EXPLANATORY STATEMENT

Issued by the authority of the Minister for Aged Care and Seniors

Aged Care Legislation Amendment (July and August Indexation and Other Measures) Rules 2026

Purpose

The Aged Care Legislation Amendment (July and August Indexation and Other Measures) Rules 2026 (the Instrument) amends the Aged Care Rules 2025 (the Rules) to support the ongoing implementation of the Aged Care Act 2024 (the Act) and ensure the aged care system remains accurate, fair, transparent and operationally efficient.

A key purpose of the Instrument is to apply July indexation and August increases to relevant thresholds, caps, and subsidy-related amounts, including:

The Instrument implements changes to the means testing category of the service type ‘personal care’ in the Rules for the Support at Home program from 1 October 2026. This amendment will mean older people will not be out of pocket for personal care services, with personal care services such as showering to be fully funded for all Support at Home participants who are approved to access these services.

This Instrument also establishes key aspects of the Support at Home Pooled Funding Trial (the trial) to test whether it may be appropriate to permanently implement a subscription funding model as part of the Support at Home program. The trial will test the idea that Support at Home participants in close-knit communities (or co-located) settings could choose to combine a portion of their ongoing budgets to access services on a more flexible or as-needed basis.

Outline

This Instrument:

Together, these amendments ensure the legislative framework can be administered in an accurate, fair, transparent and operationally efficient way that enhances outcomes for older people receiving aged care services.

Background

July 2026 Indexation

Part 13 of Schedule 2 of this Instrument gives effect to the July 2026 routine indexation.

Routine indexation under the aged care legislative scheme is applied throughout the year. The July 2026 indexation process includes updates to:

The amendments ensure providers can apply the correct rates from 1 July 2026 and that system settings remain aligned with contemporary costs of care.

August 2026 Increases

Schedule 3 of this Instrument gives effect to August 2026 subsidy and supplement increases.

The August 2026 increase includes updates to:

The amendments ensure providers can apply the correct rates from 1 August 2026 and that system settings remain aligned with contemporary costs of care.

Personal care under Support at Home

Schedule 4 of this Instrument implements changes to the means testing category of the service type ‘personal care’ for individuals receiving home support, in the Rules from 1 October 2026. This means those who need help with personal care, including showering and (non-clinical) continence management, will have these services fully funded under the Support at Home program, if they are approved to access these services.

Support at Home Pooled Funding Trial

From 1 July 2026, the Department of Health, Disability and Ageing will run a pooled funding trial for the Support at Home program (the trial). Part 12 of Schedule 2 of this Instrument establishes key aspects of the trial, which will test whether participants choosing to combine a portion of their ongoing budgets in certain settings can improve service delivery and support older people to access more services by creating economies of scale. Specifically, the Rules are being amended to:

This means that Support at Home participants would pay an amount to have a period of access to a service as opposed to a per-hour or per episode unit price charged against a participant's budget.

Permitted use for refundable deposits

The amendments clarify the use of refundable deposits for business losses by registered providers in the service group residential care. The amendments confirm providers may use refundable deposits to cover reasonable business losses in the first 12 months when:

• establishing themselves as a registered provider and opening a new approved residential care home
• opening a new approved residential care home while already operating
• taking over the operation of an approved residential care home from another registered provider and beginning to deliver care at that home.

Reasonable business losses refer to losses made by the registered provider in establishing the new service, such as capital costs incurred as part of restructuring the service, or costs involved in training and retaining staff in anticipation of the facility becoming fully occupied.

Merits review expanded to additional System Governor decisions

Amendments to section 557-5 of the Rules expand the list of decisions by the System Governor that are reviewable under table item 44 in section 557 of the Act. These amendments are made in accordance with an undertaking to the Senate Standing Committee for the Scrutiny of Delegated Legislation.

Access to the Commonwealth Home Support Program

This amendment reinstates the ability for individuals accessing disability services through the Disability Support to Older Australians program to access the Commonwealth Home Support Program  at the same time without negatively impacting their Disability Support to Older Australians funding. This access was inadvertently removed when the Aged Care Rules 2025 commenced. Without the amendment, these individuals are unable to access critical services or lose their existing funding to access them.

Technical and drafting amendments

The Instrument makes a number of technical changes to improve legislative clarity, including updating certain definitions in section 5-5 of the Rules.

Authority

This Instrument is authorised under the Aged Care Act 2024.

This Instrument also relies on subsection 33(3) of the Acts Interpretation Act 1901, which provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Consultation

The Department of Health, Disability and Ageing (the Department) has consulted with Services Australia and the Aged Care Quality and Safety Commission (the Commission) in developing this Instrument to ensure alignment. The amendments continue the streamlined implementation of the Act and reflect discussions with stakeholders and other feedback received on the operation of the Act. This includes engagement through formal mechanisms, such as the Council of Elders and National Aged Care Advisory Council, and other engagement that occurs through the Department’s network of state and territory and regional officers. 

To the extent that the amendments create obligations on aged care registered providers or older people, those obligations are consistent with existing public information and previous legislative requirements.

Consultation on the pooled funding trial for the Support at Home program occurred during August 2023 and November 2025. Consultations with relevant stakeholders, such as the Support at Home Sector Working Group and various peak body groups across the aged care and retirement living sector, have also occurred during this period.

Information about the increase in rates and relevant thresholds from 1 July 2026 and 1 August 2026 will be disseminated by the Department via electronic media to approved providers.

Retrospective commencement/effect

This Instrument provides for retrospective effect of certain provisions in respect of Schedule 1 and Part 14 of Schedule 2.

This Instrument is made in reliance on subsection 12(2) of the Legislation Act 2003 (Legislation Act). This provision provides that if a provision commences before the Instrument is registered, the Instrument or provision does not apply for a person (other than the Commonwealth or an authority of the Commonwealth) to the extent that because of that commencement:

• the person’s rights as at the time the Instrument is registered would be affected so as to disadvantage the person
• liabilities would be imposed on the person in respect of anything done or omitted to be done before the Instrument is registered.

This Instrument contains provisions which provide retrospective commencement for certain definitions, for use of refundable deposits by registered providers to cover reasonable business losses, and the reconsideration and review of decisions. The intent of these provisions is to increase clarity and support the intended operation of the Act. Where a provision is to operate retrospectively, the amendment benefits the individual to whom the provision applies as well as ensuring that, where appropriate, matters that are initiated under the Rules prior to amendment will continue to be dealt with under those previous Rules. This ensures predictability and consistency for individuals, registered providers and aged care assessors.

The extent to which each of these provisions engage subsection 12(2) of the Legislation Act is addressed below.

Transitional matters under Schedule 1

The first matter with retrospective effect is new section 610‑1, which provides that where a classification assessment had commenced but was not completed before 29 June 2026, the previous version of the definition continues to apply. This is to ensure that classification assessments already underway can be completed under the framework that applied at the time they began, avoiding disruption and maintaining consistency in outcomes.

The second matter with retrospective effect is new section 610‑5, which provides that where aged care needs assessments or classification assessments had commenced but were not completed before 29 June 2026, or where decisions were made based on assessment reports provided before that date, the previous version of the definition continues to apply. This ensures continuity across both assessment and decision‑making processes.

Transitional matters under Part 14 of Schedule 2

The third matter with retrospective effect relates to the permitted use of refundable deposits by registered providers in the service group residential care in respect of business losses. The amendments to paragraphs 287-101(2)(f) and 310‑20(a) provide that it is a permitted use to use refundable deposits or accommodation bonds when the registered provider is opening a new approved residential care home for the first 12 months to assist with reasonable business losses.  

The fourth matter with retrospective effect is to allow compensation determinations, which are determinations that establish the amounts that an individual might expect to be paid in compensation for aged care related needs, to be reviewed including for determinations already made. 

Impact Analysis

A detailed impact analysis was not required for this Instrument.

General

This Instrument is a legislative Instrument for the purposes of the Legislation Act 2003.

Details of this Instrument are set out in Attachment A.

This Instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.

ATTACHMENT A

Explanation of the provisions

Section 1 – Name

This section provides that this Instrument is the Aged Care Legislation Amendment (July and August Indexation and Other Measures) Rules 2026.

Section 2 – Commencement

This section provides for the commencement of each provision in the Rules, as set out in the table at subsection 2(1).

The table provides that sections 1 to 4 and anything else in this Instrument not covered elsewhere by the table commences the day after this Instrument is registered.

The table then provides that:

• Schedule 1 commences on 29 June 2026
• Schedule 2 commences on 1 July 2026
• Schedule 3 commences on 1 August 2026
• Schedule 4 commences on 1 October 2026
• Schedule 5 commenced on 1 November 2025

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

Section 3 – Authority

This section provides that this Instrument is made under the Aged Care Act 2024.

Section 4 – Schedules

This section confirms that each Instrument that is specified in a Schedule to this Instrument is amended or repealed as per the Schedule. Any other item in a Schedule to this Instrument has effect according to its terms.

Schedule 1 – Amendments commencing 29 June 2026 – assessments

Part 1—Chapter 1 amendments

Aged Care Rules 2025

Item 1 – Section 5-5 (definition of Aged Care Assessment Manual)

This amendment updates the date of incorporation of the Aged Care Assessment Manual. The date is changed from “23 March” to “29 June” which has been updated because of information technology changes and to clarify administrative processes supporting aged care needs assessments.

Item 2 – Section 5-5 (definition of Integrated Assessment Tool)

Similarly, this amendment omits “the day the Instrument commences” and substitutes “29 June 2026”. The Integrated Assessment Tool is available on the Department’s website.

The Tool is being updated as a result of minor additions to refine the questions in the Tool.

Item 3 – Section 5-5 (note to the definition of Integrated Assessment Tool)

This amendment replaces the year “2025” in the note to the definition of Integrated Assessment Tool with the year “2026” to reflect the amendment made to the date in the above amendment at Item 2.

