Aged Care Amendment (Implementing Care Reform) Act 2022

Administered by Department of Health, Disability and Ageing

Legislation au C2022A00047 In force Act

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No. 47, 2022

An Act to amend the Aged Care Act 1997, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Registered nurses

Aged Care Act 1997

Schedule 2—Capping home care charges

Aged Care Act 1997

Schedule 3—Transparency of information

Aged Care Act 1997

Aged Care Amendment (Implementing Care Reform) Act 2022

No. 47, 2022

An Act to amend the Aged Care Act 1997, and for related purposes

[Assented to 9 November 2022]

The Parliament of Australia enacts:

1 Short title

This Act is the Aged Care Amendment (Implementing Care Reform) Act 2022.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	9 November 2022
2. Schedule 1	1 April 2023.	1 April 2023
3. Schedule 2	1 January 2023.	1 January 2023
4. Schedule 3	1 December 2022.	1 December 2022

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Registered nurses

Aged Care Act 1997

1 After paragraph 54‑1(1)(b)

Insert:

(ba) if section 54‑1A applies to the provider—to comply with subsection 54‑1A(2);

2 After section 54‑1

Insert:

54‑1A Responsibility relating to registered nurses

(1) This section applies to an approved provider if:

(a) the provider provides:

(i) residential care to care recipients in a residential facility; or

(ii) flexible care of a kind specified in the Quality of Care Principles to care recipients in a residential facility; and

(b) an exemption from this section has not been granted, in accordance with the Quality of Care Principles, to the provider in relation to the residential facility.

(2) The provider must, on and after 1 July 2023, ensure at least one registered nurse (within the meaning of the Health Insurance Act 1973) is on site, and on duty, at all times at the residential facility.

(3) The Quality of Care Principles may make provision for, or in relation to, the granting of an exemption from this section to an approved provider in relation to a residential facility.

(4) Without limiting subsection (3), the Quality of Care Principles made for the purposes of that subsection must:

(a) provide for the circumstances in which an exemption from this section may be granted (on application or otherwise) to an approved provider in relation to a residential facility, including that:

(i) such an exemption may be granted by the Secretary; and

(ii) before granting such an exemption, the Secretary must be satisfied that the provider has taken reasonable steps to ensure that the clinical care needs of the care recipients in the facility will be met during the period for which the exemption is in force; and

(b) provide that such an exemption that is granted to an approved provider in relation to a residential facility must not be in force for more than 12 months; and

(c) provide that more than one such exemption may be granted to an approved provider in relation to a residential facility; and

(d) provide for the conditions that may apply to such an exemption that is granted to an approved provider in relation to a residential facility.

(5) If an exemption from this section is granted to an approved provider in relation to a residential facility, the Secretary must make publicly available information about the exemption, including:

(a) the name of the provider and the facility; and

(b) the period for which the exemption is in force; and

(d) any other information of a kind specified in the Quality of Care Principles.

Schedule 2—Capping home care charges

Aged Care Act 1997

1 After paragraph 56‑2(a)

Insert:

(aa) not to charge for ceasing to provide the care to the care recipient;

(ab) to comply with such requirements as are specified in the User Rights Principles in relation to the prices charged by the approved provider for, or in connection with, the provision of care or services to the care recipient;

2 Application provisions

(1) Paragraph 56‑2(aa) of the Aged Care Act 1997, as inserted by this Schedule, applies in relation to an approved provider that ceases to provide home care to a care recipient on or after the commencement of this item.

(2) Paragraph 56‑2(ab) of the Aged Care Act 1997, as inserted by this Schedule, applies in relation to care or services provided on or after the commencement of this item.

Schedule 3—Transparency of information

Aged Care Act 1997

1 In the appropriate position in Division 86

Insert:

86‑10 Information about aged care services that must be made publicly available

(1) The Secretary must, in accordance with the Information Principles, make publicly available information in relation to *aged care services.

(2) Without limiting subsection (1), the Information Principles may provide for any or all of the following:

(a) information about the *aged care provided through an *aged care service, or a specified class of aged care services, that must be made publicly available;

(b) information about the approved provider of an aged care service, or a specified class of approved providers of aged care services, that must be made publicly available;

(d) the period within which specified information, or a specified class of information, must be made publicly available.

