Aged Care Act 2024

What the Act does

The Act sets the rules for who can deliver government-funded aged care, how providers are registered and regulated, and what they must do while they deliver care. It covers residential care, Support at Home and other funded programs, so people in those programs get the same regulatory protections. The Act is the framework. The Aged Care Rules 2025 sit underneath it and contain the detail, including the strengthened Aged Care Quality Standards, the reportable incident rules and the conditions that attach to each registration category.

Under the Act the Secretary of the Department of Health, Disability and Ageing is the System Governor, responsible for how the system operates overall. The Aged Care Quality and Safety Commission registers and regulates providers, including grant-funded providers, and has powers to monitor, investigate and enforce compliance. A Complaints Commissioner, appointed by the Minister and located within the Commission, handles complaints independently of the Aged Care Quality and Safety Commissioner.

Statement of Rights and Statement of Principles

Section 23 sets out the Statement of Rights, which replaced the Charter of Aged Care Rights on 1 November 2025. It covers independence, autonomy and choice, equitable access, quality and safe services, privacy and access to information, person-centred communication and raising issues without reprisal, and support from advocates and connection with family, community and Country. Section 24 deals with the effect of the Statement. Section 25 sets out a Statement of Principles that guides how the whole system, including the department and the Commission, should operate.

Registered providers must take all reasonable and proportionate steps to act in line with the Statement of Rights, be able to show they understand it, and have ways to make sure their practice reflects it. Rights and principles are a condition of registration under section 144. The Rules also require providers to give and explain information about the Statement of Rights to the people they support.

Registration and provider obligations

Providers must be registered with the Commission to deliver funded aged care. Registration is organised into six categories: home and community services, assistive technology and home modifications, advisory and support services, personal care and care support in the home or community, nursing and transition care, and residential care. Providers do not have to deliver every service in a category, but should deliver at least one service in each category they hold, and the obligations that apply depend on those categories.

Some obligations apply to every registered provider, including the Statement of Rights, the Aged Care Code of Conduct, incident management, complaints handling, continuous improvement and worker screening. The strengthened Aged Care Quality Standards apply to categories 4, 5 and 6 under section 146, and providers in those categories are audited against them at registration and renewal. The registered provider remains responsible for the quality, safety and compliance of funded services even where an associated provider or subcontractor delivers them.

The registered provider duty

Section 179 creates a registered provider duty, and section 180 creates a related duty for certain responsible persons, such as people in key governance roles. These are positive duties about the safety and quality of care, and they sit alongside the conditions of registration rather than replacing them. Read the exact wording in the current compilation of the Act before relying on it for a decision.

The Act also provides a compensation pathway where serious injury or illness results from a breach of the registered provider duty. Breaches of the duties can attract civil penalties, and the Commission has a range of other enforcement tools, so governing bodies should understand how the duty applies to their services. Providers who are unsure how the duty affects a particular decision should seek legal advice and can contact the Commission for guidance on its regulatory approach.

Incident management and SIRS

Section 16 defines a reportable incident, section 164 requires providers to manage incidents, and section 165A deals with reports about reportable incidents under the Serious Incident Response Scheme (SIRS). The Rules add the detail. Section 16-5 of the Rules defines and clarifies terms, and sections 16-10 and 16-15 list acts and events that are not reportable incidents. Providers must notify incidents themselves and must also make sure their aged care workers report incidents to them.

Under sections 165A-25 and 165A-30 of the Rules, a Priority 1 notice must be given within 24 hours and a Priority 2 notice within 30 days of the provider becoming aware of the incident. New information about a reported incident must also be given as soon as reasonably practical. From 1 November 2025 the Priority 1 definition and the definition of neglect changed, so incident procedures written under the old law should be reviewed.

Working with the Aged Care Rules 2025

The Aged Care Rules 2025 (F2025L01173) are a large instrument published in volumes on the Federal Register of Legislation. They have been amended and compiled several times since commencement, so always check the latest compilation rather than a saved copy. Sections of the Rules are numbered to match the section of the Act they support, so section 165A-25 of the Rules sits under section 165A of the Act and sections 15-10 to 15-40 under section 15.

Transitional arrangements moved existing approved providers and the people they support into the new system, with existing providers transitioned into the new registration categories rather than applying again. Some arrangements continue under transitional rules for a period. If a transitional date matters to your organisation, check the current consolidated Rules and the Commission's provider guidance, and ask your peak body or a lawyer where the position is unclear.

Questions people ask about the Aged Care Act 2024

• When did the Aged Care Act 2024 start and what did it replace?
• What does the Statement of Rights require providers to do?
• Which registration category does our service fall into?
• What is the registered provider duty in section 179?
• Which provisions of the Act and Rules set the SIRS reporting timeframes?
• Do the Quality Standards apply to every registered provider?
• Where do I find the current version of the Aged Care Rules 2025?