Part 2—Chapter 2 amendments

Aged Care Rules 2025

Item 4 – After subsection 81-10(1)

This item inserts a new subsection after subsection 81-10(1). This new subsection provides different criteria for the establishment of the classification level CHSP class for the classification type ongoing for the service group home support if the individual is accessing services funded under the program known as the Disability Support for Older Australians Program.

This amendment reinstates the ability for individuals accessing disability services through the Disability Support to Older Australians program to access the Commonwealth Home Support Program without negatively impacting their Disability Support to Older Australians funding. This access was inadvertently removed when the Aged Care Rules 2025 commenced. Without the amendment, these individuals are unable to access critical services or lose their existing funding to access them.

Individuals accessing Disability Support to Older Australians funding were aged 65 or over at the time the NDIS was introduced and despite accessing disability funding at the time, were not eligible for the NDIS due to their age. The funding they would receive through aged care services is less than the services they receive under Disability Support to Older Australians grant.

Being able to have the classification level CHSP class for the classification type ongoing for the service group home support established for them also makes the individuals eligible for classification level AT CHSP in the classification type short term for the service group assistive technology and the classification level HM CHSP in the classification level short term for the home modifications service group. These are two key areas of funding that are not covered under the Disability Support to Older Australians program and provide for things such as threshold ramps or other modifications to enable these individuals to continue to remain in their home and community as their age impacts their disabilities and introduces new challenges and barriers.

Part 3—Transitional matters

Aged Care Rules 2025

Item 5 – At the end of Chapter 15

This item inserts new part heading ‘Part 1—Aged Care Amendment (July and August Indexation and Other Measures) Rules 2026’ at the end of Chapter 15 of the Rules.

This item inserts three new transitional provisions, beginning with new section 610-1, which is a transitional provision that preserves the operation of the previous definition of Aged Care Assessment Manual for assessments that were already underway at the time the amendments commenced.

The provision ensures that, despite the amendment made by item 141 of Part 14 of Schedule 2, the earlier version of the definition continues to apply to classification assessments that had commenced but had not been completed before 29 June 2026.

The purpose of this provision is to avoid disruption to assessment processes that were already in progress at the time of transition. It supports administrative continuity and fairness by ensuring that assessors and individuals are not required to switch assessment frameworks partway through an assessment, which could otherwise lead to inconsistency or uncertainty in outcomes.

The second transitional provision, new section 610-5, preserves the operation of the previous definition of Integrated Assessment Tool for a broader set of circumstances connected to assessments and decisions made before the commencement of the amendments.

The provision ensures that, despite the amendment made by item 141 of Part 14 of Schedule 2, the earlier definition continues to apply to:

• aged care needs assessments that had commenced but were not completed before 29 June 2026
• decisions under subsection 65(2) of the Act that were based on assessment reports provided before 29 June 2026
• classification assessments that had commenced but were not completed before 29 June 2026.

The purpose of this provision is to ensure continuity and legal certainty across both assessment processes and decision‑making that rely on those assessments. By preserving the previous definition for ongoing assessments and decisions already informed by earlier reports, the provision avoids retrospective impacts and ensures that decisions remain valid and consistent with the framework under which the relevant information was originally gathered.

The third transitional provision, new section 610-15, provides that the amendment made by item 4 of Part 2 of Schedule 1 applies to classification assessments that had commenced but not been completed before 29 June 2026 (the expected day of commencement of item 4), and to classification assessments commenced after the 29 June 2026. This ensures individuals accessing services through the Disability Support to Older Australians program who have assessments that have not yet been finalised can benefit from the new provision.

Schedule 2 – Amendments commencing 1 July 2026 - indexation and other measures

Part 1—Chapter 1 amendments

Aged Care Rules 2025

Item 1 – Section 5-5

This amendment inserts the definition of the first subsidy year. The first subsidy year, for an approved residential care home and a registered provider, means the 12-month period after the day the registered provider is first eligible for subsidy for the delivery of a funded aged care service through the service group residential care to any individual in the approved residential care home.

This is to support the amendments in relation to paragraphs 287-101(2)(f) and 310-20(a) of this Instrument that provide that a registered provider may use an individual’s refundable deposit or accommodation bond to meet reasonable business losses that are incurred in respect of a new approved residential care home during the first subsidy year.  

Item 2 – Section 5-5 (definition of home support functional independence score)

This amendment repeals and substitutes the definition of the home support functional independence score. The new definition does not change the sections of the Integrated Assessment Tool that are used to calculate the score but sets out each heading from the tool specifically rather than listing the elements that are not included. This better clarifies the fields relied upon by providing the specific heading items.

This is relevant in determining an individual’s aged care needs and therefore the applicable home support classification level.

Item 3 – Subsection 7‑8(2)

This amendment repeals and replaces subsection 7-8(2) of Division 2 of Part 2 of Chapter 1 of the Rules (not including the heading or the note). New subsection 7-8(2) of the Rules provides that for the purposes of paragraph (b) of the definition of approved needs assessor in section 7 of the Act, the criteria for a person are that the person is an individual who is employed or otherwise engaged by:

• an entity prescribed by subsection (1) of this section, where subsection (1) of this section states that the entity is specified in the document entitled Single Assessment System assessment organisations by service are, region, state and territory, published by the Department
• an entity engaged by a prescribed entity.

This amendment enables prescribed entities, contracted by the Department to deliver aged care needs assessments, who employ aged care needs assessors to complete this work, to subsequently subcontract these services to third parties.

Part 2—Chapter 2 amendments

Aged Care Rules 2025

Item 4 – Subsection 81‑10(1) (column 2 of the table)

This item amends the criteria in column 2 of the table in subsection 81-10(1) by inserting the word “home support” before each reference to “functional independence score”. The amendment ensures that the provision correctly uses the defined term “home support functional independence score”, consistent with the terminology used in the Rules.

Item 5 – Subsection 81‑10(1) (column 2 of the table)

This item amends the criteria in column 2 of the table in subsection 81-10(1) by inserting the word “home support” before each reference to “needs”. The amendment ensures that the provision correctly uses the defined term “home support needs met score”, consistent with the terminology used in the Rules.

Item 6 – Subsection 81‑25(1) (subparagraph (b)(ii) of column 2 in table item 3)

This amendment allows End-of-Life Pathway participants to be approved for the Assistive Technology high classification. It does this by amending section 81-25, at Item 3 (Column 2) under subsection (b)(ii) of the table.

Currently, participants on the End-of-Life Pathway cannot be approved for the Assistive Technology high classification level. Evidence and feedback have shown that the Assistant Technology medium classification is not adequate for many of these participants, especially where multiple assistive technology products and equipment are being rented.

Part 3—Chapter 4 amendments

Aged Care Rules 2025

Item 7 – Section 148-65(3)

This item repeals the subsection and replaces it to clarify that short-term residential care booking fees are excluded from the cooling-off period. In accordance with subsection 283(4) of the Act, the booking fee does not need to be refunded if an individual cancels the booking within 7 days of the start of the service. Provisions relating to the refund of a booking fee are already set out under subsections 283‑15(3) to (7) of this Instrument.

The heading reads ‘Cooling‑off period—other than for short‑term funded aged care services delivered through the service group residential care’.

Subsection (3) requires that a service agreement for funded aged care services, other than short‑term funded services provided through the residential care service group, must include provisions addressing withdrawal by the individual.

Specifically, if the individual notifies the registered provider (either verbally or in writing) of their intention to withdraw from the agreement within 14 days of entering into the agreement, and before their start day:

• the agreement is taken to have no effect
• the registered provider must refund any fees or contributions paid by the individual, as outlined in Part 3 of Chapter 4 of the Act.

The relevant heading is titled ‘Cooling‑off period and refunds of booking fees—short‑term funded aged care services delivered through the service group residential care’.

New subsection (3A) sets out requirements for service agreements relating to short‑term funded aged care services delivered through the residential care service group.

These agreements must:

• where the registered provider charges a booking fee under subsection 283(4) of the Act, explain the effect of subsections 283‑15(3) to (7) of the Instrument (which deal with the refund of booking fees)
• provide that, if the individual notifies (either verbally or in writing) the registered provider that they wish to withdraw from the agreement within 14 days of entering into it, and before their start day:
  • the agreement is taken to have no effect
  • the registered provider must refund any fees or contributions paid by the individual under Divisions 2, 2A and 3 of Part 3 of Chapter 4 of the Act, excluding any booking fee referred to above.

The heading reads ‘Additional cooling‑off period—ongoing aged care services delivered through the service group residential care’.

This amendment deals with the interaction between the cooling-off period and the refund of a booking fee where an individual cancels the booking within 7 days of commencing the service. This amendment clarifies that a registered provider is required to refund an individual any fees paid by the individual if the individual withdraws from the service agreement. The exception is the booking fee if the individual cancels the booking within 7 days prior to the start of the service.

Item 8 – Paragraphs 150A‑1(a) and (b)

This amendment omits “Division”, and substitutes “Part” in paragraphs 150A-1(a) and (b), making a technical correction to this reference.

Item 9 – Subparagraphs 150A‑15(a)(ii) and 150A‑25(a)(ii)

This amendment omits “probate,”, and substitutes “probate of” in both subparagraphs 150A-15(a)(ii) and 150A-25(a)(ii), to clarify this provision.

Paragraph 150A-15(a)(ii) requires a registered provider to record specific details in the refundable deposit register when a deposit is refunded due to an individual’s death. The paragraph requires recording the date of death and, where relevant, the date the provider receives formal evidence (such as probate or letters of administration) confirming who is entitled to the refund. This ensures accountability and the traceability of deposit refunds following a resident’s death.

Paragraph 150A-25(a)(ii) requires a registered provider to record specified details in the refundable deposit register when an accommodation bond balance (refunded on or after 1 July 2006) is repaid due to an individual’s death. It requires documentation of the date of death and, where relevant, the date the provider receives evidence (such as probate or letters of administration) confirming entitlement to the refund.

