
The Older Persons Advocacy Network (OPAN) and ADA Law are working to provide education and guidance on the legal and operational implications for the aged care sector regarding:
- Supporting rights education and access to advocacy services
- Upholding the Statement of Rights under high quality care
- Avenues of redress for breaches of Rights
- Supporting older people with decision making
- Approval processes if using restrictive practices as a last resort.
Resources
Department of Health and Aged Care - New Aged Care Act
About the Aged Care Act fact sheet
Aged Care rules consultation
Aged Care quality and safety commission
OPAN - What the new Aged Care Act means for you
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