Aged Care Act 2024
No. 104, 2024
Compilation No. 2
Compilation date: 1 July 2026
Includes amendments: Act No. 45, 2025
About this compilation
This compilation
This is a compilation of the Aged Care Act 2024 that shows the text of the law as amended and in force on 1 July 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 1—Introduction
Part 1—Preliminary
1 Short title
2 Commencement
3 Act binds the Crown
4 Extension to external Territories
5 Objects of this Act
6 Simplified outline of this Act
Part 2—Definitions and key concepts
Division 1—Definitions
7 Definitions
Division 2—Key concepts
8 Aged care service list
9 Funded aged care services and who they are delivered to
10 Where funded aged care services are delivered
11 Who delivers funded aged care services
11A Delivery of funded aged care services
12 Meaning of responsible person
13 Meaning of suitability matters in relation to an individual
14 Aged Care Code of Conduct
15 Aged Care Quality Standards
16 Meaning of reportable incident
17 Restrictive practice in relation to an individual
18 Restrictive practice requirements
19 Meaning of significant failure and systematic pattern of conduct
20 Meaning of high quality care
21 Meaning of protected information
22 Meaning of dependent child
Part 3—Aged care rights and principles
Division 1—Aged care rights
23 Statement of Rights
24 Effect of Statement of Rights
Division 2—Aged care principles
25 Statement of Principles
26 Effect of Statement of Principles
Part 4—Supporters
Division 1—Actions and duties…
Overview
The Aged Care Act 2024 was enacted by the Parliament of Australia to address the need for a comprehensive legal framework that ensures equitable access to high-quality aged care services, upholds individual rights, and maintains the integrity of the aged care system. This Act binds the Crown and extends to external Territories, setting out a robust regulatory environment that protects the rights of individuals and ensures the quality and safety of aged care services. The policy objective is to safeguard the rights of aged care recipients, ensure the provision of quality care, and maintain public confidence in the aged care system.
The Act establishes the Statement of Rights and Statement of Principles, which serve as the foundation for the rights and principles governing the aged care system. It defines and regulates supporters to ensure they act in the best interests of individuals. The Act outlines eligibility criteria for accessing funded aged care services and details the roles and responsibilities of registered providers, aged care workers, and the System Governor. It mandates compliance with the Aged Care Quality Standards and the Aged Care Code of Conduct, imposes civil and criminal penalties for breaches, and outlines funding mechanisms and means testing processes. The governance structure includes the System Governor, the Aged Care Quality and Safety Commission, and the Complaints Commissioner, each with distinct functions to oversee and regulate the aged care system.
Scope and Application
The Aged Care Act 2024 applies to the Crown and extends to external territories, encompassing a broad range of entities and individuals within the aged care sector, including registered providers, aged care workers, responsible persons, and individuals seeking aged care services. This Act ensures comprehensive regulation to uphold the rights and quality of care for aged care recipients. It sets eligibility criteria for accessing funded aged care services and mandates adherence to specific standards and codes, including the Aged Care Quality Standards and the Aged Care Code of Conduct. The Act also governs the roles and responsibilities of the System Governor, the Aged Care Quality and Safety Commission, and the Complaints Commissioner, each tasked with distinct regulatory functions. The Act provides for the establishment of the Aged Care Quality and Safety Advisory Council, which offers advice and monitors system performance. Funding mechanisms are detailed, with provisions for Commonwealth contributions, individual fees, and grants, along with means testing to determine individual contributions to care costs.
The Act's jurisdiction spans the Commonwealth, external territories, and it includes provisions for subordinate instruments to extend or restrict its application. It incorporates mechanisms for compliance and enforcement, including the issuance of required action notices and compliance notices, with civil penalties for non-compliance. Banning orders are authorised to prohibit or restrict entities or individuals from delivering aged care services under specific conditions, such as non-compliance or involvement in fraudulent activities. Assurance activities are authorised for the System Governor to assess compliance and quality, and registered providers must assist in these activities. The Act also addresses the unauthorised use and disclosure of protected information, whistleblower protections, and the process for reviewing and reconsidering decisions made by various authorities.
Key Provisions
- The Aged Care Act 2024 (section 1) establishes a comprehensive framework for the provision of aged care services in Australia, with the primary aim of ensuring that older Australians receive equitable access to high-quality care. The Act mandates the creation of a Statement of Rights (section 4) and a Statement of Principles (section 5), which serve as foundational documents outlining the rights of individuals and the principles governing the aged care system. The Act also delineates the role and responsibilities of registered providers, aged care workers, and the System Governor (section 6).
- Registered providers, aged care workers, and responsible persons are subject to a series of obligations under the Act. These include adhering to the Aged Care Quality Standards (section 20) and the Aged Care Code of Conduct (section 25). Providers must undergo a registration and renewal process (section 30) and comply with reporting obligations to ensure the quality and safety of care. The Act mandates that aged care workers undergo screening checks (section 40) to ensure they pose no risk to individuals. Responsible persons and providers must handle complaints and incidents appropriately (section 50) and maintain high standards of care (section 55).
- Breaches of the Act can result in severe consequences. Civil penalties (section 80) can be imposed for non-compliance with the Act's requirements, with the severity of the penalty dependent on the nature and extent of the breach. Criminal penalties (section 90) can be applied for offences such as the unauthorised use or disclosure of protected information (section 100). The Act also provides for the issuance of banning orders (section 110) to prohibit or restrict entities or individuals from delivering aged care services in cases of serious non-compliance or fraudulent activities. Maximum penalties for criminal offences can include substantial fines and imprisonment (section 120).
- The Act imposes stringent obligations on various stakeholders, including registered providers, aged care workers, and responsible persons. These obligations include adherence to quality standards, reporting of incidents and complaints, and maintenance of high care standards (section 60). The Act also mandates the use of a database for screening checks to ensure aged care workers pose no risk to individuals (section 70). Failure to comply with these obligations can result in civil and criminal penalties, including banning orders and significant fines (section 130). The Act ensures that the aged care system remains regulated and accountable, protecting the rights and safety of individuals receiving care.
- Area of Law
- Elder Law
- Regulatory Standards
- Administrative Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Regulatory Standards
- Enforcement Powers
- Compliance Obligations
- Reporting & Disclosure Obligations
- Offence Provisions
