The implementation of a new rights-based Aged Care Act will be a significant change for the aged care sector.
Key changes delivered by the new Act will impact everyone who accesses or delivers aged care services.
Download the Sector Change Plan to understand the activities that we are delivering with the Aged Care Quality and Safety Commission and Services Australia to support older people and the sector to transition to the new Act.
Key changes for older people
- Older people will be aware of their rights and can seek to have them upheld.
- Older people will be able to register a supporter who must comply with supported decision-making principles.
- People under the age of 65 years can only access Australian Government-funded aged care services if they have care needs and are:
- an Aboriginal or Torres Strait Islander person aged 50 years or over
- homeless or at risk of homelessness and aged 50 years or over
- already living in an aged care home or accessing aged care services.
- Older people approved for permanent residential care will be allocated a place (not a provider).
- The Statement of Rights, streamlined obligations and strengthened Aged Care Quality Standards will make it clear what older people can expect from providers and aged care workers.
- People accessing services under the National Aboriginal and Torres Strait Islander Flexible Aged Care (NATSIFAC) Program or Commonwealth Home Support Programme (CHSP) will have the same regulatory protections as other aged care programs.
- New complaints arrangements will facilitate access to restorative outcomes, and older people who make a complaint or raise an issue relating to a providers’ conduct will be protected from reprisal action.
- A new compensation pathway will be available where a serious injury or illness results from a breach of the registered provider duty.
Key changes for aged care providers
- 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 (ACQSC) (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.
Key changes for aged care workers
- The Statement of Rights will include a right for individuals to have services delivered by aged care workers of registered providers who have appropriate qualifications, skills and experience.
- The Statement of Principles will say that the aged care system should support workers to:
- be empowered to support innovation, continuous improvement and the delivery of high-quality care
- participate in governance and accountability mechanisms.
- Workers will have increased protections through the expanded whistleblower protections.
- Workers must fulfil and comply with revised worker screening arrangements.
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