The Department of Health and Aged Care has recently released Stage 3 of the Aged Care Rules 2025. This update includes draft Rules that outline provider obligations and reinforce Quality Standards within the aged care sector.
On February 13, 2025, the Department of Health and Aged Care released Stage 3 of the Aged Care Rules 2025 for public consultation. These rules outline provider obligations set forth in Chapter 3 of the Aged Care Act 2024 and the enhanced Quality Standards. Some provisions in the Stage 3 release of the Aged Care Rules including the Aged Care Code of Conduct. In this overview, we will delve into the key aspects of the Stage 3 Rules.
Conditions of Registration and Provider Obligations
Registered providers will have specific conditions on their registration and obligations outlined in Chapter 3 of the New Act. These conditions and obligations are tailored to the provider’s category of registration, taking into account the nature of their services, the environment in which they operate, and any potential risks to individuals. For instance, newly registered providers may face different conditions compared to those who have been registered previously. While conditions and obligations may vary based on registration category, certain requirements apply to all registered providers. The Stage 3 Rules mandate that all providers must demonstrate an understanding of the Statement of Rights, implement practices to ensure compliance with these rights (as per section 144-1 of the Stage 3 Rules), and show a commitment to continuous improvement in delivering high-quality care (as per section 147-5 of the Stage 3 Rules).
In essence, registered providers are expected to uphold certain standards and principles to ensure the well-being and rights of individuals receiving their services. These regulations aim to promote a culture of accountability, quality, and improvement within the healthcare industry.
Enhanced Quality Standards
The standards are a crucial requirement for registered providers to adhere to. Renewal and modification of provider registration will be determined by an audit of the relevant standards and the overall performance of the registered provider. These standards are applicable to registered providers based on the specific services they offer within their registration category, as detailed below.
Quality Standards and Application
The following standards apply to providers registered in specific categories under the new regulations:
- Standards 1 – 4: Applicable to providers registered in the ‘personal and care support in the home or community’ category (category 4).
- Standards 1 – 5: Applicable to providers registered in the ‘nursing and transition care’ category (category 5).
- Standards 1 – 7: Applicable to providers of residential aged care (category 6).
Commonwealth Home Support Program (CHSP) and the National Aboriginal and Torres Strait Islander Flexible Aged Care Program (NATSIFACP)
Obligations are currently outlined in individual grant agreements with the Department. These agreements are supported by guidance found in program manuals published by the Department.
Under the new regulations, the regulation of CHSP and NATSIFACP providers will be detailed in the Rules, in addition to the program manuals and grant agreements. As registered providers under the new regulations, CHSP and NATSIFACP providers must comply with any conditions of registration and obligations, such as the Aged Care Code of Conduct.
Aged care worker screening
The Government is working closely with states and territories to expand and ensure uniformity in the National Disability Insurance Scheme (NDIS) worker screening checks. In the meantime, registered providers must continue to verify that their aged care workers and responsible individuals hold either a police certificate or an NDIS worker screening clearance. Starting from July 1, 2025, CHSP and NATSIFACP providers must confirm that their staff does not have police certificates showing serious offenses, such as violent crimes, sexual offenses, or significant dishonesty until NDIS worker screening checks are implemented in 2026. This marks a shift for CHSP providers, who previously had discretion in evaluating criminal backgrounds. For NATSIFACP providers, the change means that fraud-related offenses previously focused on executive decision-makers are now governed by enhanced suitability requirements for responsible individuals under the new Act.
It is important to note that several provisions in the Stage 3 Rules have yet to be finalized. The remaining Rules are anticipated to be included in the Stage 4 Release, set to be published in early March 2025. We understand that providers are eagerly awaiting additional information to aid in the transition period.