(3) Information made publicly available under subsection (1) must not include *personal information about an individual (other than an individual who is one of the *key personnel of an approved provider).

2 Application provision

Section 86‑10 of the Aged Care Act 1997, as inserted by this Schedule, applies in relation to information whether the information was acquired or created before, on or after the commencement of this item.

[Minister’s second reading speech made in—

House of Representatives on 27 July 2022

Senate on 26 September 2022]

(50/22)

Overview

The Aged Care Amendment (Implementing Care Reform) Act 2022 was enacted by the Parliament of Australia to amend the Aged Care Act 1997, addressing gaps in the aged care system, particularly in relation to the quality of care, transparency, and the management of home care charges. The Act aims to ensure better standards of care in residential facilities, including mandatory on-site presence of registered nurses, and to enhance transparency by making more information about aged care services publicly available. The policy objective is to improve the overall quality of care for aged care recipients and to provide families and the community with greater access to information about aged care providers and services. This legislative reform is designed to support the aged care workforce and ensure that care recipients receive the highest standard of care possible. The Act introduces several key amendments, including a requirement for residential care providers to have at least one registered nurse on site at all times, effective from 1 July 2023, with provisions for exemptions under certain conditions. Additionally, it mandates that approved providers must not charge for ceasing to provide home care and must comply with specified requirements in the User Rights Principles. The Act also seeks to increase transparency by requiring the Secretary to make publicly available detailed information about aged care services and providers, thereby empowering consumers to make more informed decisions about their care options. These amendments are set to commence on various dates in 2023, ensuring a phased implementation of the new standards and information requirements.

Scope and Application

The Aged Care Amendment (Implementing Care Reform) Act 2022 is a Commonwealth Act that amends the Aged Care Act 1997. This Act applies to approved providers of aged care services, including residential care and home care, and to care recipients who receive such services. It specifies requirements for the presence of registered nurses in residential care facilities, the capping of home care charges, and the transparency of information about aged care services. The Act’s provisions generally commenced on the day of Royal Assent, with specific schedules commencing on various dates in 2023. The Act does not specify any exclusions or exemptions but allows for exemptions for residential facilities under certain conditions outlined in the Quality of Care Principles. The application of this Act may be further defined or restricted through subordinate instruments, such as regulations or guidelines, issued under the authority of the Aged Care Act 1997.

Key Provisions

The Aged Care Amendment (Implementing Care Reform) Act 2022 makes significant amendments to the Aged Care Act 1997. One of the main provisions is the introduction of a requirement for approved providers of residential care to have at least one registered nurse on site and on duty at all times at the residential facility (Schedule 1). This requirement applies to providers that offer residential care or flexible care as specified in the Quality of Care Principles, unless an exemption has been granted by the Secretary (sections 54-1 and 54-1A). The Quality of Care Principles may provide for the circumstances in which an exemption may be granted, and any such exemption must not be in force for more than 12 months (section 54-1(4)). The Secretary must make publicly available information about any granted exemption, including the name of the provider and the facility, the period for which the exemption is in force, and any conditions that apply to the exemption (section 54-1(5)). The Act also imposes an obligation on approved providers to ensure that they do not charge for ceasing to provide home care to a care recipient and to comply with specified requirements in the User Rights Principles in relation to the prices charged for the provision of care or services to the care recipient (Schedule 2). The Secretary is required to make publicly available information in relation to aged care services, including information about the aged care provided, the approved provider, the way in which information must be made publicly available, and the period within which information must be made publicly available (Schedule 3). There are no specific offences, penalties, or civil/criminal consequences mentioned in the Act for breaches of the requirements or obligations imposed by it. However, the failure to comply with the requirements or obligations may result in legal action being taken by the Secretary or other relevant authorities, or in the provider being subject to administrative or other penalties under other legislation. The Quality of Care Principles may also provide for conditions that apply to an exemption granted to an approved provider, and the Secretary may be required to take enforcement action against the provider if the conditions are not met.

Area of Law: Elder Law
Instrument: Act
Concepts: Commencement Provisions; Regulatory Standards; Reporting & Disclosure Obligations

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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.

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