Part 4—Chapter 5 amendments

Aged Care Rules 2025

Item 10 – Subsections 166-10(1), 166-15(1) and 166-25(1)

This amendment ensures alignment with section 166(1) of the Act, confirming the correct reference is made to both the Aged Care Quality and Safety Commissioner (the Commissioner) and the System Governor when requesting reporting information for specified vaccinations.  The amendment clarifies the request for the report can originate from either the Commissioner or System Governor.

Item 11 – Subsection 166-110(1)

This amendment aligns with section 166(1) of the Act, confirming the reference to the requesting entity at paragraph 166(1)(d) of the Act. This clarifies a report on quality indicators can only be requested by the System Governor, not the Commissioner.

Item 12 – Subsection 166-112(1)

This amendment aligns with section 166(4) of the Act, confirming the reference to the authorising paragraph. Paragraph 166(4)(a) prescribes the collection or generation of information for the purposes of a report under section 166, which concerns requirements for a provider to provide a report on request. 

Item 13 – Subsections 166-220(1) and (5)

This amendment aligns with section 166(1) of the Act, confirming the reference to both the Commissioner and the System Governor when requesting reporting information about complaints and feedback. The amendment confirms the request can originate from both entities.

Item 14 – Subsections 166-310(1), 166-315(1), 166-335(1), 166-340(1) and 166-345(1)

This amendment ensures alignment with section 166(1) of the Act, confirming the reference to the System Governor when requesting reporting information for specified prudential and financial reports.

Item 15 – Subsection 166‑345(13)

This provision requires certain registered providers to publish their general-purpose financial report for the relevant reporting period on their website. It ensures public access to financial information, supporting transparency and accountability. The amendment aligns the subsection with previous requirements in the Accountability Principles 2014 (now repealed), which allow registered providers who do not have an active website to publish the report on an alternative website. Examples may include small-scale registered providers that do not maintain an individual website, or registered providers who may experience a period without an active website.

Item 16 – Subsection 166-360(1)

This amendment aligns with section 166(1) of the Act, confirming the reference to the requesting entity at paragraph 166(1)(d) of the Act so that only the System Governor can request an aged care financial report.

Item 17 – After Paragraph 166-380(b)

This provision requires a registered provider to disclose when they have not complied with any Financial and Prudential Standard. It must include a statement explaining the reasons for the non-compliance. The amendment will include a requirement to confirm compliance with s150A of the Act, and a statement of reasons why they were non-compliant if they have not complied with s150A.

The amendment aligns with previous requirements under the Accountability Principles 2014 (now repealed), requiring reporting by approved providers on their compliance against the Records Standard.

Item 18 – After paragraph 166-380(e)

This provision requires a registered provider to include in its reporting the date on which its liquidity management strategy was last reviewed and assessed. It ensures that there is a clear record demonstrating the currency of the provider’s liquidity oversight. The amendment inserts another paragraph into this provision which ensures the same requirement is followed for the registered provider’s investment management strategy.

Item 19 – Paragraph 166-380(g)

This provision requires a registered provider to include an independent audit opinion on whether they complied with the requirements of this Subdivision during the reporting period. The amendment will clarify and narrow the scope of the audit opinion, to be consistent with requirements under the Accountability Principles 2014 (now repealed). The opinion must cover compliance with the Financial and Prudential Standards and other relevant provisions of the Instrument (including under section 150A of the Act, sections 155‑30 and 155‑35 of this Instrument, and sections 166‑360 to 166‑385 of this Instrument).

Item 20 – Subsections 166‑605(1), 166‑610(1), 166‑615(1), 166‑620(1), 166‑625(1) and 166‑628(1)

This editorial amendment aligns with section 166(1) of the Act, confirming the reference to the requesting entity at paragraph 166(1)(d) of the Act so that only the System Governor can request the various statements and reports under Subdivision F, relating to the Commonwealth Home Support Program.

Item 21 – Subsection 166-635(1)

This amendment aligns with section 166(1) of the Act confirming the reference to the requesting entity at paragraph 166(1)(d) of the Act so that only the System Governor can request the annual financial declaration statement under the National Aboriginal and Torres Strait Islander Flexible Aged Care Program.

Item 22—Subsections 166-640(1), 166-645(1), 166-646(1), 166-725(1), 166-730(1), 166-735(1), 166-745(1), 166-805(1), 166-810(1) and 166-855(1)

This editorial amendment aligns with section 166(1) of the Act, confirming the correct reference is made to the requesting entity at paragraph 166(1)(d) of the Act so that only the System Governor can request the various reports under subdivisions G, H, J, K, L and M. 

The relevant entities subject to these reporting requirements include the National Aboriginal and Torres Strait Islander Flexible Aged Care Program, the Multi-Purpose Service Program, the Transition Care Program, governing bodies of registered providers as specified by subsection 166-800(1), registered nurses working at residential care facilities as specified by subsection 166-850(1), and service delivery branches operated by registered providers under the categories specified in section 166-900.

Item 23 – Section 166‑905

This editorial amendment aligns with section 166(1) of the Act, confirming the reference to the requesting entity at paragraph 166(1)(d) of the Act so that only the System Governor can request reports relating to a provider’s service delivery branch.

Part 5—Chapter 7 amendments

Aged Care Rules 2025

Item 24 – Subsection 194-5(2)

This amendment omits “subsection (2A)”, and substitutes “subsection (4)”.

This and other amendments to section 194-5 which follow provide for modified classification level payment rates for interim places. This ensures that the correct interim place subsidy rate of 60% applies to both sets of classification levels, being Support at Home class and Home Care Package class, for the classification type ongoing for the service group home support. This supports the equitable and timely release of places to individuals so that aged care can be accessed and support structures can be established in a timely manner, while a person awaits a place subject to a full subsidy rate.

Item 25 – Subsection 194-5(2A)

This amendment repeals the subsection 194-5(2A) and is a consequential amendment to the amendment made above at item 24.

Item 26 – Subsection 194-5(3)

This amendment omits “The following”, and substitutes “Subject to subsection (4), the following”, and is a consequential amendment to the amendment made above at Item 24.

Item 27 – At the end of section 194-5

This amendment adds: “If an interim place is in effect for an individual for the classification type ongoing for the service group home support under section 92A of the Act, the base individual amount for the individual is the amount equal to 60% of the amount that applies to the individual under subsection (2) or (3) (as applicable).”

This is a technical amendment which gives effect to the subsidy rule of 60% as explained above. 

Item 28 – Subsection 211-25(4)

This item amends subsection 211‑25(4) by omitting the reference to “the total of the amounts debited from the account while the previous classification level was in effect” and substituting with “the previous tier amount”. The amendment modifies the method for calculating the amount to be credited to an individual’s notional assistive technology account where the individual is approved for a higher classification level, in order to reflect the intended policy position. It replaces an incorrect reference to accumulated debits with a reference to the previous tier amount, ensuring that the calculation of the additional amount to be credited reflects the difference between the new and previous tier amounts.

Item 29 – Subsection 231-18(1)

This amendment provides a small technical change to resolve an oversight on the provision of a residential care fee reduction supplement determination. This requirement previously only refers to a notice being provided to individuals, while both individuals and a registered provider may seek review of such a determination made under section 231-17. This ensures that all parties affected by a decision are aware of a decision, and if they deem it proper, may seek review.

Item 30 – Division 3 of Part 10 of Chapter 7 (heading)

This amendment removes "and mergers" from the heading ‘Division 3 of Part 10 of Chapter 7’. This is an editorial change which separates the different frameworks for the transfer and merger of service delivery branches or approved residential care homes to more clearly separate the subject matter.

Item 31 – Section 263‑5

This amendment repeals and substitutes section 263-5. New subsection 263-5 provides that for the purposes of paragraph 263(1)(a) of the Act, this Division covers the transfer of a service delivery branch of a registered provider to another registered provider.

Item 32 – After section 263‑15

This amendment inserts new ‘Division 4 – Transfer of approved residential care homes’ and ‘Division 5 – mergers of service delivery branches’ after section 263-15. Division 4 includes new sections 263-50 and 263-55. Division 5 includes new section 263A-1.

Section 263-50 provides that for the purposes of paragraph 263(1)(b) of the Act, this Division makes provision for the transfer of an approved residential care home of a registered provider to another registered provider.

Section 263-55 provides for the entitlement to subsidy where an approved residential care home is transferred from one registered provider (the transferor) to another registered provider (the transferee).

Subsection (1) clarifies that this section applies if the Commissioner varies a registration to remove a residential care home and then adds that same home to another provider’s registration.

This deals with the ordinary process by which an approved residential care home is removed and then added to respective provider registrations by the Commission, generally in the context of a sale.

Subsection (2) provides that any entitlement of the transferor to an amount of subsidy, in respect of funded aged care services delivered by the transferor to individuals, through the service group residential care in the home, that is payable, but has not been paid, immediately before the end of the approval period for the home in relation to the transferor, passes to the transferee at the start of the approval period for the home for the transferee. This is to ensure that any entitlement to subsidy that is subsequently found to be owed in respect of a home is transferred to the new owner of the home. It provides certainty on the continuation of arrangements from the Aged Care Act 1997 (now repealed).

This provision supports efficient contractual agreements between registered providers with the result that any historical entitlement amounts are dealt with automatically without further provider involvement. This is particularly relevant in circumstances where a previous registered provider is no longer active.

Section 263A‑1 provides that for the purposes of subsection 263A(1) of the Act, this Division makes provision for the merger of 2 or more service delivery branches of a registered provider into a single service delivery branch of the provider.

Part 6—Chapter 8 amendments

Aged Care Rules 2025

Item 33 – Section 273‑15 (heading)

This amendment omits the words "for directly sourced services” from the heading of section 273-15. This is a technical amendment that reflects that section 273-15 does not only relate to services that are directly sourced, but all services.

