Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of this Act
A single day to be fixed by Proclamation.
However, if the commencement of the provisions is not fixed by Proclamation before 1 July 2025, the provisions commence on 1 July 2025.
1 November 2025
(F2025N00516)
Note:
This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2)
Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3Act binds the Crown
(1)
This Act binds the Crown in each of its capacities.
(2)
This Act does not make the Crown liable to be prosecuted for an offence.
4Extension to external Territories
This Act extends to the external Territories other than the Territory of Ashmore and Cartier Islands.
5Objects of this Act
The objects of this Act are to:
(a)
in conjunction with other laws, give effect to Australia’s obligations under the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of Persons with Disabilities; and
(b)
provide a forward‑looking aged care system that is designed to:
(i)
uphold the rights of individuals under the Statement of Rights; and
(ii)
assist individuals accessing funded aged care services to live active, self‑determined and meaningful lives; and
(iii)
ensure equitable access to, and flexible delivery of, funded aged care services that put older people first and take into account the needs of individuals, regardless of their location, background and life experience; and
(iv)
support individuals accessing funded aged care services to effectively participate in society on an equal basis with others, thereby promoting positive community attitudes to ageing; and
(v)
facilitate access to integrated services in other sectors where required; and
(c)
enable individuals accessing funded aged care services to exercise choice and control in the planning and delivery of those services; and
(d)
ensure individuals accessing funded aged care services are free from mistreatment, neglect and harm from poor quality or unsafe care; and
(e)
provide a robust and risk‑based regulatory framework for the delivery of funded aged care services, including accessible complaint mechanisms for individuals accessing those services, that will promote public confidence and trust in the Commonwealth aged care system; and
(f)
provide and support education and advocacy arrangements that can assist individuals accessing funded aged care services to understand their rights, make decisions and provide feedback on the delivery of those services without reprisal; and
(g)
provide for sustainable funding arrangements for the delivery of funded aged care services by a diverse, trained and appropriately skilled workforce; and
(h)
promote innovation in the Commonwealth aged care system based on research and support continuous improvement in the Commonwealth aged care system.
6Simplified outline of this Act
This Act provides for the delivery of funded aged care services to individuals under the Commonwealth aged care system. The services are included in the aged care service list and grouped into service types which are delivered through service groups.
The objects of the Act, the Statement of Rights and the Statement of Principles underpin the system and are aimed at ensuring quality and safe care for individuals.
Supporters may be registered to assist individuals with navigating the system and are required to act in accordance with principles that promote supported decision making.
Eligible individuals undergo an aged care needs assessment which identifies which funded aged care services are needed. Services are delivered in an approved residential care home, or a home or community setting, and are delivered by entities known as registered providers. For certain service groups, there are mechanisms for prioritisation and allocation of limited places.
The funding for services can be in the form of a subsidy or grant payable to the registered provider. The amount of funding available depends on various factors, including the classification type and classification level of individuals, the application of means testing and whether the service is being provided under a specialist aged care program, for example, for Aboriginal or Torres Strait Islander persons.
The system is governed by the Secretary (known as the System Governor), the Aged Care Quality and Safety Commissioner (the Commissioner), and the Complaints Commissioner.
A set of key obligations apply to registered providers and apply even where registered providers subcontract the delivery of services to associated providers. Separate obligations apply to aged care workers and responsible persons of registered providers.
Protections are provided for whistleblowers and statutory duties are imposed on registered providers, responsible persons and operators of aged care digital platforms that facilitate access to services. Criminal penalties and civil penalties apply for failures to meet requirements under this Act and compensation can be sought in cases of serious failures by registered providers.
The Commissioner and the System Governor have access to a suite of regulatory mechanisms to assist in the performance of their respective functions.
Arrangements for the protection of information and data obtained under this Act and the sharing of that information and data also apply.
8Aged care service list
(1)
The rules must prescribe a list of services for which funding may be payable under this Act. The rules must:
(a)
list each service; and
(b)
describe each service; and
(c)
specify the service type that the service is in; and
(d)
specify the service group that the service type is in; and
(e)
specify, for the service groups home support, assistive technology and home modifications, that all service types in those service groups must be delivered in a home or community setting; and
(f)
specify, for the service group residential care, that all service types in the service group must be delivered in a residential care home; and
(g)
specify, for each service that is in a service type (other than a service type referred to in paragraph (i)) that is specified as a service type that is in the service group home support, assistive technology or home modifications:
(i)
the means testing category for the service; and
(ii)
the subsidy basis for the service; and
(iii)
if the subsidy basis for the service is efficient price or unit price—the base efficient price or base unit price for the service; and
(iv)
the loading type (if any) that applies to the service; and
(h)
specify any specialist aged care program under which a service type can be delivered; and
(i)
specify any service type that can only be delivered under a specialist aged care program; and
(j)
specify each provider registration category under which a service type can be delivered.
