From 1 November 2025, Australia will have a brand-new aged care law: the Aged Care Act 2024. This new law replaces the old Aged Care Act 1997 which has been in place for almost 30 years, as well as the Aged Care (Transitional Provisions) Act 1997, and the Aged Care Quality and Safety Commission Act 2018. Heralded as a once-in-a-generation reform, the industry’s poised to witness a transformative shake-up in how elderly care is designed, delivered, and regulated.
The change is aimed at making aged care simpler, safer, and more focused on the rights of older people. Here we explore what the new law means, and what to expect both now and in the future.
Why Reform Was Urgently Needed
The change is a result of the Royal Commission into Aged Care Quality and Safety, which concluded in early 2021, highlighting shortcomings in Australia’s aged care system. Among its 148 recommendations was a call for a new legislative framework to shift aged care from a provider-focused model, to one that prioritises the rights and dignity of older people.
Responding to the commission, the Aged Care Bill 2024 was introduced to Parliament in September 2024 and passed in November 2024.
Implementation
The new Act is designed to enhance how aged care services are delivered to older people, whether in:
- their own homes
- community settings
- approved residential aged care homes.
What’s changing under the new Aged Care Act?
The core of the reform is a ‘rights-based’ framework that positions older people at its centre, embodied in a Statement of Rights and underpinned by stronger regulatory safeguards.
Here are the main changes you’ll notice:
1. A Statement of Rights
Older people using aged care will have clear rights set out in law. These include:
- The right to make decisions about your own care
- The right to be treated with dignity and respect
- The right to feel safe and secure
- The right to have your culture, identity, and diversity respected
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2. Easier entry into aged care
There will be one national system for assessments and referrals via the Single Assessment System. This means:
- Fewer forms and less confusion about which program you qualify for.
- A single point of entry whether you need care at home, in the community, or in a residential facility.
- Earlier eligibility for some groups, such as Aboriginal and Torres Strait Islander people (from age 50) and people who are homeless or at risk of homelessness.
3. Stronger regulation of providers
Aged care providers will have to register under new rules and meet stronger quality standards. The Aged Care Quality and Safety Commission will have more powers to monitor services and take action if standards aren’t met.
4. More transparency
Providers will need to publish more information about their services, prices, and performance. This will make it easier for older people and families to compare options and make informed choices.
5. Supported decision-making
If you need help making decisions, you will be able to appoint a trusted person to support you. This is about ensuring your wishes are respected, rather than decisions being made on your behalf without your input.
6. Complaints and protections
It will be easier to make a complaint if something goes wrong. Whistleblowers, including staff, will also have stronger protections if they raise concerns about unsafe or poor-quality care.
What does this mean for you?
If you’re an older Australian, a carer, or a family member, here’s what you need to know:
- Current services continue: If you’re already receiving aged care (like a Home Care Package or residential care), your services won’t stop. They’ll gradually move over to the new system.
- You may be asked for updated information: As providers shift to the new rules, you might be asked to confirm your details, your care plan, or your preferences.
- You’ll have new rights: From 1 November, your rights in aged care will be protected by law. You should be informed of these rights by your provider.
- Accessing aged care will be simpler: If you’re applying for support, the new single assessment system will apply.
Will my services or fees change?
- If you were approved for a Home Care Package (HCP) on or before 12 September 2024, the ‘no worse off principle’ ensures you will pay the same or less under the new Support at Home program compared with your current HCP.
- If you are living in permanent residential care on 31 October 2025, your fees will stay the same from 1 November 2025, unless you choose to move to the new arrangements.
- Older people assessed as eligible for a HCP before the new Act begins will receive Support at Home funding equal to their assessed HCP level.
The Home Care Packages (HCP) program will remain in place until 31 October 2025. From 1 November 2025, the new Aged Care Act will take effect, introducing the Support at Home program. This means that until the new act comes into play, home care packages will continue to be released every week. The introduction of Support at Home will enable more people to receive care through a targeted program, reducing wait times.
People assessed as high priority and needing urgent home care will continue to receive their Home Care Package within one month. This classification will be determined by independent assessors.
With the Single Assessment System, will there be any changes to how assessments are conducted?
- Assessments will still be carried out face-to-face, either in your home or in hospital if necessary. The process is flexible, so updates to your care needs won’t require switching to a different assessor.
- You will continue to work with the same assessment provider, even if your needs evolve:
- For a full clinical assessment, the assessor can shift to a home support assessment if that becomes more suitable.
- For a home support assessment conducted by a non-clinical assessor, they can consult a clinical assessor via phone or video for questions that need professional judgment. If the clinical assessor is unavailable immediately, they will arrange a follow-up to address the remaining questions
Will reassessments change?
Aged care needs assessments
Reassessments and Support Plan Reviews work the same way. If your needs change, you, a family member, or your aged care provider should contact My Aged Care.
- Your first reassessment may be with a different organisation, but future reassessments will use the same assessor.
- Assessors can also self-refer for Support Plan Reviews, helping you stay with the same organisation.
Residential aged care funding assessments
The process hasn’t changed. Usually, your care provider will request a reassessment to update your AN-ACC classification, but you or your family can also request one via My Aged Care.
- These assessments use an automated referral system, so you may not get the same assessor each time.
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