Item 34 – Subsection 285A-13(5) (heading)

This amendment omits “service” and substitutes “services” in the heading of the subsection, clarifying the heading.

Part 7—Chapter 9 amendments

Aged Care Rules 2025

Item 35 – Paragraph 287-101(2)(f)

This item adds a new paragraph (f). This amendment provides that a registered provider may use an individual’s accommodation bond to meet reasonable business losses that are incurred in respect of a new approved residential care home during the first subsidy year. This amendment was made to clarify the application of this provision, which is to allow a provider establishing a new service to use accommodation bonds to cover high, upfront fixed costs (including capital, restructure and training costs) before a service reaches a stable level of operation.

Item 36 – At the end of section 287‑101

This section adds a new subsection (5) at the end of section 287-101 to provide that paragraph 287-101(2)(f) of this Instrument does not apply to an approved residential care home if that home was deemed approved on commencement of the Act and that home had already commenced operation immediately before 1 July 2025. This amendment was made to ensure a permitted use does not apply where an approved residential care home is not a new home. The policy intention is to allow a provider establishing a new service to use accommodation bonds to cover high, upfront fixed costs (including capital, restructure and training costs) before a service reaches a stable level of operation.

Item 37 – Section 310-20

This item creates a new section 310-20 for refundable deposits to only be used for permitted purposes. This amendment provides that a registered provider may use an individual’s refundable deposit to meet reasonable business losses that are incurred in respect of a new approved residential care home during the first subsidy year. This amendment was made to clarify the application of this provision, which is to allow a provider establishing a new service to use refundable deposits to cover high, upfront fixed costs (including capital, restructure and training costs) before a service reaches a stable level of operation.

This amendment includes additional subsection (5) to provide that paragraph 310-20(1)(a) of this Instrument does not apply to an approved residential care home if that home was deemed approved on commencement of the Act and that home had already commenced operation immediately before 1 July 2025.

Part 8—Chapter 11 amendments

Aged Care Rules 2025

Item 38 – Paragraphs 343A‑5(3)(a) and (b)

This amendment changes the requirements for what must be included on an aged care needs assessor’s identity card. Aged care needs assessors must carry and produce an identity card to verify the assessor’s authority to carry out an aged care assessment. Identity cards are required to contain the assessment organisation’s name (or abbreviation), the assessor’s name, an expiry date and photo of the assessor on the front of the card.

The back of the card must include the Australian Government logo, the Department of Health, Disability and Ageing’s name, a return address for the card to be returned if found, and a serial number. The back of the identity card must also include the words:

The bearer of this card is an approved needs assessor under the Aged Care Act 2024 and may perform the functions and exercise the powers of an approved needs assessor.

A registered provider delivering funded aged care services under the Aged Care Act 2024 must, in accordance with section 177 of that Act, cooperate with the bearer of this card, including by providing access to an approved residential care home of the provider for the assessor to perform classification assessments and classification reassessments.

Under the Single Assessment System, assessment organisations are authorised to conduct both home support and comprehensive aged care assessments, with state and territory governments delivering hospital‑based assessments. Assessment organisations include state and territory government and commercial providers contracted by the Department.

Where subcontracting arrangements exist, such as with a state or territory government, assessors engaged by the subcontracted entity must carry identity cards displaying that entity’s name and logo. This ensures the assessment organisation meets its legislative obligations and strengthens transparency, trust, and safeguards for older people.

Part 9—Chapter 12 amendments

Aged Care Rules 2025

Item 39 – Subsection 507-30(2)

This section omits “, on the Commission’s website”. The remaining text would provide that the Commissioner may publish the register of banning orders, in whole or in part. This change is in response to stakeholder feedback that a modern regulatory approach may require the Commission to publish more broadly than their own website. This could include, but is not limited to, the websites of other agencies.

Part 10—Chapter 13 amendments

Aged Care Rules 2025

Item 40 – Paragraph 545‑20(c)

This amendment omits the reference to sections 166-10, 166-15, 166-20 and 166-25, and replaces it with the reference to Subdivision A of Division 3 of Part 2 of Chapter 5. This is a technical amendment following the repeal of section 166-20.

Part 11—Chapter 14 amendments

Aged Care Rules 2025

Amendments to section 557-5 of the Rules will expand the list of decisions by the System Governor that are reviewable. These amendments are made in accordance with an undertaking to the Senate Standing Committee for the Scrutiny of Delegated Legislation. These amendments provide for merits review in relation to certain sections of the Rules and better provide for who may apply for review of a decision.

Item 41 – Section 557-5 (column 2 of item 1 of the table)

This amendment provides that the person who may seek review of a decision under subsection 166-335(7) is not the registered provider but is instead the person subject to the decision. This better reflects that it is an individual’s ability to audit which is in dispute, which does not necessarily involve a registered provider’s interests.

Item 42 – Section 557-5 (after item 1 of the table)

This amendment allows merits review of a decision by the System Governor to revoke an approval for a person to audit a care minutes performance statement.

Item 43 – Section 557-5 (column 2 of item 2 of the table)

This amendment provides that the person who may seek review of a decision under subsection 166-350(2) is not the registered provider but is instead the person subject to the decision. This better reflects that it is an individual’s ability to audit which is in dispute, which does not necessarily involve a registered provider’s interests.

Item 44 – Section 557-5 (after item 2 of the table)

This amendment allows merits review of a decision by the System Governor to revoke an approval for a person to audit a general purpose financial report under the Rules.

Item 45 – Section 557-5 (column 2 of item 4 of the table)

This amendment provides that the person who may seek review of a decision under subsection 166-385(2) is not the registered provider but is instead the person subject to the decision. This better reflects that it is an individual’s ability to audit which is in dispute, which does not necessarily involve a registered provider’s interests.

Item 46 – Section 557-5 (after item 4 of the table)

This amendment allows merits review of a decision by the System Governor to revoke an approval for a person to audit an annual prudential compliance statement in the Rules.

Item 47 – Section 557-5 (after item 18 of the table)

This amendment allows merits review of a decision by System Governor relating to compensation:

• that a judgment or settlement is treated as having taken into account the future costs of delivering funded aged care services to an individual, and the part of the compensation under the judgment or settlement that is to be treated as relating to those future costs as well as the part of the compensation under that judgment or settlement that is to be treated as relating to those future costs.
• to determine the part of compensation under a settlement that is to be treated as the future costs of delivering funded aged care services for an individual.
• to determine the transitional compensation payment reduction amount for an individual for a day.

Part 12 – Trial of Subscription services

Aged Care Rules 2025

Part 12 of Schedule 2 of this Instrument creates a legislative basis for the pooled funding trial for the Support at Home Program (the trial). The trial involves individuals accessing certain ongoing home support services on a more flexible or as-needed basis, similar to that of a subscription model. The following amendments add new ‘subscription’ services and service types and establish requirements for access approvals and service agreements. They also create a new provider registration category that can deliver these new services and service types, with specific provider obligations and conditions attached.

Item 48 – Section 5-5

This item inserts new definitions into section 5-5 of the Rules, including definitions for non-subscription service, non-subscription service type, subscription service and subscription service type. These definitions distinguish between services delivered through a subscription funding arrangement and those delivered as standard funded aged care services.

Under section 191 of the Act, non-subscription services are subsidised against the delivery of a service to an individual on a daily basis. In the case of subscription services, the delivery of a subsidised service, as per section 191 of the Act, is the access made available to an individual on a day.

Item 49 – After paragraph 8‑12(a)

This item amends section 8‑12 of the Rules to provide that, for the purposes of subsection 8(2) of the Act, subscription allied health and therapy is a prescribed service type.

Item 50 – After paragraph 8‑12(e)

This item amends section 8‑12 of the Rules to provide that, for the purposes of subsection 8(2) of the Act, subscription domestic assistance is a prescribed service type.

Item 51 – After paragraph 8‑12(i)

This item amends section 8‑12 of the Rules to provide that, for the purposes of subsection 8(2) of the Act, subscription home maintenance and repairs is a prescribed service type.

Item 52 – After paragraph 8‑12(j)

This item amends section 8‑12 of the Rules to provide that, for the purposes of subsection 8(2) of the Act, subscription home or community general respite is a prescribed service type.

Item 53 – After paragraph 8‑12(k)

This item amends section 8‑12 of the Rules to provide that, for the purposes of subsection 8(2) of the Act, subscription meals is a prescribed service type.

Item 54 – After paragraph 8‑12(l)

This item amends section 8‑12 of the Rules to provide that, for the purposes of subsection 8(2) of the Act, subscription nursing care is a prescribed service type.

Item 55 – After paragraph 8‑12(n)

This item amends section 8‑12 of the Rules to provide that, for the purposes of subsection 8(2) of the Act, subscription personal care is a prescribed service type.

Item 56 – After paragraph 8‑12(t)

This item amends section 8‑12 of the Rules to provide that, for the purposes of subsection 8(2) of the Act, subscription social support and community engagement s a prescribed service type.

Item 57 – After paragraph 8‑12(u)

This item amends section 8‑12 of the Rules to provide that, for the purposes of subsection 8(2) of the Act, subscription therapeutic services for independent living is a prescribed service type.

Item 58 – At the end of section 8-12

This item amends section 8‑12 of the Rules to provide that, for the purposes of subsection 8(2) of the Act, subscription transport is a prescribed service type.

Item 59 – After section 8-15

This item inserts new section 8‑16 into the Rules to include the service type subscription allied health and therapy in the service group home support.

The table in section 8-16 lists the specific types of services in the service type subscription allied health and therapy as outlined below.

Item 1 in the table prescribes subscription access to allied health assistance as a service in the service type subscription allied health and therapy. It is described in column 2 as being allied health therapy assistance made available to an individual by way of a subscription arrangement.

