The Australian Parliament has officially passed the Aged Care Bill 2024 on November 25, 2024, marking a significant milestone in the country’s aged care sector. The new legislation is scheduled to come into effect on July 1, 2025, bringing about crucial changes in seven key areas.
These changes encompass a wide range of reforms aimed at improving the quality of care and support for older Australians. The specifics of these changes will be further clarified through subordinate legislation, commonly referred to as Rules. Individuals interested in providing feedback on these Rules can find more information below.
Why is a new Aged Care Act necessary for Australia? The existing legislation is centered around providers and how they receive and manage funding for aged care services. The Royal Commission into Aged Care Quality and Safety has deemed this Act outdated and inadequate, suggesting the need for a new legislation that prioritizes the rights and well-being of older individuals.
7 Essential Changes for Seniors, Families, and Advocates
As we navigate the complexities of aging, it is crucial to stay informed about the key changes that can impact older individuals, their families, and those who represent them. Here are seven important updates to be aware of in order to better support and advocate for our aging population.
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Emphasizing Rights
The updated Act incorporates a Statement of Rights, which delineates the entitlements of elderly individuals when they are in search of or utilizing government-funded aged care services. These rights encompass aspects such as independence and autonomy, privacy protection, provision of safe and high-quality care, and the freedom to voice concerns without facing any repercussions. Service providers in the aged care sector will be obligated to comprehend and provide services to older individuals in accordance with the Statement of Rights.
The Statement of Rights supersedes the Charter of Aged Care Rights, which was a stipulation of the previous Act.
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Improved Quality Standards in Aged Care
Beginning on July 1, 2025, the Aged Care Quality Standards will be enhanced to
ensure a higher level of care for older individuals. These standards serve as a
guideline for what constitutes excellent care. The updated standards will provide
a clear understanding of the expectations that older individuals can have from
aged care service providers and their staff.
With the implementation of these strengthened standards, providers will be required to actively involve older individuals in the planning and oversight of their care. This approach aims to guarantee that the care provided is safe, of top-notch quality, and tailored to the specific needs of each older person. By prioritizing the inclusion of older individuals in the decision-making process, the new standards will promote a more personalized and effective approach to aged care services.
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Enhanced Protections for Whistleblowers
The updated Act provides increased protections for whistleblowers, individuals who report issues of concern. This includes older individuals, families, representatives, and aged care workers who can now report instances of non-compliance with aged care laws without fear of retaliation or unfair treatment.
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Strengthened Safeguards for Decision-Making
The revised Act incorporates supported decision-making principles to ensure individuals have autonomy and choice in their own lives and care. Under this new legislation, older individuals can designate one or more trusted individuals to assist them in decision-making processes. These designated “supporters” are tasked with guiding the older person in making their own choices, promoting their well-being, and honoring their preferences.
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Implementation of an Independent Complaints Process
To enhance the transparency and accountability of complaints handling within the Aged Care Quality and Safety Commission, an Independent Complaints Commissioner, appointed by the Minister for Aged Care, will oversee the process. This independent complaints process aims to not only streamline the operation of aged care complaints but also to restore the confidence of older individuals that their concerns will be taken seriously and resolved promptly.
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Introduction of a New Funding Model
Under the new Act, older individuals will be required to make means-tested co-contributions for their non-clinical care. To assist those with limited financial resources, new hardship measures will be implemented. The government has ensured that individuals who were part of the aged care system prior to the tabling of the Bill in Parliament on 12 September 2024 will not face any financial disadvantages due to these changes.
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Launch of the Support at Home Program
The Support at Home program is set to consolidate existing in-home aged care programs, replacing Home Care Packages and the Short-Term Restorative Care Programme starting from 1 July 2025. The transition of the Commonwealth Home Support Program will occur no earlier than 1 July 2027.