Compliance for aged care providers in Australia
The new Aged Care Act 2024 (in force 1 November 2025), 7 quality standards, RN 24/7 rosters, care minutes, and SIRS notification within 24 hours. The strengthened framework explained.
Australian aged care reset on 1 November 2025 with the Aged Care Act 2024 — the most significant overhaul since 1997. The Act embeds a rights-based Statement of Rights, strengthens the Quality Standards (7 instead of 8), gives the Aged Care Quality and Safety Commission (ACQSC) civil penalty powers, and codifies RN 24/7 + care minutes targets.
Existing approved providers transitioned automatically; new applicants face stricter registration tests. ACQSC enforcement is escalating — sanctions including conditions, banning orders, and revocation of approved-provider status.
Below: the compliance picture for residential and home care.
1. The seven Quality Standards
Standard 1 — The person (dignified, respectful, person-centred care). Standard 2 — The organisation (governance, risk, workforce). Standard 3 — Care and services (assessment, planning, transitions). Standard 4 — The environment (safe, clean, suitable). Standard 5 — Clinical care (clinical governance, medication, infection prevention, restrictive practices). Standard 6 — Food and nutrition. Standard 7 — The residential community.
2. Registered nurse 24/7 (residential)
All residential aged care facilities must have at least one RN on duty on site 24 hours a day, 7 days a week. Limited exemptions for facilities with <30 beds in regional/remote areas with documented recruitment difficulty. Compliance reported monthly + published; exception periods are public.
3. Care minutes targets
Residential providers must meet care minute targets — sector averages of 215 total care minutes per resident per day, of which 44 minutes from a RN (actual targets vary by AN-ACC funding classification). Reported monthly via My Aged Care; published in Star Ratings.
4. SIRS notification within 24 hours (priority 1)
Eight reportable incident types: unreasonable use of force; unlawful sexual contact / inappropriate sexual conduct; psychological / emotional abuse; unexpected death; stealing or financial coercion by a staff member; neglect; inappropriate physical or chemical restraint (restrictive practice); missing consumer. Priority 1 notifications within 24 hours via the My Aged Care portal, with follow-up report within 5 business days.
5. Aged Care Code of Conduct
Applies to all approved providers + workers + governing persons. Behavioural expectations + grounds for banning orders. Workforce attestation + training records required. Banning order register must be checked at hire.
6. Restrictive practices + behaviour support plans
Use of restrictive practices (physical, chemical, mechanical, environmental, seclusion) must be a last resort. Requires authorisation, documented Behaviour Support Plan, informed consent, and minimum 12-monthly review. ACQSC actively reviews use.
7. Workforce — beyond the standards
Modern award compliance (Aged Care Award; Nurses Award; Social, Community, Home Care and Disability Services Award). Pay-day Super from 1 July 2026. WGEA reporting if 100+ employees. PI insurance for clinical staff. NDIS overlap if any participants are NDIS-funded.
FAQ
What changed on 1 November 2025?
The Aged Care Act 2024 commenced, replacing the 1997 Act. Statement of Rights embedded; Quality Standards strengthened to 7; ACQSC gained civil penalty powers.
Can a small facility opt out of RN 24/7?
Limited exemption process for facilities with <30 beds in regional/remote areas with documented recruitment difficulty. Apply via ACQSC; exemption is not automatic.
How quickly must I notify a SIRS Priority 1 incident?
Within 24 hours of becoming aware. Follow-up report within 5 business days. Late or missed notifications attract civil penalty proceedings + banning orders against responsible individuals.
Published obligations that apply to aged care providers (10)
- criticalCWLTHAN-ACC funding classification compliance (residential)
Residential aged care funding driven by AN-ACC classification of each resident.
- criticalCWLTHComply with Aged Care Code of Conduct
All providers + workers must comply with the federal Aged Care Code of Conduct.
- criticalCWLTHComply with Aged Care Quality Standards (Aged Care Act 2024)
From 1 November 2025, providers must comply with the strengthened Aged Care Quality Standards.
- criticalCWLTHComply with restrictive practices rules + behaviour support plans
Use of restrictive practices in aged care must be a last resort and meet strict conditions.
- criticalCWLTHComply with Serious Incident Response Scheme (aged care)
Residential and home-care providers must notify Aged Care Quality and Safety Commission of priority 1 incidents within 24 hours.
- criticalCWLTHKey personnel obligations under Aged Care Act 2024
Aged care key personnel — board + senior — owe statutory duties + face personal sanctions.
- criticalCWLTHMake mandatory notifications to AHPRA
Practitioners, employers and education providers must notify AHPRA of conduct that puts the public at risk.
- criticalCWLTHRegistered nurse on duty 24/7 in residential aged care
Residential aged care providers must have a registered nurse on duty 24 hours a day.
- highCWLTHCharter of Aged Care Rights — disclose + uphold
Approved providers must give consumers the Charter + uphold rights described.
- highCWLTHImplement Food Safety Program where prescribed (Standard 3.2.1)
High-risk food businesses must implement a documented Food Safety Program audited by a recognised food safety auditor.