Item 2 in the table prescribes subscription access to podiatry as a service in the service type subscription allied health and therapy. It is described in column 2 as being podiatry made available to an individual by way of a subscription arrangement.

Item 3 in the table prescribes subscription access to social work as a service in the service type subscription allied health and therapy. It is described in column 2 as being social work activities made available to an individual by way of a subscription arrangement.

Item 4 in the table prescribes subscription access to speech pathology as a service in the service type subscription allied health and therapy. It is described in column 2 as being speech pathology made available to an individual by way of a subscription arrangement.

Item 5 in the table prescribes subscription access to diet or nutrition as a service in the service type subscription allied health and therapy. It is described in column 2 as being assistance with diet or nutrition made available to an individual by way of a subscription arrangement.

Item 6 in the table prescribes subscription access to Aboriginal or Torres Strait Islander health practitioner assistance as a service in the service type subscription allied health and therapy. It is described in column 2 as being assistance provided by an Aboriginal or Torres Strait Islander health practitioner made available to an individual by way of a subscription arrangement.

Item 7 in the table prescribes subscription access to Aboriginal or Torres Strait Islander Health worker assistance as a service in the service type subscription allied health and therapy. It is described in column 2 as being assistance provided by an Aboriginal or Torres Strait Islander Health worker made available to an individual by way of a subscription arrangement.

Item 8 in the table prescribes subscription access to physiotherapy as a service in the service type subscription allied health and therapy. It is described in column 2 as being physiotherapy made available to an individual by way of a subscription arrangement.

Item 9 in the table prescribes subscription access to psychology as a service in the service type subscription allied health and therapy. It is described in column 2 as being psychology made available to an individual by way of a subscription arrangement.

Item 10 in the table prescribes subscription access to exercise physiology as a service in the service type subscription allied health and therapy. It is described in column 2 as being exercise physiology made available to an individual by way of a subscription arrangement.

Item 11 in the table prescribes subscription access to occupational therapy as a service in the service type subscription allied health and therapy. It is described in column 2 as being occupational therapy made available to an individual by way of a subscription arrangement.

Item 12 in the table prescribes subscription access to counselling or psychotherapy as a service in the service type subscription allied health and therapy. It is described in column 2 as being counselling or psychotherapy made available to an individual by way of a subscription arrangement.

Item 13 in the table prescribes subscription access to music therapy as a service in the service type subscription allied health and therapy. It is described in column 2 as being music therapy made available to an individual by way of a subscription arrangement.

Item 60 – After section 8-35

This item inserts new section 8‑36 into the Rules to include the service type subscription domestic assistance in the service group home support.

The table in section 8-36 lists the specific types of services in the service type subscription domestic assistance and are outlined below.

Item 1 in the table prescribes subscription access to general house cleaning as a service in the service type subscription domestic assistance. It is described in column 2 as being general house cleaning as described in item 1 of the table in section 8-35 made available to an individual by way of a subscription arrangement.

Item 2 in the table prescribes subscription access to laundry services as a service in the service type subscription domestic assistance. It is described in column 2 as being laundry services as described in item 2 of the table in section 8-35 made available to an individual by way of a subscription arrangement.

Item 3 in the table prescribes subscription access to shopping assistance as a service in the service type subscription domestic assistance. It is described in column 2 as being shopping assistance as described in the item 3 of the table in section 8-35 made available to an individual by way of a subscription arrangement.

Item 61 – After section 8-45

This item inserts new section 8‑46 into the Rules to include the service type subscription home maintenance and repairs in the service group home support.

The table in section 8-46 lists the specific types of services in the service type subscription home maintenance and repairs as outlined below.

Item 1 in the table prescribes subscription access to gardening as a service in the service type subscription home maintenance and repairs. It is described in column 2 as being gardening as described in item 1 of the table in section 8-45 made available to an individual by way of a subscription arrangement.

Item 2 in the table prescribes subscription access to assistance with home maintenance and repairs as a service in the service type subscription home maintenance and repairs. It is described in column 2 as being assistance with home maintenance and repairs as described in item 2 of the table in section 8-45 made available to an individual by way of a subscription arrangement.

Item 62 – After section 8-50

This item inserts new section 8‑51 into the Rules to include the service type subscription home or community general respite in the service group home support.

The table in section 8-51 lists the specific types of services in the service type subscription home or community general respite as outlined below.

Item 1 in the table prescribes subscription access to flexible respite as a service in the service type subscription home or community general respite. It is described in column 2 as being flexible respite as described in item 1 of the table in section 8-50 made available to an individual by way of a subscription arrangement.

Item 2 in the table prescribes subscription access to community and centre-based respite as a service in the service type subscription home or community general respite. It is described in column 2 as being community and centre-based respite as described in item 2 of the table in section 8-50 made available to an individual by way of a subscription arrangement.

Item 63 – After section 8-55

This item inserts new section 8‑56 into the Rules to include the service type subscription meals in the service group home support.

The table in section 8-56 lists the specific types of services in the service type subscription meals as outlined below.

Item 1 in the table prescribes subscription access to meal delivery as a service in the service type subscription meals. It is described in column 2 as being meal delivery as described in item 1 of the table in section 8-55 made available to an individual by way of a subscription arrangement.

Item 2 in the table prescribes subscription access to meal preparation as a service in the service type subscription meals. It is described in column 2 as being meal preparation as described in item 2 of the table in section 8-55 made available to an individual by way of a subscription arrangement.

Item 64 – After section 8-60

This item inserts new section 8‑61 into the Rules to include the service type subscription nursing care in the service group home support. The services that are included are reflected in table form.

Item 1 in the table prescribes subscription access to registered nurse clinical care as a service in the service type subscription nursing care. It is described in column 2 as being registered nurse clinical care as described in item 1 of the table in section 8-60 made available to an individual by way of a subscription arrangement.

Item 2 in the table prescribes subscription access to enrolled nurse clinical care as a service in the service type subscription nursing care. It is described in column 2 as being enrolled nurse clinical care as described in item 2 of the table in section 8-60 made available to an individual by way of a subscription arrangement.

Item 3 in the table prescribes subscription access to nursing assistant clinical care as a service in the service type subscription nursing care. It is described in column 2 as being nursing assistant clinical care as described in item 3 of the table in section 8-60 made available to an individual by way of a subscription arrangement.

Item 65 – After section 8-70

This item inserts new section 8‑71 into the Rules to include the service type subscription personal care in the service group home support. The services that are included are reflected in table form.

Item 1 in the table prescribes subscription access to assistance with self‑care and activities of daily living as a service in the service type subscription personal care. It is described in column 2 as being assistance with self‑care and activities of daily living as described in item 1 of the table in section 8-70 made available to an individual by way of a subscription arrangement.

Item 2 in the table prescribes subscription access to assistance with self‑administration of medications as a service in the service type subscription personal care. It is described in column 2 as being assistance with self‑administration of medications as described in item 2 of the table in section 8-70 made available to an individual by way of a subscription arrangement.

Item 3 in the table prescribes subscription access to continence management (non‑clinical) as a service in the service type subscription personal care. It is described in column 2 as being continence management (non‑clinical) as described in item 3 of the table in section 8-70 made available to an individual by way of a subscription arrangement.

Item 66 – After section 8-80

This item inserts new section 8‑81 into the Rules to include the service type subscription social support and community engagement in the service group home support. The services that are included are reflected in table form.

Item 1 in the table prescribes subscription access to group social support as a service in the service type subscription social support and community engagement. It is described in column 2 as being group social support as described in item 1 of the table in section 8-80 made available to an individual by way of a subscription arrangement.

Item 2 in the table prescribes subscription access to individual social support as a service in the service type subscription social support and community engagement. It is described in column 2 as being individual social support as described in item 2 of the table in section 8-80 made available to an individual by way of a subscription arrangement.

Item 3 in the table prescribes subscription access to accompanied activities as a service in the service type subscription social support and community engagement. It is described in column 2 as being accompanied activities as described in item 3 of the table in section 8-80 made available to an individual by way of a subscription arrangement.

Item 4 in the table prescribes subscription access to cultural support as a service in the service type subscription social support and community engagement. It is described in column 2 as being cultural support as described in item 4 of the table in section 8-80 made available to an individual by way of a subscription arrangement.

Item 5 in the table prescribes subscription access to digital education and support as a service in the service type subscription social support and community engagement. It is described in column 2 as being digital education and support as described in item 5 of the table in section 8-80 made available to an individual by way of a subscription arrangement.

Item 6 in the table prescribes subscription access to assistance to maintain personal affairs as a service in the service type subscription social support and community engagement. It is described in column 2 as being maintain personal affairs as described in item 6 of the table in section 8-80 made available to an individual by way of a subscription arrangement.

Item 7 in the table prescribes subscription access to expenses to maintain personal affairs as a service in the service type subscription social support and community engagement. It is described in column 2 as being maintain personal affairs as described in item 7 of the table in section 8-80 made available to an individual by way of a subscription arrangement.

Item 67 – After section 8-85

This item inserts new section 8‑86 into the Rules to include the service type subscription therapeutic services for independent living in the service group home support. The services that are included are reflected in table form.

Item 1 in the table prescribes subscription access to acupuncture as a service in the service type subscription therapeutic services for independent living. It is described in column 2 as being acupuncture as described in item 1 of the table in section 8-85 made available to an individual by way of a subscription arrangement.

Item 2 in the table prescribes subscription access to chiropractics as a service in the service type subscription therapeutic services for independent living. It is described in column 2 as being chiropractics as described in item 2 of the table in section 8-85 made available to an individual by way of a subscription arrangement.

Item 3 in the table prescribes subscription access to diversional therapy as a service in the service type subscription therapeutic services for independent living. It is described in column 2 as being diversional therapy as described in item 3 of the table in section 8-85 made available to an individual by way of a subscription arrangement.

Item 4 in the table prescribes subscription access to remedial massage as a service in the service type subscription therapeutic services for independent living. It is described in column 2 as being remedial massage as described in item 4 of the table in section 8-85 made available to an individual by way of a subscription arrangement.

