The New Aged Care Act: What’s Changing?
The New Aged Care Bill 2024, introduced by the Australian Government, was passed on 25th November last year. Set to take effect from the 1st of July 2025, as the New Aged Care Act 2024, this legislation will align with the new Support at Home Program and aims to put the rights and needs of people accessing the services of the aged care system at the forefront through its rights-based framework. (Source: Aged Care Quality & Safety Commission)
Who will be affected?
All parties connected to the aged care system will be affected. This includes older people and their families, aged care providers and workers, as well as labour hire providers or other suppliers to the industry.
What’s changing?
The New Aged Care Act 2024 will replace the existing legislation governing aged care, including the Aged Care Act 1997, the Aged Care (Transitional Provisions) Act 1997, and the Aged Care Quality and Safety Commission Act 2018.
What should you know as a provider to the aged care industry?
The new act will introduce several regulatory changes. For labour hire providers to the aged care industry, the most relevant change is the revised screening requirements:
Ensure all workers meet the revised screening requirements.
The act will introduce a new Aged Care Worker Screening Check for risk-assessed roles. It will be similar to the current NDIS worker screening checks. This new screening process is set to start in 2026.
What are risk-assessed roles?
These will include individuals in responsible positions like directors or board members, individuals directly involved in providing aged care services, and individuals more likely to have more than incidental contact with people obtaining aged care services as a normal part of their job.
What will be required of individuals in the above roles?
Under the new act, individuals in the above-mentioned roles will be required to have one of the following in order to continue their duties.
- An Aged Care Worker Screening check
- NDIS Worker Screening check
- AHPRA registration
Other changes to be aware of for aged care providers include:
Comply with the Statement of Rights.
Ensure compliance with the Code of Conduct Aged Care.
Obtain registration with the Aged Care Quality and Safety Commission (ACQSC)
Ensure compliance with the new financial and prudential standards.
Ensure compliance with the new statutory duties.
National Aboriginal and Torres Strait Islander Flexible Aged Care Program (NATSIFAC) and Commonwealth Home Support Programme (CHSP) providers will also fall under the new act and will be required to register with the ACQSC.
Source: Australian Government Department of Health and Aged Care, Aged Care Quality & Safety Commission
What has changed for aged care workers?
The new act will also have an impact on aged care workers as well. Key changes include:
Workers must ensure that they have the necessary skills, credentials, and experience to perform their duties in order to comply with the Statement of Rights.
Comply with the Aged Care Code of Conduct
Comply with the revised screening requirements for workers in aged care.
The Statement of Principles will require the aged care system to enable workers for continuous improvement and deliver high quality of care.
Workers will receive improved protections through expanded whistle-blower protections.
Source: Australian Government Department of Health and Aged Care, Aged Care Quality & Safety Commission
Feel free to get in touch with us for any questions you might have.