Aged Care (Allocation of Multi-Purpose Service Program Places for 2026-2027) Determination 2026

Administered by Department of Health, Disability and Ageing

Legislation au F2026L00139 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Aged Care Act 2024

 

Aged Care (Allocation of Multi-Purpose Service Program Places for 2026-2027) Determination 2026

 

Purpose and operation

 

The purpose of the Aged Care (Allocation of Multi-Purpose Service Program Places for 2026-2027) Determination 2026 (Determination) is to determine the number of places available to be allocated in the 2026-2027 financial year, to entities for the delivery of funded aged care services through the service group residential care under the Multi-Purpose Service Program (MPSP) under the Aged Care Act 2024 (Act).

 

Background

 

The MPSP is a specialist aged care program that provides integrated health and aged care services in rural and remote areas. The annual determination of available places ensures that service provision aligns with government priorities and community needs.

 

Authority

 

This Determination is made under subsection 94(1) of the Act. Paragraph 94(1)(b) provides that the Minister may determine for a financial year, for the Multi-Purpose Service Program, the number of places available to be allocated to entities for delivering funded aged care services through a service group under a program; and how many of those places are for a residential care home or home or community setting. 

 

Consultation

 

The Department of Health, Disability and Ageing has consulted with State and Territory governments, MPSP providers, and relevant stakeholders through the MPSP Working Group and regular engagement forums. No significant concerns were raised regarding the proposed number of places for allocation in 2026–27.

Commencement

 

This Determination commences on the day after it is registered.

General

 

This Determination is a legislative instrument for the purposes of the Legislation Act 2003 (Legislation Act). Section 42 (disallowance) of the Legislation Act does not apply to the making of this determination (see subsection 94(5) of the Act).

 

Any determination made under subsection 94(1) of the Act will be based on decisions made through the Expenditure Review Committee (ERC). The ERC will also control spending under the Act for subsidies paid for specialist aged care programs, with the System Governor only able to allocate a place to an entity for the delivery of funded aged care services when the Minister determines a place is available for allocation under subsection 94(1) of the Act.

The exemption from disallowance is justified on the basis that the determination is an internal tool to manage Government spending and administration resources in accordance with

decisions made through the annual Budget process. Ensuring that the determination is exempt from disallowance minimises the risk of uncertainty that would arise if the determination was disallowed and the Minister could not determine the number of places available for allocation, leaving the System Governor unable to allocate places to entities to facilitate access to funded aged care services.

 

Details of this Determination are set out in Attachment A.


 


ATTACHMENT A

 

Details of the Aged Care (Allocation of Multi-Purpose Service Program Places for 2026-2027) Determination 2026

 

Section 1 – Name

 

Section 1 provides that the name of the instrument is the Aged Care (Allocation of Multi-Purpose Service Program Places for 2026-2027) Determination 2026.

 

Section 2 – Commencement

 

Section 2 provides that the commences on the day after it is registered on the Federal Register of Legislation.

 

Section 3 – Authority

 

Section 3 provides that the Determination is made under subsection 94(1) of the Aged Care Act 2024.

 

Section 4 – Definitions

 

Section 4 sets out that a number of terms are defined in section 7 of the Act including:

(a) entity 

(b) Multi-Purpose Service Program

(c) residential care home

 

This section also sets out the definition for terms referred to in this Determination as follows: 

Act means the Aged Care Act 2024.

financial year means the 2026-2027 financial year commencing on 1 July 2026 and ending on 30 June 2027.

 

Section 5 – Number of places available for allocation in 2026-2027

 

Section 5 provides that the number of places available for allocation in the 2026-27 financial year for the delivery of funded aged care services through the service group residential care under the Multi-Purpose Service Program (MPSP) is 100 places. All 100 places are for a residential care home.

 

This means that where these places are later allocated to a particular provider for delivering services at an approved residential care home, they will be considered residential care places, as defined in section 5-5 of the Aged Care Rules 2025 (the Rules). Due to the flexibility built into the MPSP, funding associated with these places can be used flexibly to deliver funded aged care services to approved individuals and the services they have been approved to access. However, any conditions on the allocation of a particular place under section 99 of the Aged Care Act 2024 and section 99-5 of the Rules must still be complied with.

 

 

The Hon Sam Rae MP

Minister for Aged Care and Seniors

Overview

The Aged Care (Allocation of Multi-Purpose Service Program Places for 2026-2027) Determination 2026 is a legislative instrument made under the Aged Care Act 2024. This Determination was introduced to address the need for a clear allocation of places within the Multi-Purpose Service Program (MPSP) for the financial year 2026-2027, ensuring that the program aligns with government priorities and community needs. The determination was enacted by the Parliament of Australia to provide a structured approach to the distribution of places within the MPSP, which offers integrated health and aged care services, particularly in rural and remote areas. The policy objective is to ensure efficient allocation of resources to meet the demand for aged care services, thus supporting the broader goals of the Aged Care Act 2024. The Department of Health, Disability and Ageing has consulted extensively with State and Territory governments, MPSP providers, and relevant stakeholders to ensure the proposed number of places for 2026-2027 is appropriate. This Determination, exempt from disallowance, is designed to facilitate the annual Budget process by enabling the Minister to determine the number of available places, thereby ensuring continuity in the provision of aged care services. The determination is intended to minimise risk and uncertainty, thereby maintaining the stability and effectiveness of the MPSP.

Scope and Application

The Aged Care (Allocation of Multi-Purpose Service Program Places for 2026-2027) Determination 2026 specifies the number of places available for allocation in the 2026-2027 financial year to entities delivering funded aged care services through the Multi-Purpose Service Program (MPSP) under the Aged Care Act 2024. The Determination applies to entities that provide services under the MPSP, a program aimed at offering integrated health and aged care services in rural and remote areas. The places in question are for residential care homes, as outlined in the Aged Care Rules 2025. The number of places available for allocation is set at 100, all designated for residential care homes, ensuring that these resources align with government priorities and community needs. This Determination is made under the authority provided by subsection 94(1) of the Act, and it commences on the day after it is registered. The determination is exempt from disallowance, reflecting its role as an internal tool for managing government spending and administration resources according to decisions made through the annual Budget process.

Key Provisions

The Aged Care (Allocation of Multi-Purpose Service Program Places for 2026-2027) Determination 2026 specifies the number of places available for allocation in the 2026-2027 financial year for the delivery of funded aged care services through the Multi-Purpose Service Program (MPSP) (section 5). It sets this number at 100 places, all of which are designated for residential care homes. This allocation is crucial as it aligns with the government's priorities and community needs for aged care services in rural and remote areas. Any allocation of these places to providers for service delivery must comply with the conditions set out in section 99 of the Aged Care Act 2024 and section 99-5 of the Aged Care Rules 2025. The Determination imposes specific obligations on the entities involved in delivering aged care services under the MPSP. These entities must ensure that any allocated places are used strictly for the provision of funded aged care services, as defined under the MPSP. Furthermore, any conditions on the allocation of these places must be adhered to, as stipulated by the Aged Care Act 2024 and the Aged Care Rules 2025. The entities are also required to comply with all relevant regulations and guidelines issued by the Department of Health, Disability and Ageing, which oversees the MPSP. In terms of compliance and enforcement, breaches of the conditions set out in this Determination may result in penalties. The Aged Care Act 2024 provides for various sanctions, including fines and potential revocation of funding or service delivery approvals. The exact penalties depend on the severity and nature of the breach, but they are designed to ensure that entities maintain high standards of care and comply with all legal requirements. The System Governor has the authority to allocate places only if they are determined to be available by the Minister, as outlined in the Act.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.