Permanent First Nations Aged Care Commissioner legislated

The Albanese government will appoint a new commissioner to advocate for Indigenous older people as part of a list of commitments that would change aged care for First Nations Australians.

Its formal response to the Interim First Nations Aged Care Commissioner’s landmark report, Transforming Aged Care for Aboriginal and Torres Strait Islander People, committed to a broad program of reform designed in partnership with First Nations communities and anchored in culturally safe, trauma‑aware care.

A key element of the government’s response is the introduction of legislation to establish Australia’s first permanent Aboriginal and Torres Strait Islander Aged Care Commissioner, which would be an independent statutory role within the Aged Care Quality and Safety Commission.

The commissioner will act as an advocate for older First Nations people and be directly connected to the regulatory levers that shape quality, capability and accountability across aged care.

Older Aboriginal and Torres Strait Islander people are more likely to need aged care, and often earlier in life, yet they use services at lower rates than other Australians. Closing this gap would be a central focus of the commissioner.

It would also be in charge of:

• Clarifying obligations for providers to refund overcharged fees
• Giving the regulator stronger powers to determine and set fair prices
• Adjusting the definition of ‘responsible persons’ so elected local councillors are no longer captured
• Confirming consistent treatment of refundable accommodation deposits in the aged care means test
• Introducing technical amendments to ensure the Aged Care Act continues to operate as intended.

The response follows extensive national consultations led by the first Interim Commissioner Andrea Kelly, who met more than 1,000 Elders, families, carers and providers across 135 engagements.

The Albanese government also committed to Aboriginal Community Controlled Organisations; expanding the First Nations aged care workforce; and co‑designing care models that reflect cultural identity, connection to Country and the lived experiences of older Aboriginal and Torres Strait Islander people.

Aged Care Minister Sam Rae said the response is about listening and acting on what communities have said they need as they age.

“Aboriginal and Torres Strait Islander communities told the Interim Commissioner what they need. We listened, and we’re responding,” he said.

“The best solutions are designed with communities, not handed down to them.”

This work is being guided by the Aboriginal and Torres Strait Islander Aged Care Framework 2025–2035, developed with the sector and described as a “living framework” that will evolve as new priorities emerge.

“This is a landmark moment,” the minister said.

“For the first time, older Aboriginal and Torres Strait Islander people will have a permanent, independent advocate inside the aged care system. That’s how it should be.”