New Aged Care Act

The Australian Government’s New Aged Care Act and Strengthened Aged Care Quality Standards will take effect on Saturday, 1 November 2025.

The Aged Care Act 2024 is a modern legislative framework designed to improve the aged care system in Australia. It replaces the Aged Care Act 1997 and focuses on empowering older people, increasing protections and offering more choice across care and services.

The Aged Care Quality and Safety Commission is the national regulator of aged care services. It ensures that providers meet quality and safety standards, manages complaints and serious incidents, and monitors provider performance and compliance.

The aged care system is currently governed by several key laws, including the Aged Care Act 1997 and the Aged Care Quality and Safety Commission Act 2018. From 1 November 2025, these will be replaced by the new Aged Care Act 2024, which consolidates and strengthens the regulatory framework for aged care in Australia.

The Aged Care Act 1997 has been the primary legislation for government-funded aged care for over two decades. It outlines the structure for aged care funding, provider responsibilities, and consumer rights. It will be repealed when the new Aged Care Act 2024 comes into effect on Saturday, 1  November 2025.

The Aged Care Quality Standards are a set of requirements that define what good care looks like and reflect the quality of care older people should expect.The current eight standards are:

1. Consumer dignity and choice
2. Ongoing assessment and planning
3. Personal and clinical care
4. Services and supports for daily living
5. Organisation’s service environment
6. Feedback and complaints
7. Human resources
8. Organisational governance

The strengthened Standards will come into effect from Saturday, 1 November 2025.  They place greater emphasis on rights, safety, inclusion, and transparency. These revised standards aim to better align services with the expectations and needs of older people and the broader community. The strengthened Standards are aligned with the way we already work at Opal HealthCare.

The new Act includes a Statement of Rights outlining the rights that older people have when accessing aged care services. This will replace the current Charter of Rights.

The Statement of Rights includes the right for every individual to have:

• Independence, autonomy, empowerment and freedom of choice
• Equitable access
• Quality and safe funded aged care services
• Respect for privacy and information
• Person-centred communication and the ability to raise issues without reprisal
• Advocates, significant persons and social connections.

To read a plain language summary of the new Statement of Rights, click here.

In Australia, the amount you pay for your aged care depends on your personal and financial circumstances. The Government funds most aged care services, but those who can afford to contribute to the cost of their care are required to do so according to their assessed means.

If you entered permanent residential aged care before 1 November 2025, there will be no changes to your fees.

For older people who enter permanent care after 1 November 2025, fees and charges will vary depending on your personal circumstances.

From 1 November 2025, older people will have the option to nominate and register a 'Supporter’. Registered Supporters can help residents understand, make, and communicate decisions about their care. This is intended to ensure older people can make their own decisions, and maintain control over their own lives, for longer. Click here to see more.

A Registered Supporter can be a trusted person chosen by the resident. This could be a family member, friend, or someone else significant in their life, as long as they are nominated and registered appropriately.

The new Aged Care Act makes it easier for people to come forward with concerns about misconduct or harm, and to ensure they’re protected when they do. From 1 November 2025, residents, family and anyone of significance to a resident can make a disclosure as a whistleblower. These disclosures can also be made to a wide group of people. Click here to see more.

At Opal HealthCare, our residents are at the centre of everything we do.

While our ways of working and delivery of care are already strongly aligned with the incoming reforms, we’re also:

• Implementing training for our team to ensure we’re well prepared for the changes
• Co-ordinating our systems and processes with new regulations
• Ensuring our day-to-day delivery of excellent care is in line with the Strengthened Standards
• Communicating with our residents and their families so they understand the changes relevant to them