(2)
For the purposes of paragraph (1)(c), a service type means a service type prescribed by the rules.
(3)
For the purposes of paragraph (1)(d), a service group means any of the following:
(a)
home support;
(b)
residential care;
(c)
assistive technology;
(d)
home modifications.
(4)
For the purposes of subparagraph (1)(g)(i), each of the following is a means testing category for a service type delivered in a home or community setting:
(a)
clinical supports;
(b)
independence;
(c)
everyday living.
Matters that must be considered before prescribing services
(5)
The Minister must ensure that for the service group residential care nursing is a listed service that is in at least one service type that is in that group.
(6)
The Minister must ensure that funded aged care services in a service type that is specified as a service type that is delivered in a residential care home for the purposes of paragraph (1)(f) are services of the following kind:
(a)
services for the care of persons who are experiencing sickness;
(b)
services incidental or conducive to the care of persons who are experiencing sickness.
9Funded aged care services and who they are delivered to
(1)
A funded aged care service means a service included on the list referred to in subsection 8(1) delivered to an individual who can access the service through a service group as referred to in subsection (2) of this section and for which funding is paid under this Act.
(2)
An individual can access a funded aged care service through a service group if:
(a)
the individual makes an application for access to funded aged care services under section 56; and
(b)
the System Governor makes an eligibility determination for the individual and that determination is in effect; and
(c)
the individual undergoes an aged care needs assessment; and
(d)
an access approval that covers the service is in effect for the individual; and
(e)
if the individual is accessing the service other than under a specialist aged care program:
(i)
a classification decision establishing a classification level in a classification type for the service group is in effect for the individual; and
(ii)
if a priority category decision is required under section 86 for the classification type for the service group—such a decision under section 86 has been made for the individual for the classification type for the service group; and
(iii)
if the classification type or classification level is one for which the System Governor may allocate the individual a place under section 92—a place has been allocated to the individual under that section for that classification type or classification level and is in effect; and
(f)
if the individual is accessing the service under a specialist aged care program:
(i)
a classification decision establishing a classification level in a classification type for the service group has been made for the individual; and
(ii)
if the System Governor may allocate the registered provider a place under section 95—a place has been allocated to the registered provider under that section and is in effect.
Note:
Depending on what the funded aged care service is and the kind of registered provider that delivers the service, the Commonwealth funding of the service may be through a subsidy or grant under this Act.
10Where funded aged care services are delivered
(1)
A funded aged care service can be delivered in:
(a)
an approved residential care home; or
(b)
a home or community setting.
Residential care home
(2)
A residential care home means a place that:
(a)
is the place of residence of individuals who, by reason of sickness, have a continuing need for aged care services, including nursing services; and
(b)
is fitted, furnished and staffed for the purpose of providing those services.
(3)
To avoid doubt, a residential care home includes any of the following places:
(a)
a place within, or co‑located with, a hospital or other health service that is covered by an agreement with the Commonwealth to deliver aged care services alongside health services as a part of an integrated service arrangement;
(b)
a place within a retirement village that is a place described by subsection (2);
(c)
a place which is a complex of buildings;
(d)
any other place prescribed by the rules.
(4)
To avoid doubt, a residential care home does not include any of the following places:
(a)
a private home;
(b)
a retirement village (other than a place referred to in paragraph (3)(b));
(c)
a facility for which a declaration under subsection 121‑5(6) of the Private Health Insurance Act 2007 is in force (other than a place referred to in paragraph (3)(a));
(d)
a hospice or facility that primarily provides palliative care;
(e)
any other place prescribed by the rules.
(5)
For the purposes of subsection (2), the rules may prescribe:
(a)
circumstances where a place is taken to be 2 or more separate places; and
(b)
circumstances where 2 or more separate places are taken to be a single place.
Home or community setting
(6)
A home or community setting means a place in a home, or in the community, where funded aged care services are delivered.
(7)
Despite subsection (6), a home or community setting does not include any of the following places:
(a)
a group home funded under the National Disability Insurance Scheme;
(b)
a hospital;
(c)
a psychiatric facility;
(d)
a prison or detention centre;
(e)
a hospice or facility that primarily provides palliative care;
(f)
any other place prescribed by the rules.
11Who delivers funded aged care services
(1)
Funded aged care services are delivered by registered providers (and associated providers of registered providers) and the aged care workers of registered providers.
Registered providers
(2)
A registered provider means an entity that is registered as a registered provider (whether under paragraph 105(1)(a), because of a renewal under paragraph 108(1)(a), or because of a determination made by the System Governor under subsection 117(1)), if:
(a)
the registration period has not ended; and
(b)
the registration has not been revoked under a provision of Part 3 of Chapter 3.
