Whether you work in the sector, have a loved one who requires care or are receiving care yourself, the new Aged Care Act will impact us all so it pays to be informed.
Background
The existing Aged Care Act is a provider-centred model that is structured around how service providers receive and administer funding. The Royal Commission into Aged Care Quality and Safety concluded that it was no longer fit for purpose and recommended the development of a new Act that would focus on the needs and rights of older people.
In response, the Australian Parliament passed the Aged Care Bill 2024 in November last year. It will come into effect this coming July. Enshrining the rights of older people in legislation was a historic moment, and there are key areas of change you should be aware of.
A rights based focus
The new Act introduces a Statement of Rights, outlining 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 concerns without fear of reprisal. Aged care service providers will have a positive duty to understand and deliver services aligned with the Statement of Rights.
The Statement of Rights replaces the Charter of Aged Care Rights, a requirement of the old Act.
New quality standards
Strengthened Aged Care Quality Standards will be introduced. These standards define what constitutes good care and provide clarity on what older people can expect from aged care service providers and workers. Under the strengthened standards, providers must actively involve older people in the planning and management of their care to ensure it is safe, high-quality, and tailored to their needs.
Protections for whistleblowers
The new Act enhances protections for older people, families, representatives, and aged care workers who report individuals or organisations that have violated aged care law without fear of punishment or unfair treatment.
Safeguards around decision-making
The new Act incorporates supported decision-making into the legislation to ensure individuals have control and choice over their lives and care. Older people can register one or more individuals of their choice to assist them in decision-making. These ‘supporters’ have a clear responsibility to help the older person make their own decisions, promote their well-being, and act in accordance with the wishes of the person they are supporting.
Independent complaints process
An independent Complaints Commissioner, appointed by the Minister for Aged Care, will ensure the independence, transparency, and accountability of complaints handling by the Aged Care Quality and Safety Commission. An independent complaints process will enhance the management of aged care complaints and restore the trust of older people that their complaints will be taken seriously and resolved promptly.
New funding model
Means-tested co-contributions for non-clinical care for older people will be introduced. New hardship measures will be implemented for individuals with limited financial resources.
‘No worse off’ arrangements will ensure that older people who were in the aged care system before September 12, 2024, when the Bill was introduced in Parliament, will not experience any financial disadvantage due to these changes.
Consolidation of current in-home aged care programs
Support at Home will replace Home Care Packages and the Short-Term Restorative Care Programme. The Commonwealth Home Support Programme will transition from July 2027.
Seniors Rights Service, as a member of the Older Persons Advocacy Network, is committed to ensuring older people have a voice in the implementation of the Act.
About the Aged Care Act 2024 plain language fact sheet
This plain language fact sheet gives a summary of each chapter of the Aged Care Act.
