The new Aged Care Act 2024: rights-based framework + strengthened standards

What the new Act does

The Aged Care Act 2024 supersedes the Aged Care Act 1997, establishing it as the primary legislation governing Commonwealth aged care. This represents a significant shift in the legal foundation for aged care services across Australia.

The new Act’s commencement date was initially set for 1 July 2025, but has been extended to 1 November 2025. This delay allows for further preparation and implementation of the changes outlined within the legislation.

A core feature of the Aged Care Act 2024 is the adoption of a rights-based framework. This framework was a key recommendation arising from the Royal Commission into Aged Care Quality and Safety, and aims to ensure greater protections and entitlements for aged care recipients.

The Statement of Rights

The new Aged Care Act 2024 incorporates a Statement of Rights for individuals receiving aged-care services. This Statement outlines fundamental entitlements, designed to ensure older people are treated with dignity and have control over their care.

The Statement of Rights specifically addresses key areas including the rights to independence, autonomy and choice, equitable access to services, quality care, respect for personal privacy and information, and the right to make informed decisions about care. It also explicitly recognises the right to freedom from elder abuse and unsafe practices.

Providers are legally obligated to actively support the realisation of these rights. This responsibility requires providers to consider and integrate these rights into the design and delivery of all aged-care services.

Strengthened Quality Standards

The Aged Care Act 2024 introduces a new strengthened set of Aged Care Quality Standards. These replace the previous Standards and guide providers in delivering quality aged care. The Standards are structured to address key areas of focus, ensuring a holistic approach to care.

The new Standards are organised around six core domains: the person; the organisation; the care and services; the environment; clinical care; food and nutrition; and the residential community. These domains provide a framework for providers to demonstrate how they meet expectations and deliver safe, high-quality care. compliance calendar tool

Providers will be audited against these strengthened Standards by the Aged Care Quality and Safety Commission. These audits are designed to assess compliance and identify areas for improvement, contributing to continuous quality enhancement across the aged care sector.

Registration and enforcement

The new Aged Care Act 2024 introduces a registration system for aged care providers, replacing the previous approved-provider model. This system categorises providers based on the services they offer, ensuring clarity and alignment with service delivery.

The Aged Care Quality and Safety Commission’s role in upholding standards is strengthened. The Commission’s enforcement powers are expanded, allowing for broader investigations and a greater range of actions. These actions include imposing conditions on registration, suspending registration, revoking registration, and pursuing civil penalties.

A key operational requirement for residential aged-care facilities is the continuous presence of a registered nurse. A registered nurse must be on-site and on duty 24 hours a day, with limited exemptions applying.