Item 5 in the table prescribes subscription access to art therapy as a service in the service type subscription therapeutic services for independent living. It is described in column 2 as being art therapy as described in item 5 of the table in section 8-85 made available to an individual by way of a subscription arrangement.

Item 6 in the table prescribes subscription access to osteopathy as a service in the service type subscription therapeutic services for independent living. It is described in column 2 as being osteopathy as described in item 6 of the table in section 8-85 made available to an individual by way of a subscription arrangement.

Item 68 – At the end of Division 2 of Part 3 of Chapter 1

This item inserts new section 8‑91 into the Rules to include the service type subscription transport in the service group home support. The services that are included are reflected in a table.

Item 1 in the table prescribes subscription access to direct transport in the service type subscription transport. It is described in column 2 as being direct as described in item 1 of the table in section 8-90 made available to an individual by way of a subscription arrangement.

Item 69 – Section 8-100 (heading)

This item amends the heading to section 8‑100 of the Rules by inserting the word “non‑subscription” before “service”. The amendment clarifies that section 8-100 applies specifically to non‑subscription service types, distinguishing these from subscription service types introduced for the purposes of the trial.

Item 70 – Section 8-105 (heading)

This item amends the heading to section 8‑105 of the Rules by inserting the word “non‑subscription” before “service”. The amendment clarifies that section 8-105 applies specifically to non‑subscription service types, distinguishing these from subscription service types introduced for the purposes of the trial.

Item 71 – At the end of Division 3 of Part 3 of Chapter 1

This item inserts new section 8‑106 into the Rules. Section 8‑106 provides for other specified matters relating to subscription service types, including the service group in which the service types sit, the provider registration category under which they may be delivered, and the means testing category that applies to each service type. These matters are set out in a table.

Item 1 of the table provides that the service type subscription allied health and therapy is in the service group home support and can be delivered by providers registered in the provider registration category subscription trial. The means testing category for this service type is clinical supports.

Item 2 of the table provides that the service type subscription domestic assistance is in the service group home support and can be delivered by providers registered in the provider registration category subscription trial. The means testing category for this service type is everyday living.

Item 3 of the table provides that the service type subscription home maintenance and repairs is in the service group home support and can be delivered by providers registered in the provider registration category subscription trial. The means testing category for this service type is everyday living.

Item 4 of the table provides that the service type subscription home or community general respite is in the service group home support and can be delivered by providers registered in the provider registration category subscription trial. The means testing category for this service type is independence.

Item 5 of the table provides that the service type subscription meals is in the service group home support and can be delivered by providers registered in the provider registration category subscription trial. The means testing category for this service type is everyday living.

Item 6 of the table provides that the service type subscription nursing care is in the service group home support and can be delivered by providers registered in the provider registration category subscription trial. The means testing category for this service type is clinical supports.

Item 7 of the table provides that the service type subscription personal care is in the service group home support and can be delivered by providers registered in the provider registration category subscription trial. The means testing category for this service type is independence.

Item 8 of the table provides that the service type subscription social support and community engagement is in the service group home support and can be delivered by providers registered in the provider registration category subscription trial. The means testing category for this service type is independence.

Item 9 of the table provides that the service type subscription therapeutic services for independent living is in the service group home support and can be delivered by providers registered in the provider registration category subscription trial. The means testing category for this service type is independence.

Item 10 of the table provides that the service type subscription transport is in the service group home support and can be delivered by providers registered in the provider registration category subscription trial. The means testing category for this service type is independence.

Item 72 – At the end of section 11-5 (before the note)

This item amends section 11‑5 of the Rules to insert a new provider registration category, subscription trial, into the list of prescribed provider registration categories for the purposes of paragraph 11(3)(b) of the Act. Creating a new provider registration category allows for the System Governor to functionally limit the delivery of subscription services and service types to those registered providers who are registered in the new registration category. These providers will only be those who are selected to participate in the trial.

Item 73 – Before subsection 15-5(1)

This item inserts a subheading, “Standards 1 to 4”, before subsection 15‑5(1) of the Rules. The insertion of this subheading clarifies that subsection 15‑5(1) deals with the application of Standards 1 to 4 of the Aged Care Quality Standards.

Item 74 – After subsection 15-5(1)

This item inserts new subsection 15‑5(1A) to provide that Standards 1 to 4 apply to a registered provider in the subscription trial category where the provider is also registered in a category to which those standards already apply, ensuring consistent quality requirements for corresponding subscription services.

This item also inserts a subheading, “Standard 5”, before subsection 15‑5(2) of the Rules. The clarifies that subsection 15‑5(2) deals with the application of Standard 5 of the Aged Care Quality Standards.

Item 75 – After subsection 15-5(2)

This item inserts new subsection 15‑5(2A) to provide that Standard 5 applies to a registered provider in the subscription trial category where the provider is also registered in the provider registration category nursing and transition care. This ensures consistent application of clinical governance requirements for relevant subscription services.

Item 76 – After subsection 15-5(3)

This item inserts a subheading, “Standards 6 and 7”, before subsection 15‑5(4) of the Rules. The insertion of this subheading clarifies that subsection 15‑5(4) deals with the application of Standards 6 and 7 of the Aged Care Quality Standards.

Item 77 – Section 64-10 (heading)

This item repeals and substitutes the heading to section 64‑10 to clarify that the provision applies to other circumstances relating to individuals accessing funded aged care services other than through the service group residential care.

Item 78 – After section 64-10

This item inserts new section 64‑11 to prescribe additional circumstances for the purposes of subparagraph 64(1)(c)(ii) of the Act for individuals wishing to access subscription services.

The new section sets out the conditions that must be satisfied for an individual accessing funded aged care services to seek reassessment to access a subscription service type or service. These include:

• the individual already has an access approval and classification for the service group home support
• the individual’s existing access approval covers a corresponding non‑subscription service type or service
• the services are delivered, or proposed to be delivered, by a provider participating in the subscription trial
• the provider has explained the parameters of access under the subscription arrangement
• the individual has requested access to subscription services and consented to the collection of personal information for evaluation purposes.

Given that the trial deviates from standard non-subscription service delivery that individuals participating in the trial would otherwise access, it is important for individuals to provide informed consent on what participation in the trial will involve. In turn, this demonstrates that the individual has a need for those services, and that it corresponds to the non-subscription service type or service that they already have, therefore making that need an ‘assessed need’.

Subsection 64-11(e)(ii) prescribes that individuals must consent to the collection of personal information for the ‘purposes of evaluation’. This gives effect to services delivered through a trial of a new funding model, which must be comprehensively evaluated to determine its effectiveness and suitability for further implementation. It is therefore reasonably necessary for personal information (including sensitive information), to be collected in accordance with the relevant Australian Privacy Principles to complete the evaluation.

Item 79 – After paragraph 65-5(a)

This item amends section 65‑5 of the Rules to insert subscription allied health and therapy as a prescribed service type for the purposes of subparagraph 65(2)(b)(ii) of the Act.

This amendment ensures consistency in the application of the requirements to existing services, or service types, or registration categories to the corresponding subscription services, or service types under the registration category subscription trial.

Item 80 – At the end of section 65-5

This item amends section 65‑5 of the Rules to insert subscription therapeutic services for independent living as a prescribed service type.

Item 81 – After Subdivision A of Division 3 of Part 2 of Chapter 2

This item inserts new Subdivision AB, including section 69‑5, to provide conditions for approvals of subscription service types and subscription services.

New section 69‑5 applies where conditions are included on the approval of a subscription service type or subscription service for an individual under subsection 69(1) of the Act.

Subsection 69‑5(2) prescribes that the relevant kind of registered provider is a provider registered in the provider registration category subscription trial.

This amendment ensures consistency in the application of the requirements on existing services, or service types, or registration categories to the corresponding subscription services, or service types under the registration category subscription trial.

Item 82 – Section 109-25 (heading)

This item amends the heading to section 109‑25 by inserting the words “for registration, renewal or variation of registration”. The amendment clarifies the scope of applications to which the provision applies.

Item 83 – At the end of subsection 109-25

This item inserts new subsection 109‑25(5) to provide that section 109‑25 does not apply to an application to the extent that the application relates to the renewal or variation of registration in the provider registration category subscription trial. This is because other items included in this Instrument mean that a provider can only be registered in the registration category subscription trial if they are already registered in the equivalent registration categories for non-subscription services.

Item 84 – At the end of Subdivision B of Division 1 of Part 2 of Chapter 3

This item inserts new sections 109‑30 and 109‑35 to prescribe additional requirements, and exemptions from certain requirements, for applications relating to the provider registration category subscription trial. New section 109‑30 prescribes, for the purposes of paragraph 109(2)(e) of the Act, additional requirements for a registered provider applying for the renewal or the variation of registration to include the provider registration category subscription trial.

Subsection 109-30(2) requires that the registered provider must:

• have been invited by the System Governor to be the recipient of a grant of financial assistance to support the delivery of funded aged care services under the subscription trial, and the System Governor has not withdrawn the invitation
• the provider’s registration covers each corresponding non-subscription service for any subscription service the provider delivers or proposes to deliver. This ensures regulatory alignment between subscription services and existing service types.

This limits the providers who will be registered to deliver services in this category to providers which the System Governor has agreed should be part of the trial. The process by which the System Governor decides which registered providers should be part of the trial is intended to be through the grant opportunity ‘Support at Home Pooled Funding Trial’ (GO8248), which awards funding to compensate successful applicants for the additional administrative costs incurred by managing and delivering the trial. For clarity, the grant agreement is for a specific period and is currently intended to end on 1 July 2028.

For the avoidance of doubt, this funding will be paid in addition to the subsidy that providers will be eligible for when delivering subscription services through the trial.

