by: Kate Fisher

The Aged Care Act 2024 introduces a comprehensive, rights-based legal framework that transforms the roles, responsibilities, and accountability of aged care providers. It places older people at the centre of aged care delivery and mandates that providers uphold their rights, including independence, safety, dignity, and access to culturally safe services (Department of Health and Aged Care, 2024a).

As of 9 December 2024, the Single Assessment System (SAS) replaces the Regional Assessment Services (RAS), Aged Care Assessment Teams (ACAT), and independent AN-ACC assessors (Department of Health and Aged Care, 2024b).

Key Implications for Providers:

• Assessment-Driven Access
  Eligibility, care planning, and funding are determined by SAS assessors—not providers.
• Consistency & Equity
  SAS uses a culturally safe and trauma-informed framework, supporting fairness and reducing bias (Department of Health and Aged Care, 2024a).
• Coordination and Transition Management
  Providers must collaborate with SAS to ensure smooth intake, reduce wait times, and adjust internal systems accordingly.

Under the new Act, providers must:

• Implement accessible complaints systems that enable escalation to the Aged Care Quality and Safety Commission (ACQSC).
• Protect whistleblowers, including staff, clients, and families, from retaliation. Reports can be made anonymously and must be handled confidentially (Department of Health and Aged Care, 2024b).

From 1 July 2025, existing My Aged Care representatives will automatically become registered supporters, unless they opt out before 30 June. Providers must:

• Work respectfully with registered supporters to uphold older people’s decision-making rights.
• Ensure care is delivered in an accessible and supported format (Department of Health and Aged Care, 2024a; 2024b).

The ACQSC will:

• Proactively monitor compliance and performance.
• Issue notices requiring corrective action.
• Impose fines or civil penalties for serious breaches (Department of Health and Aged Care, 2024b).

Providers must go beyond compliance and demonstrate active efforts to improve care quality.

Care must be:

• Culturally safe, trauma-informed, and delivered by appropriately trained staff.
• Communicated in ways that suit the individual, including interpreters or visual aids as needed (Department of Health and Aged Care, 2024a).

Under the Aged Care Act 2024, you are required to align your services with the rights and preferences of older people, ensuring that care is person-centred, respectful, and culturally responsive. You’ll need to work closely with the Single Assessment System to support equitable and consistent access to care for all individuals. The Act also calls on you to implement strong safeguards that promote transparency, effective complaints handling, and access to advocacy. This is your opportunity to transform your care delivery model and embed practices that reflect dignity, autonomy, and quality. Ongoing improvement is not optional- your organisation will be expected to demonstrate continuous progress under the oversight of the Aged Care Quality and Safety Commission (ACQSC), with increased accountability built into the new framework.

References:

Department of Health and Aged Care. (2024a). A new Aged Care Act for the rights of older people – Easy Read fact sheet. Australian Government. https://www.health.gov.au/our-work/aged-care-act/rights

Department of Health and Aged Care. (2024b). A new Aged Care Act for the rights of older people – Full rights-based framework fact sheet. Australian Government. https://www.health.gov.au/our-work/aged-care-act/rights