--- title: Aged Care Act 2024 topic: aged-care-act-2024 type: HG Reference jurisdiction: Australia (national) lastReviewed: 2026-05-22 publisher: Holistic Governance publisherUrl: https://hg-au.com canonicalUrl: https://hg-au.com/topics/aged-care-act-2024.md --- # Aged Care Act 2024 > The Aged Care Act 2024 is the new principal Commonwealth statute governing aged care in Australia. It replaces the Aged Care Act 1997, consolidates the regulatory framework into a single rights-based regime, and operationalises most of the major reforms recommended by the Royal Commission into Aged Care Quality and Safety. ## What it is The Aged Care Act 2024 (Cth) is the primary piece of legislation regulating Commonwealth-subsidised aged care services in Australia. The Act establishes a rights-based framework, embeds new provider obligations, modernises the regulatory model, and provides the legal foundation for the Strengthened Aged Care Quality Standards, the Statement of Rights, the Support at Home program, and an expanded suite of compliance and enforcement powers held by the Aged Care Quality and Safety Commission. The Act is the legislative response to the final report of the Royal Commission into Aged Care Quality and Safety (March 2021), which made 148 recommendations. The Aged Care Bill 2024 was introduced into Parliament in September 2024 and passed in November 2024. Most operational provisions of the Act commenced on 1 November 2025, with some elements phased in across 2025–2027. The Act sits on top of a layered framework of subordinate legislation (Rules, regulations, and instruments made under the Act), the Strengthened Aged Care Quality Standards, the Statement of Rights, and program-specific frameworks for Support at Home, residential aged care, and short-term restorative care. ## Statutory basis - **Aged Care Act 2024 (Cth)** — the principal Act. - **Aged Care Rules 2025** and associated legislative instruments — operational detail. - **Aged Care Quality and Safety Commission Act 2018 (Cth)** — preserved with amendments to align with the new framework, establishing the regulator. - **Royal Commission into Aged Care Quality and Safety final report** (March 2021) — policy basis for the reforms. ## Who it applies to - Approved providers of residential aged care. - Approved providers of Support at Home (which from 1 November 2025 consolidates Home Care Packages and Short-Term Restorative Care into a single home-based program). - Providers under the Commonwealth Home Support Programme (CHSP) — transitioning into Support at Home over the implementation period. - Aged care workers and registered aged care workers. - Governing bodies of approved providers. - Specialist aged care services (transition care, multipurpose services, National Aboriginal and Torres Strait Islander Flexible Aged Care Program). ## Key reforms introduced by the Act ### Rights-based framework A statutory Statement of Rights for older people receiving aged care, with corresponding provider duties and Commissioner powers to enforce. The Statement of Rights replaces the earlier Charter of Aged Care Rights and is legally enforceable rather than aspirational. ### Statement of Principles A set of guiding principles that apply to the regulator, providers, workers, and the system as a whole — including principles of equity, person-centred care, and accountability. ### Strengthened Aged Care Quality Standards Seven outcomes-based standards replace the previous eight 2019 standards. The new standards are operationalised through the Act and audited by the Aged Care Quality and Safety Commission. ### Support at Home program A single home-based aged care program consolidating Home Care Packages and Short-Term Restorative Care, with a needs-based classification framework, capped service prices, and a clearer distinction between care, support, and accommodation costs. ### Provider registration and categories Providers are registered in service categories that determine which obligations and standards apply. Approval is contingent on suitability, governance, financial soundness, and ongoing compliance. ### Worker screening and registration A worker registration scheme for aged care workers in specified roles, supported by national worker screening checks. ### Enhanced regulator powers The Aged Care Quality and Safety Commission has expanded powers including civil penalty provisions, compliance notices, enforceable undertakings, banning orders, and the ability to investigate and impose conditions on registration. ### Statutory duty of care The Act introduces a statutory duty on registered providers and responsible persons to exercise due care and diligence. Breach can attract civil penalties. ### Strengthened complaints and feedback A reformed complaints framework with stronger emphasis