The new Aged Care Act 2024 in plain English: what providers must do from 1 November 2025

A practical guide to the strengthened obligations under the new Aged Care Act for residential and home-care providers — quality standards, SIRS, RN 24/7 and accountability.

Published 18 May 2026

What changed on 1 November 2025?

The Aged Care Act 2024 replaced the 1997 Act, implementing recommendations from the Royal Commission into Aged Care Quality and Safety. The new Act is rights-based, with stronger compliance powers for the Aged Care Quality and Safety Commission (ACQSC) and a new Statement of Rights.

Existing approved providers transitioned automatically; new applicants face stricter registration tests.

The Statement of Rights

Embedded in the Act, the Statement of Rights establishes that aged care recipients have rights to dignity, autonomy, communication in their language, freedom from elder abuse, and equitable access to high-quality care. Providers must support these rights — not just comply with technical standards.

Strengthened Quality Standards (7)

The Aged Care Quality Standards apply across both residential and home care. The 7 standards:

  1. The person — dignified, respectful, person-centred care
  2. The organisation — governance, risk management, workforce planning
  3. The care and services — assessment, planning, communication, transitions
  4. The environment — safe, clean, suitable physical environment
  5. Clinical care — clinical governance, medication, infection prevention, restrictive practices
  6. Food and nutrition — choice, dietary needs, dining experience
  7. The residential community — daily living, meaningful engagement (residential)

Each standard has specific outcomes that ACQSC audits against.

Registered nurse 24/7

From 1 July 2023 (and continued under the 2024 Act), all residential aged care facilities must have at least one Registered Nurse on duty and on site at all times — 24 hours a day, 7 days a week.

Limited exemptions for facilities with fewer than 30 beds in regional/remote areas with documented difficulty recruiting.

Compliance is monitored via mandatory monthly reporting; exception periods are public.

Serious Incident Response Scheme (SIRS)

SIRS is a notification + management regime for serious incidents in aged care. Eight reportable incident types:

  1. Unreasonable use of force
  2. Unlawful sexual contact / inappropriate sexual conduct
  3. Psychological / emotional abuse
  4. Unexpected death
  5. Stealing or financial coercion by a staff member
  6. Neglect
  7. Inappropriate physical or chemical restraint (restrictive practice)
  8. Missing consumer

Priority 1 incidents: notify the ACQSC within 24 hours, with follow-up report within 5 business days. Priority 2 incidents: notify within 30 days.

Notifications go via the My Aged Care provider portal. The ACQSC may direct investigation or external review.

Care minutes targets

Residential aged care providers must meet care minute targets: 215 minutes of total care per resident per day, of which 44 minutes must be from a Registered Nurse (sector averages — actual targets vary by facility).

Care minutes are reported monthly and published. Non-compliance triggers escalating compliance action.

Provider obligations

Beyond the Standards / SIRS / care minutes, providers must:

  • Notify changes in approved provider status (e.g. change of control)
  • Operate within funding rules (AN-ACC + care funding)
  • Comply with food, accommodation and dignified-care expectations
  • Participate in publication of the Star Ratings system
  • Maintain workforce qualifications and worker screening
  • Respond to ACQSC information requests

Sanctions and enforcement

The ACQSC has significantly expanded powers under the 2024 Act:

  • Civil penalties — new for the aged care regime
  • Sanctions — imposition of conditions (e.g. enrolment halt, additional reporting)
  • Banning orders — against individuals
  • Compliance notices — directing specific remediation
  • Revocation of approved provider status

Recent enforcement has included multiple providers sanctioned for RN 24/7 non-compliance, care minutes shortfalls, and SIRS notification failures.

If your facility is under-performing, expect ACQSC engagement — and act before it escalates.

Frequently asked

When did the new Aged Care Act come into force?

1 November 2025.

Can a small facility opt out of RN 24/7?

Limited exemption process for facilities with fewer than 30 beds in regional/remote areas with documented recruitment difficulty — apply via ACQSC.

How quickly must I notify a SIRS Priority 1 incident?

Within 24 hours of becoming aware, with a follow-up report within 5 business days.

Are care minutes targets the same nationally?

Sector averages: 215 total + 44 RN minutes per resident per day. Specific targets vary by facility based on resident acuity (AN-ACC funding classification).

Related

Obligations covered