Aged Care Bill 2024: Amendments and key sector changes that got it passed

After Labor's historic aged care Bill was passed in the Senate last week, the Lower House was quick to add it's stamp of approval on Monday, officially enshrining the rights-based legislation into law.

The Act finally addresses the number one recommendation made by the Royal Commission into Aged Care Quality and Safety; that the Aged Care Act 1997 should be replaced, as well as approximately 60 others.

Minister for Aged Care Anika Wells said that Albanese government has kept their word in delivering the landmark reform before the end of the year.
 
“The new Aged Care Act is the final piece of the puzzle to create a better way of caring for older people both today and into the future,” she said.
  
“This process has been testament to our government’s unrelenting commitment to make positive, lasting change for older people who have spent their lives contributing to Australia.
 
“Now that we have followed through on our commitment to deliver a new Aged Care Act, it’s incumbent on all of us to live up to this promise and deliver meaningful change across aged care.
 
“We have established the Transition Taskforce to work with the sector in preparation for July 1 so we can all make the necessary changes to deliver better aged care.”

Amendments to the Bill:

A number of amendments were made to the Bill during last week's Parliamentary sitting, following a thorough inquiry by the Senate's Community Affairs Legislation Committee.

The total number of amendments included 90 government, five Coalition and four from independent Senator David Pocock an included:

• New Statement of Rights, levelling power between providers and consumers
• Broadened powers for the Aged Care Quality and Safety Commission (ACQSC)
• Introduction of a 'graduated' assessment of new Quality Standards
• Caps on gardening and cleaning services under the Support at Home Program have been removed
• Increased financial hardship protections
• Aged care residents will have guaranteed access to a designated person of their choice
• The introduction of an independent Complaints Commissioner
• Mandated regular application wait time reports
• Providers will no longer be able to charge prospective residents more to secure a bed
• More resources available to support aged care and allied health workers to become sole traders.

Key changes for aged care providers and staff:

• New legislation will bring a revised set of provider obligations
• The Statement of Rights must guide all actions by providers
• Providers will be required to register with and will be regulated by the ACQSC, including those who deliver NATSIFAC and CHSP services
• New compliance requirements for providers to meet the financial and prudential standards.
• New staff screening requirements
• New statutory duties for providers
• Consumers will have the right to services delivered by aged care workers with appropriate qualifications, employed by registered providers.
• More governments supports for workers to:
  • "Be empowered to support innovation, continuous improvement and the delivery of high-quality care"
  • "Participate in governance and accountability mechanisms"
• Expanded whistleblower protections.

The new Aged Care Act will come into force on 1 July 2025. For more information on how you can contribute to future public consultation, visit the Department of Health and Aged Care website here.