New rights-based Aged Care Act

Updated as of: 20 February 2025

The Australian Parliament passed the Aged Care Bill 2024 on 25 November 2024. It will commence on 1 July 2025. OPAN has identified 7 key areas of change, summarised below. There are additional details to be worked through in the form of subordinate legislation (or Rules). You can find information further down on how you can have your say on the Rules.

We will continue to update this dedicated new Aged Care Act webpage as new information becomes available. You will also find handy links to resources and fact sheets to help you better navigate and understand the upcoming changes. 

Enshrining the rights of older people in legislation was a historic moment for older people, but the reform process has only just begun. OPAN is committed to ensuring older people have a voice in the implementation of the Act.  

Why does Australia need a new Aged Care Act?  

The current Aged Care Act is a provider-centred model structured around how aged care service providers receive and administer funding. The Royal Commission into Aged Care Quality and Safety said it was no longer fit for purpose and recommended a new Act focused on older people and their rights. 

7 key changes for older people, families and other representatives 

1. A rights-based focus 

The new Act introduces a Statement of Rights*, which outlines the rights of older people when seeking or accessing government-funded aged care services. It includes rights like independence and autonomy, respect for privacy, safe and quality care, and the right to raise issues without fear of reprisal. Aged care service providers will have a positive duty to understand and deliver services to older people in line with the Statement of Rights.  

*The Statement of Rights replaces the Charter of Aged Care Rights, which was a requirement of the old Act.  

2. Enhanced quality standards 

Strengthened Aged Care Quality Standards will be introduced with the commencement of the new Act from 1 July 2025. Aged Care Quality Standards are a set of requirements that define what good care looks like. The strengthened standards will make it clear what older people can expect from aged care service providers and workers. Under the strengthened standards, providers must actively include older people in the planning and management of their care to ensure care is safe, high-quality and tailored to the needs of the older person. 

3. Greater protections when you speak up 

The new Act increases protections for whistleblowers – people who call out issues. Older people, families, representatives, and aged care workers can report a person or organisation who has not followed aged care law without fear that they will be punished or treated unfairly. 

4. Safeguards around decision-making 

The new Act embeds supported decision-making into the legislation to ensure people have control and choice over their own life and care. Older people can register one or more people of their choice to assist them in their decision-making under the new Act. These ‘supporters’ have a clear responsibility to help the older person make their own decisions, promote their wellbeing, and act in accordance with the wishes of the person they are supporting.  

5. An independent complaints process 

An independent Complaints Commissioner, appointed by the Minister for Aged Care, will promote the independence, transparency, and accountability of complaints handling by the Aged Care Quality and Safety Commission. An independent complaints process will help to improve the operation of aged care complaints and rebuild the trust of older people that their complaints will be taken seriously and will be resolved in a timely manner. View the OPAN webinar on understanding complaints. 

6. A new funding model 

Older people will be required to make means-tested co-contributions for their non-clinical care under the new Act. There will be new hardship measures for older people with limited means. Read more about the financial changes to home care and residential aged care. 

The government is applying ‘no worse off’ arrangements so older people who were in the aged care system prior to 12 September 2024, when the Bill was tabled in Parliament, will not be financially disadvantaged because of the changes.

7. A new Support at Home program

The Support at Home program will bring together current in-home aged care programs. Support at Home will replace Home Care Packages and the Short-Term Restorative Care Programme from 1 July 2025. The Commonwealth Home Support Programme will transition no earlier than 1 July 2027. Support at Home will provide a simpler and more equitable system for older people that need help to stay at home. Read more about the changes to home care.

What does this mean for you?  

The new Act is not due to commence until 1 July 2025 so aged care service providers should not be implementing any changes relating to services or co-contributions until this date.