On 1 November 2025, the Aged Care Act 2024 came into effect, governing the provision of aged care services throughout Australia. The Act has been introduced in response to the 2021 Royal Commission into aged care and aims to improve services to older persons, not just in aged care settings but also in their home and community settings.
The Royal Commission recognised that the current aged care legislation is focused on aged care providers, rather than those who need to access aged care services. The Act outlines the rights of people who are accessing aged care services and creates clear eligibility requirements that must be met to access services. It includes a statement of rights and principles which aims to ensure the safe care of individuals utilising aged care services. The Act also aims to increase protections to ensure that residents maintain their autonomy and dignity.
At the forefront of the Aged Care Act reform is an emphasis to ensure that people have control over their life and are supported in their decision making. Under the Act, there is a presumption that people have the ability to make their own decisions. It also places an emphasis on supported decision-making and the need to provide support to older people to help them communicate and make their own decisions surrounding their care and services.
Other changes under the Act include a new complaints mechanism through aged care providers and the Aged Care Quality and Safety Commission, together with a new compensation avenue where serious injury or illness occurs as a result from a breach by a provider. It also places expanded obligations on aged care providers and workers, including clear registration conditions and obligations to demonstrate a commitment to continuous improvement of care.
If you have questions regarding the Aged Care Act reforms and how this may impact you we welcome you to contact our office to make an appointment with one of our commercial solicitors.
This article is general information only and is not legal advice or a substitution for such advice. Always seek professional advice suited to your own circumstances.
Article prepared and written by:
Emily Ranner (Senior Lawyer)
