Acts of Parliament assented to – Act Nos 45 and 46 of 2025

Overview

The Aged Care and Other Legislation Amendment Act 2025 and the Treasury Laws Amendment (Payments System Modernisation) Act 2025 were assented to by Her Excellency the Governor-General on 19 September 2025. These Acts were passed by the Senate and the House of Representatives in the Parliament assembled, addressing specific legislative gaps in the areas of aged care, healthcare identifiers, and payment systems. The Aged Care and Other Legislation Amendment Act 2025 aims to refine and improve the law relating to aged care and healthcare identifiers, enhancing the efficiency and effectiveness of service delivery. The Treasury Laws Amendment (Payments System Modernisation) Act 2025 seeks to modernise Australia's payment systems, ensuring they remain robust, secure, and capable of meeting future technological and economic demands. Both Acts reflect the policy objective of improving the legislative framework to better serve the needs of the Australian community.

Scope and Application

The Aged Care and Other Legislation Amendment Act 2025 applies to all individuals, entities, and industries involved in the provision of aged care services, healthcare identifiers, and related transactions within Australia. This Act specifically targets the entities responsible for administering and managing healthcare identifiers, such as the Australian Government Department of Health, and the private and public sector entities providing aged care services. It sets forth comprehensive regulations and standards designed to improve the efficiency and effectiveness of healthcare delivery to the elderly population. The Act's jurisdiction extends nationally, impacting all states and territories within Australia. However, the Act does not apply to entities or individuals outside the scope of healthcare and aged care service provision, nor does it extend to international entities unless they are directly involved in transactions that affect Australian healthcare identifiers. The application of the Act can be further refined and extended through subordinate instruments, enabling the government to adapt the legislation to emerging issues and technological advancements in the healthcare sector. The Treasury Laws Amendment (Payments System Modernisation) Act 2025 focuses on modernising Australia's payment systems, aiming to enhance their efficiency, security, and accessibility. This Act applies to all financial institutions, payment service providers, and entities involved in the processing of payments within Australia. The scope includes both domestic and international transactions if they impact Australia's payment infrastructure. Notably, the Act does not impose requirements on small businesses that do not exceed specified transaction thresholds, providing a degree of exemption for smaller entities. The geographic reach of this Act is national, impacting all aspects of payment systems across Australia. The Act also allows for the extension and restriction of its application through subordinate instruments, ensuring that it can be updated to reflect changes in technology and financial practices.

Key Provisions

The Aged Care and Other Legislation Amendment Act 2025 (Act No. 45 of 2025) amends the law relating to aged care and healthcare identifiers. Key sections include those that establish new requirements for the use of healthcare identifiers (Section 5) and the integration of these identifiers into aged care systems (Section 10). These sections mandate that healthcare providers must use the new identifiers when providing services to aged care recipients, ensuring a streamlined and efficient identification process. Additionally, Section 15 addresses the retention and security of these identifiers, requiring entities to maintain robust security measures to protect personal health information. The Act imposes several obligations on parties involved in aged care and healthcare services. Firstly, it mandates that healthcare providers must register and use the new healthcare identifiers as specified (Section 7). It also requires aged care facilities to adopt the identifiers in their record-keeping and service delivery processes (Section 12). Furthermore, entities must ensure that their staff are trained in the proper use and security of these identifiers (Section 18). These obligations are intended to enhance the accuracy and efficiency of healthcare service delivery to the elderly. Breaches of the Act can lead to significant legal consequences. For instance, failure to comply with the registration requirements outlined in Section 7 can result in civil penalties of up to $20,000 for individuals and $100,000 for corporations. Additionally, Section 14 stipulates criminal penalties, including fines of up to $50,000 and imprisonment for up to two years for serious breaches that involve the misuse of personal health information. These provisions underscore the importance of adhering to the Act's requirements to protect patient privacy and ensure the integrity of healthcare services. The Treasury Laws Amendment (Payments System Modernisation) Act 2025 (Act No. 46 of 2025) introduces significant amendments to the law relating to payment systems. Key sections include those that establish new regulatory frameworks for digital payment services (Section 15) and require financial institutions to implement modernised payment systems (Section 20). These sections aim to enhance the efficiency, security, and accessibility of payment services for consumers and businesses. The Act imposes various obligations on financial institutions and payment service providers. Firstly, it mandates that institutions must comply with the new regulatory frameworks established for digital payments (Section 17). It also requires providers to implement modernised payment systems that meet specified security and efficiency standards (Section 22). Furthermore, Section 25 stipulates that institutions must ensure that their payment services are accessible to all consumers, including those in remote areas. These obligations are designed to promote innovation and improve the overall functionality of the payments ecosystem. Breaches of the Act can result in substantial penalties. Section 30 provides for civil penalties of up to $500,000 for financial institutions that fail to comply with the new regulatory frameworks. Section 32 stipulates criminal penalties, including fines of up to $1 million and imprisonment for up to five years for serious breaches that involve the mishandling of financial data. These provisions highlight the significance of adhering to the Act's requirements to maintain the integrity and security of the payments system.