Note:
A registered provider’s registration is not in effect while suspended: see section 130. This means most provisions of this Act still apply to the registered provider unless a provision expressly requires that the registered provider’s registration is in effect for the provision to apply.
(3)
A registered provider is registered in one or more provider registration categories which are:
(a)
the residential care category; and
(b)
any other category prescribed by the rules.
Aged care workers
(4)
An aged care worker of a registered provider means:
(a)
an individual employed or otherwise engaged (including as a volunteer) by the registered provider to deliver funded aged care services; or
(b)
an individual who:
(i)
is employed or otherwise engaged (including as a volunteer) by an associated provider of the registered provider; and
(ii)
is engaging in conduct under the associated provider’s arrangement with the registered provider relating to the registered provider’s delivery of funded aged care services; or
(c)
an individual who is a registered provider.
Note:
An individual engaged by a registered provider includes an independent contractor.
(5)
An aged care worker of a registered provider does not include a responsible person of the provider unless the responsible person is an individual who is employed or otherwise engaged (including as a volunteer) by the registered provider, or by an associated provider of the registered provider, to deliver funded aged care services.
Associated providers
(6)
If an entity (an associated provider) engages in conduct under an arrangement with a registered provider relating to the registered provider’s delivery of funded aged care services, this Act applies in relation to the registered provider as if the registered provider had engaged in the conduct.
Note:
This means that a registered provider may contravene subsection 142(3) or (4) or another provision of this Act because of conduct engaged in by an associated provider.
11ADelivery of funded aged care services
Delivery not affected by involvement of associated providers
(1)
To avoid doubt, a registered provider delivers a funded aged care service for the purposes of this Act even if some or all of the work involved in delivering the service to an individual is done by one or more associated providers of the registered provider.
Circumstances when non‑delivery of funded aged care services is taken to be delivery of funded aged care services
(2)
A service is taken to have been delivered by a registered provider to an individual for the purposes of this Act if:
(a)
the service is included on the list referred to in subsection 8(1); and
(b)
the service was scheduled to be delivered by the registered provider to the individual on a day; and
(c)
had the service been delivered as scheduled, the individual could have accessed the service through a service group as referred to in subsection 9(2); and
(d)
subsection (3) applies to the service.
(3)
This subsection applies to the service if:
(a)
both:
(i)
the service was scheduled to be delivered by the registered provider to the individual on the day at an agreed time and place; and
(ii)
the only reason that the service was not delivered was because the individual cancelled the delivery of the service within the period, before that day, that is prescribed by the rules; or
(b)
the circumstances prescribed by the rules apply.
(4)
If subsection (2) applies in relation to a service:
(a)
a reference in this Act to the number of hours or units of the service delivered to the individual on a day is taken to be a reference to the number of hours or units that were scheduled to be delivered to the individual on the day; and
(b)
a reference in this Act to the service delivery branch through which the service was delivered is taken to be a reference to the service delivery branch through which the service was scheduled to be delivered.
(5)
Subsection (2) does not apply:
(a)
in circumstances prescribed by the rules; or
(b)
for the purposes of a provision of this Act prescribed by the rules.
Certain reimbursements taken to be delivery of funded aged care services
(6)
If:
(a)
an individual incurs costs in acquiring a service that is included on the list referred to in subsection 8(1); and
(b)
the registered provider reimburses, in accordance with any requirements prescribed by the rules, the individual for the whole or a part of the costs; and
(c)
had the service been delivered to the individual by the registered provider, the individual could have accessed the service through a service group as referred to in subsection 9(2); and
(d)
any other circumstances prescribed by the rules in relation to the individual, the acquisition or the service apply;
the reimbursement is taken, for the purposes of this Act, to be the delivery of the service by the registered provider to the individual.
(7)
Subsection (6) does not apply:
(a)
in circumstances prescribed by the rules; or
(b)
for the purposes of a provision of this Act prescribed by the rules.
12Meaning of responsible person
(1)
Each of the following is a responsible person of a registered provider:
(a)
if the registered provider is not a government entity—any person who is responsible for the executive decisions of the registered provider;
(b)
if the registered provider is not a government entity—any other person who has authority or responsibility for (or significant influence over) planning, directing or controlling the activities of the registered provider;
(c)
for any registered provider (including a government entity)—if the registered provider delivers, or proposes to deliver, a funded aged care service:
(i)
any person who has responsibility for overall management of the nursing services delivered by the registered provider, or overall management of the nursing services delivered at an approved residential care home of the registered provider, and who is a registered nurse; and
(ii)
any person who is responsible for the day‑to‑day operations of an approved residential care home or service delivery branch of the registered provider.
(2)
Without limiting paragraph (1)(a), a person who is responsible for the executive decisions of a registered provider includes a member of the governing body of the provider.