New section 109‑35 provides that the requirements in subsection 109(2)(a), (b) and (c) of the Act do not apply to applications to the extent that they relate to renewal or variation of registration in the provider registration category subscription trial.

Item 85 – Section 146-5

This item clarifies the kinds of registered providers that must comply with the Aged Care Quality Standards.

Paragraph 146‑5(a) provides that a registered provider registered in any of the following provider registration categories is prescribed:

• personal and care support in the home or community
• nursing and transition care
• residential care.

Paragraph 146‑5(b) extends the application of the Aged Care Quality Standards to registered providers in the provider registration category subscription trial, where the provider is also registered in either the personal and care support in the home or community or nursing and transition care categories.

This amendment ensures consistency in the application of the requirements on existing services, or service types, or registration categories to the corresponding subscription services, or service types under the registration category subscription trial.

Item 86 – Section 147-10

This item clarifies the kinds of registered providers that must have a continuous improvement plan.

Paragraph 147‑10(a) prescribes the provider registration categories to which the requirement applies, being:

• personal and care support in the home or community
• nursing and transition care
• residential care.

Paragraph 147‑10(b) extends the requirement to registered providers in the provider registration category subscription trial where the provider is also registered in either the personal and care support in the home or community or nursing and transition care categories.

This amendment ensures consistency in the application of the requirements on existing services, or service types, or registration categories to the corresponding subscription services, or service types under the registration category subscription trial.

Item 87 – Section 148-20 (heading)

This item amends the heading to section 148‑20 by replacing the reference to specific provider registration categories with a reference to “certain provider registration categories”. The amendment updates the heading to reflect the application to a broader range of provider registration categories, including those introduced for the trial.

Item 88 – Paragraph 148-20(1)(b)(i)

This item is a technical amendment that omits the words “in the service type meals” in subparagraph 148‑20(1)(b)(i). This is a technical amendment as these words are redundant in the circumstances.

Item 89 – Paragraph 148-20(1)(b)(ii)

This item amends paragraph 148‑20(1)(b)(ii) by omitting the words “in the service type home or community general respite”. This is a technical amendment as these words are redundant in the circumstances.

Item 90 – After subsection 148-20(1)

This item inserts subsection 148‑20(1A) to extend the application of section 148‑20 to providers delivering certain subscription services.

Subsection 148‑20(1A) provides that the section also applies to a registered provider that:

• is registered in the subscription trial category
• is also registered in a provider registration category already referred to in paragraph 148‑20(1)(a)
• delivers specified subscription services, being subscription access to meal delivery or subscription access to community and centre‑based respite.

This amendment ensures consistency in the application of the requirements on existing services, or service types, or registration categories to the corresponding subscription services, or service types under the registration category subscription trial.

Item 91 – Subsections 148-20(2), (3) and (4)

This item amends subsections 148‑20(2), (3) and (4) by replacing the reference to “the funded aged care services mentioned in paragraph (1)(b)” with “a funded aged care service referred to in paragraph (1)(b) or (1A)(c)”. The amendment expands the application of these requirements to also cover the subscription services captured by new subsection 148‑20(1A).

Item 92 – Section 148-25

This item repeals section 148-25 and substitutes this with a new section 148-25 to clarify the application of requirements relating to service delivery equipment and to extend those requirements to providers delivering services under the subscription trial category.

Subsection 148‑25(1) provides that the section applies to a registered provider in the provider registration categories:

• home and community services
• assistive technology and home modifications
• advisory and support services.

Subsection 148‑25(2) extends the application of the section to a registered provider that:

• is registered in the provider registration category subscription trial
• is also registered in a provider registration category referred to in subparagraph (1)(a)(i) or (iii)
• delivers funded aged care services under the provider registration category subscription trial.

Subsection 148‑25(3) provides the requirement that where a provider uses, or supplies, equipment in delivering services, the provider must ensure that the equipment is safe and meets the needs of the individual at the time the service is delivered. This amendment ensures consistency in the application of the requirements to existing services, or service types, or registration categories to the corresponding subscription services, or service types under the registration category subscription trial.

Item 93 – Section 148-30 (heading)

This item amends the heading to section 148‑30 by replacing “provider registration category home and community services, assistive technology and home modifications or advisory and support services” with “certain provider registration categories”.

Item 94 – After subsection 148-30(1)

This item inserts new subsection 148‑30(1A) to extend the application of section 148‑30 to providers delivering services under the subscription trial category. Subsection 148‑30(1A) provides that the section also applies to a registered provider that is registered in the subscription trial category where the provider is also registered in a provider registration category referred to in subparagraph (1)(a) or (c).

This amendment ensures consistency to the application of the requirements on existing services, or service types, or registration categories to the corresponding subscription services, or service types under the registration category subscription trial.

Item 95 – Subsection 148-30(2)

This item is a technical amendment to subsection 148‑30(2) to replace the reference to provider registration categories “listed in subsection (1)” with “referred to in subsection (1) or (1A)”. The amendment extends the application of the section to providers registered in the provider registration category subscription trial.

This amendment ensures consistency in the application of the requirements to existing services, or service types, or registration categories to the corresponding subscription services, or service types under the registration category subscription trial.

Item 96 – After subsection 148-70(4)

This item inserts subsection 148‑70(4A) to prescribe additional requirements for service agreements that include subscription services.

Subsection 148‑70(4A) requires that, where a service agreement includes a subscription service, the agreement must set out the parameters of the access provided under the subscription arrangement. This includes, as applicable:

• the days during which the access will be provided
• the periods on those days during which access will be provided
• any limits on how often the service may be accessed
• whether access is provided on a group basis.

The service agreement must also include:

• a statement indicating whether the individual consents to the collection of personal information for the purpose of evaluating the delivery of the subscription service
• a statement that the individual may cease to access the subscription service by giving notice in writing to the provider stating the day that the individual wishes the cessation to take effect
• a statement of the effect of subsections 11A(2) to (4) of the Act and section 11A-5 of this Instrument (dealing with when non delivery of funded aged care services is taken to be delivery of funded aged care services).

Similar to the requirement outlined in subparagraph 64-11(e)(ii), paragraph 148-70(4A)(b) prescribes a statement is included as to whether individuals consent to the collection of personal information for the ‘purposes of evaluation’. Including this provision in a service agreement allows for active and ongoing consent from an individual for this purpose. The provision also recognises that consent can be withdrawn at any time. Again, this approach gives effect to services delivered through a trial of a new funding model, which must be comprehensively evaluated to determine its effectiveness and suitability for further implementation. It relates to the functions of the System Governor, which supports ongoing improvements to aged care. It is reasonably necessary for personal information (including sensitive information) to be collected in accordance with the relevant Australian Privacy Principles to complete the evaluation.

Paragraph 148-70(4A)(c) makes explicit a consumer protection available to the individual when accessing subscription services, which is the individual’s ability to cease their access (and therefore their payments against their ongoing budgets) if they no longer wish to utilise this particular subscription service through the trial.

Item 97 – Subsection 148-80(1) (at the end of the heading)

This item amends the heading to subsection 148‑80(1) by inserting “—all registered providers” at the end of the heading. This clarifies that the provision applies to all registered providers.

Item 98 – Subsection 148-80(2) (at the end of the heading)

This item amends the heading to subsection 148‑80(2) by inserting “—certain registered providers” at the end of the heading to clarify the scope of the provision.

Item 99 – Subsection 148-80(2)

This item amends subsection 148‑80(2) by inserting “or (6)” after “subsection (5)”. This amendment extends the application of the provision to providers registered in the registration category “subscription trial” to whom subsection (6) applies.

Item 100 – Subsection 148-80(3) (at the end of the heading)

This item amends the heading to subsection 148‑80(3) by inserting “—certain registered providers” at the end of the heading to clarify the scope of the provision.

Item 101 – Subsection 148-80(3)

This item amends subsection 148‑80(3) by inserting “or (6)” after “subsection (5)”.

This amendment extends the application of the provision to providers registered in the registration category “subscription trial” to whom subsection (6) applies.

Item 102 – Subsection 148-80(4) (at the end of the heading)

This item amends the heading to subsection 148‑80(4) by inserting “—all registered providers” at the end of the heading. This clarifies that the provision applies to all registered providers.

Item 103 – Before subsection 148-80(5)

This item inserts a subheading, “Registered providers that are subject to subsections (2) and (3)”, immediately before subsection 148‑80(5).

Item 104 – After subsection 148-80(5) (before the notes)

This item inserts new subsection 148‑80(6) to extend the application of subsections (2) and (3) to registered providers in the provider registration category subscription trial, where the provider is also registered in the provider registration categories home and community services or advisory and support services. This ensures that requirements relating to the development and review of care and services plans apply consistently to providers delivering subscription services.

Item 105 – At the end of subsection 148-85(1)

This item amends subsection 148‑85(1) to include the provider registration category subscription trial in the list of providers to whom the section applies. The amendment ensures that providers participating in the trial are subject to the same requirements for care and services plans as providers delivering corresponding non‑subscription services.

Item 106 – At the end of Subdivision D of Division 4 of Part 4 of Chapter 4

This item inserts section 149‑48 to prescribe requirements for ceasing the delivery of subscription services.

Section 149‑48 provides that a registered provider must not cease delivering a particular subscription service to an individual unless the provider ceases to deliver funded aged care services to the individual in accordance with section 149-35, or the individual has given written notice in relation to the cessation of that service as referred to in paragraph 148-70(4A)(c).

Item 107 – At the end of subsection 155-20(1)

This item amends subsection 15520(1) to include the provider registration category subscription trial in the list of providers to whom the section applies. The amendment ensures that providers delivering services under the trial are subject to the same obligations under this section as providers delivering corresponding non‑subscription services.

Item 108 – At the end of subsection 155-40(1)

This item amends subsection 155‑40(1) to include the provider registration category subscription trial in the list of providers to whom the section applies. The amendment ensures that providers delivering services under the trial are also required to provide monthly statements in the manner prescribed by this section, consistent with providers delivering corresponding non‑subscription services.

