Legislation - Aged Care Reform
On 28 June 2013, five Bills outlining the key legislative changes to underpin the first two phases of the aged care reforms passed into law. From 1 July 2014 the Acts are:
Aged Care Related Acts:
- Aged Care Act 1997
- Aged Care (Transitional Provisions) Act 1997
- Aged Care (Accommodation Payment Security) Act 2006
- Aged Care (Accommodation Payment Security) Levy Act 2006
- Australian Aged Care Quality Agency Act 2013
- Australian Aged Care Quality Agency (Transitional Provisions) Act 2013.
A number of Principles made under the Aged Care Act 1997 have been amended or created and commenced on 1 July 2014. The Aged Care (Transitional provisions) Principles 2014 were created under the Aged Care (Transitional Provisions) Act 1997.
The current Aged Care Principles are:
- Accountability Principles 2014
- Aged Care (Transitional Provisions) Principles 2014 – made under the Aged Care (Transitional Provisions) Act 1997
- Allocation Principles 2014
- Approval of Care Recipients Principles 2014
- Approved Provider Principles 2014
- Certification Principles 1997
- Classification Principles 2014
- Committee Principles 2014
- Complaints Principles 2014
- Extra Service Principles 2014
- Fees and Payments Principles 2014 (No.2)
- Grant Principles 2014
- Information Principles 2014
- Quality of Care Principles 2014
- Records Principles 2014
- Sanctions Principles 2014
- Subsidy Principles 2014
- User Rights Principles 2014
The current Principles are also available on the Australian Government’s ComLaw website. Explanatory Statements have been released with each final instrument and can also be found on the ComLaw website. The Explanatory Statements explain each component of the Principles.
Other subordinate legislation includes:
Aged Care Determinations – Ministerial
- Aged Care (Subsidy, Fees and Payments) Determination 2014
- Aged Care (Transitional Provisions) (Subsidy and Other Measures) Determination 2014 – made under the Aged Care (Transitional Provisions) Act 1997
- Aged Care (Principles and Determinations) Repeal Instrument 2014
Other Aged Care related legislative Instruments
- Aged Care (Conditions for Residential Care Allocations) Determination 2014
- Aged Care (Conditions of Allocation - Extra Service Places) Determination 2006 (No. 1)
- Aged Care Act 1997 - Determination under subsection 14-6(1) - Multipurpose Service (MPS) flexible care places (09/12/2003)
- Aged Care Act 1997 - Determination under subsection 14-6 (1) (ACA Ch. 2 No. 1/2006)
- Aged Care Act 1997 - Determination under subsection 14-6(1) (24/01/2002)
- Aged Care Act 1997 - Determination under subsection 14-6(1) (06/08/2002)
In conjunction with the recent changes to the Aged Care Act 1997 (the Act) and its subordinate legislation, the Department of Social Services (the Department) has identified an opportunity to enhance the way it presents information to aged care stakeholders.
The Guide to Aged Care Law (the Guide) has now been released.
The Department in consultation with aged care stakeholders developed the Guide as an online resource. It is designed to be an easy to use, plain-English text that will help assist approved providers understand their responsibilities and obligations under the Act.
The Guide provides the Department with a platform to provide the latest information to aged care stakeholders relating to updates to the Act and its subordinate legislation. The Guide will provide information relating to:
- residential care;
- home care;
- flexible care; and
- residential respite care.
The Guide can be accessed on-line at the Guides to Social Policy Law website. You may wish to add this URL to your internet favourites as a quick link to the Guide.
The Residential Care Manual
The Residential Care Manual (RCM) will still remain available for historical purposes but no further updates will be scheduled. The RCM can be accessed at The Residential Care Manual website.
If you require assistance or have any queries in relation to the Guide, or the discontinuation of the RCM, please email the Department at AgedCareGuide@dss.gov.au
This is the first version of a new approach to the way the Department presents information to aged care stakeholders. The Department consequently would like to receive feedback on the Guide from its users including, but not limited to:
- the presentation of content;
- functionality of the Guide; and
- further enhancements you may like to see made to the Guide.
Such feedback will help the Department to refine the Guide in order to make it a more effective and user friendly resource for aged care stakeholders.
If you would like to provide the Department with feedback please email the Department at AgedCareGuide@dss.gov.au
The Department is proud of this initiative but would like to acknowledge that there are areas within the Guide that will require further updates including to reflect future changes to the Act and its subordinate legislation over time. Additional information will also be published as it becomes available. The Department apologises for any inconvenience this may cause users.
It is also important to note that the Guide is in no way intended to be a legal document. Should you require specific legal interpretation about the application of any part of the legislation, we advise referring, in the first instance, to the Act, its Principles and/or seek independent legal advice.
Thank you for your cooperation and patience as we roll out the Guide.