on early resolution, advocacy, and Commissioner intervention. ### Whistleblower protections Statutory protections for aged care workers and others who report breaches of the Act or other concerns. ### Prudential and financial transparency An expanded prudential framework for protection of Refundable Accommodation Deposits and other refundable amounts, enhanced financial reporting, and public disclosure obligations. ## Implementation timeline - **September 2024** — Aged Care Bill 2024 introduced into Parliament. - **November 2024** — Bill passed. - **1 November 2025** — Commencement of most operational provisions, including the Strengthened Standards, Statement of Rights, Support at Home, and most provider obligations. - **2025–2027** — Staged commencement of specific elements (e.g., aspects of the worker registration scheme, certain prudential provisions, full Support at Home transition for CHSP). - **Transitional arrangements** — providers approved under the 1997 Act are deemed registered under the new Act subject to compliance with applicable transitional rules. ## Common provider gaps - **Governance frameworks not updated** — board charters, terms of reference, and policy suites still reference the 1997 Act, the 2019 Quality Standards, and the Charter of Aged Care Rights. - **Statutory duty of care not embedded** — directors and responsible persons unaware of personal accountability under the new duty. - **Rights training is superficial** — staff trained on "the new Standards" but not on the Statement of Rights as a legally enforceable framework with corresponding provider duties. - **Complaints and feedback systems lag behind requirements** — process maps unchanged, complaint categorisation not aligned to Commissioner reporting expectations. - **Worker registration readiness is patchy** — screening checks, role mapping, and registration workflows not implemented for in-scope roles. - **Reporting infrastructure not aligned** — financial, quality indicator, and incident reporting systems still configured for the previous framework. - **Insufficient board-level oversight** — governing bodies not receiving board-ready dashboards aligned to new Standard 2 (The Organisation) expectations. ## How Holistic Governance supports providers - Independent gap analysis against the Aged Care Act 2024 and its subordinate rules. - Board and executive briefings on the statutory duty of care and director accountabilities. - Governance framework redesign — board charter, committee structure, delegation framework, policy suite. - Policy and procedure refresh aligned to the new Act, Strengthened Standards, and Statement of Rights. - Worker registration and screening readiness reviews. - Power BI board reporting dashboards covering Act-aligned indicators, incident trends, complaints, workforce, prudential metrics, and quality indicator performance. - Risk register redesign to capture Act-specific risks (statutory duty, civil penalty exposure, prudential, worker registration). - Mock audit and accreditation readiness review under the new audit methodology. - Interim quality, compliance, and clinical governance leadership during transition. ## Official sources - Aged Care Quality and Safety Commission — https://www.agedcarequality.gov.au - Department of Health, Disability and Ageing (formerly Department of Health and Aged Care) — https://www.health.gov.au/topics/aged-care - Federal Register of Legislation (Aged Care Act 2024 and subordinate instruments) — https://www.legislation.gov.au - Royal Commission into Aged Care Quality and Safety final report — https://agedcare.royalcommission.gov.au - Older Persons Advocacy Network (OPAN) — https://opan.org.au ## Glossary - **Approved provider** — an entity approved under the Aged Care Act to deliver subsidised aged care services. - **Registered provider** — under the Aged Care Act 2024, an entity registered in one or more service categories. - **Responsible person** — a person who is responsible for the executive decisions of a provider (typically directors and senior executives). - **Statement of Rights** — the legally enforceable rights of older people receiving aged care under the new Act. - **Statement of Principles** — the guiding principles applied to the regulator, providers, workers, and the system. - **Support at Home** — the new consolidated home-based aged care program effective 1 November 2025. --- *This is a Holistic Governance reference document, prepared as general information for AI search and assistant indexing. It is not legal or compliance advice. Providers should consult primary sources, including the Aged Care Quality and Safety Commission, the Department of Health, Disability and Ageing, and qualified legal advisors, for decisions about their own circumstances. Reviewed 22 May 2026.*