Item 109 – After section 155-40

This item inserts section 155‑41 to prescribe additional information to be provided with monthly statements for subscription services. It does not replace the need for a registered provider to give an individual participating in the trial a monthly statement.

Subsection 155‑41(1) provides that the section applies where a registered provider:

• is registered in the provider registration category subscription trial
• is required to give a monthly statement detailing the funded aged care services delivered to an individual as required under subsection 155‑40(3)
• the services include a subscription service.

Subsection 155‑41(2) provides that the registered provider must give the individual, for each subscription service, a statement of the use that the individual made of the service in the month. This includes information about:

• each day the individual accessed the service made available to the individual by the subscription service
• for each day the individual accessed the service made available to the individual by the subscription service:
  • the number of hours on the day the individual accessed the service
  • whether the service was delivered by an associated provider of the registered provider
• for the month, the total number of hours that the individual accessed the service made available to the individual by the subscription service.

This provision offers transparency to an individual who is participating in the trial on the duration and frequency of the services they are accessing through the trial, mirroring the data that would usually be collected by the standard monthly statement.

Subsection 155‑41(3) provides that the registered provider must give the statement under subsection (2) at the same time as the individual’s monthly statement under subsection 155‑40(3).

Item 110 – At the end of subsection 155-45(1)

This item amends subsection 155‑45(1) to include the provider registration category subscription trial in the list of providers to whom the section applies. The amendment ensures that providers delivering services under the trial are subject to the same obligations to provide a final monthly statement as providers delivering corresponding non‑subscription services.

Item 111 – At the end of subsection 155-50(1)

This item amends subsection 155‑50(1) to include the provider registration category subscription trial in the list of providers to whom the section applies. The amendment ensures that providers delivering services under the trial are subject to the same requirements to prepare, provide and review individualised budgets as providers delivering corresponding non‑subscription services.

Item 112 – At the end of subsection 155-60(1)

This item amends subsection 155‑60(1) to include the provider registration category subscription trial in the list of providers to whom the section applies. The amendment ensures that providers delivering services under the trial are subject to the same obligations to provide general information set out in section 150-60 as providers delivering corresponding non‑subscription services.

Item 113 – At the end of subsection 155-70(1)

This item amends subsection 155‑70(1) to include the provider registration category subscription trial in the list of providers to whom the section applies. The amendment ensures that providers delivering services under the trial are subject to the same obligations to provide information set out in section 150-70 as providers delivering corresponding non‑subscription services.

Item 114 – At the end of subsection 164-1(1)

This item amends subsection 164-1 to include the provider registration category subscription trial in the list of providers to whom the incident management condition applies in accordance with section 164 of the Act.

This amendment ensures consistency in the application of the requirements on existing services, or service types, or registration categories to the corresponding subscription services, or service types under the registration category subscription trial.

Item 115 – After subsection 166-205(1)

This item inserts subsection 166‑205(1A) to extend the application of the Subdivision (complaints and feedback management report) to providers in the provider registration category subscription trial.

Subsection 166‑205(1A) provides that the Subdivision also applies to a registered provider registered in the provider registration category subscription trial where the provider is also registered in either the personal and care support in the home or community or nursing and transition care categories.

This amendment ensures consistency in the application of the requirements on existing services, or service types, or registration categories to the corresponding subscription services, or service types under the registration category subscription trial.

Item 116 – Section 167-10 (column 1 of table item 7)

This item amends table item 7 in section 167‑10 by replacing the words “in the following” with “in any of the following”. The amendment clarifies that the provision applies to a provider registered in one or more of the listed provider registration categories.

Item 117 – Section 167-10 (at the end of column 1 of table item 7)

This item amends table item 7 in section 167‑10 to include the provider registration category subscription trial. The amendment ensures that providers registered in the provider registration category subscription trial are required to notify the Commissioner of relevant changes to intended service types, consistent with providers registered in existing service delivery categories.

Item 118 – Section 167-10 (column 1 of table item 8)

This item amends table item 8 in section 167‑10 by replacing the words “in the following” with “in any of the following”. The amendment clarifies that the provision applies to a provider registered in one or more of the listed provider registration categories.

Item 119 – Section 167-10 (after table item 8)

This item inserts item 8A into the table in section 167‑10 to prescribe additional notification requirements for certain providers registered in the provider registration category in the subscription trial.

Item 8A applies to a registered provider that is registered in the provider registration category subscription trial and delivers funded aged care services in specified subscription service types, including:

• subscription allied health and therapy
• subscription home or community general respite
• subscription personal care
• subscription therapeutic services for independent living
• subscription nursing care.

The item requires these providers to notify the Commissioner of changes in their arrangements with associated providers. This amendment ensures consistency in the application of the requirements on existing services, or service types, or registration categories to the corresponding subscription services, or service types under the registration category subscription trial.

Item 120 – Subsection 167-55(1)

This item amends subsection 167‑55(1) to clarify that the provision applies to both item 8 and item 8A in the table in section 167‑10; that is both subscription and non-subscription services.

Item 121 – Subsection 167-55(2)

This item repeals subsection 167‑55(2) and inserts new subsections (2) and (2A), to clarify the scope of arrangements with associated providers that must be notified to the Commissioner.

Subsection 167‑55(2) provides that the exclusions set out in subsection 167‑55(1) do not apply only to arrangements

• relating to the supply of labour under a labour hire arrangement
• the delivery of services that support the management or governance function of the registered provider.

Subsection 167‑55(2A) provides that subsection 167-55(1) applies only to arrangements for the delivery of:

• services in service types associated with the provider registration categories residential care, personal and care support in the home or community, and nursing and transition care
• specified subscription service types, including:
  • subscription allied health and therapy
  • subscription home or community general respite
  • subscription personal care
  • subscription therapeutic services for independent living
  • subscription nursing care.

Part 13—Indexation amendments

Aged Care Rules 2025

Part 13 of Schedule 2 amends the Rules to update a range of monetary amounts, rates, and supplements to reflect indexation from 1 July 2026.

The amendments operate by repealing and substituting tables and amounts across multiple provisions to ensure that subsidy settings, supplements and caps remain aligned with current cost settings.

These amendments do not alter policy intent. Their effect is to maintain the real value of payments and contributions across the aged care system.

Item 122 – Subsection 194 5(2) (table)

This amendment repeals and substitutes the table in subsection 194-5(2) which sets out the base individual amounts for individuals who have a non‑transitional classification levels (SAH classes 1-8) for the service group home support ongoing.

The effect of this amendment is to increase the daily subsidy payable in respect of individuals receiving ongoing home support services.

Item 123 – Subsection 194‑5(3) (table)

This amendment repeals and substitutes the table in subsection 195-5(3) which sets out the base individual amounts for individual who have a transitional classification level (HCP classes 1 to 4).

The effect of this amendment is to apply indexation to subsidy amounts for individuals who current receive services under a transitioned Home Care Package.

Item 124 – Subsection 194‑10(2) (table)

This amendment repeals and substitutes the table in subsection 194-10(2) which sets out the base individual amounts for Restorative Care and End‑of‑Life pathways.

The amendment increases the amounts payable for these pathways, ensuring that higher‑intensity or specialised care continues to be appropriately funded.

Item 125 – Subsection 204‑5(2) (table)

This amendment repeals and substitutes the table in subsection 204-5(2) which sets out the base provider amounts for non‑transitional classification levels for the service group home support ongoing (SAH classes 1-8).

The effect is to increase the provider component of subsidy payments, maintaining alignment with cost movements in service delivery.

Item 126 – Subsection 204-5(3) (table)

This amendment repeals and substitutes the table in subsection 204-5(3) which sets out the base provider amounts for transitional classification levels (HCP classes 1 to 4)

This ensures that provider funding for transitional Home Care Package participants is indexed consistently with non-transitional arrangements.

Item 127 – Section 212-5 (table)

This amendment repeals and replaces the table in section 212-5 which sets out the tier amount for assistance dogs.

The amendment increases the available funding amount, ensuring that support for assistance animals reflects current costs.

Item 128 – Section 212-10 (table)

This amendment repeals and replaces the table in section 212-10 which sets out the tier amounts for the classification type short term for the service group assistive technology.

The effect is to increase funding caps for assistive technology, improving access to necessary equipment.

Item 129 – Subsection 221-5(1) (table)

This amendment repeals and substitutes the table in subsection 221-5(1) which sets out the tier amounts for the classification type short term for the service group home modifications.

The amendment increases funding levels for home modifications, assisting individuals to live safely and independently in their homes.

Item 130 – Section 249-25 (table)

This amendment repeals and substitutes the table in section 249-25 which sets out the aged care wage supplement amounts for particular registered providers.

The amendment increases these amounts to support growth in workforce costs.

Item 131 – Subsection 249-30(1) (table)

This amendment repeals and substitutes the table in subsection 249-30(1) which sets out the direct care supplement amounts by Modified Monash Model classification.

The amendment adjusts regional payments to reflect differences in service delivery costs across locations.

Item 132 – Subsection 249-35(3) (table)

This amendment repeals and substitutes the table subsection 249-35(3) which sets out the additional amounts based on Accessibility/Remoteness Index of Australia (remoteness) values.

The amendment increases loadings for more remote areas, supporting service viability in higher cost regions.

Item 133 – Subsection 249-35(4) (table)

This amendment repeals and substitutes the table in subsection 249-35 which sets out additional amounts based on Modified Monash categories.

The amendment further refines geographic loadings to ensure accurate recognition of regional cost pressures.

Item 134 – Section 249-40 (table)

This amendment repeals and substitutes the table in section 249-40 which sets out the amount to be used when calculating the residential care place amount for an approved residential care home of a Multi-Purpose Services registered provider.

The effect is to update region specific funding adjustments, ensuring they reflect indexed cost differences across Australia.

Item 135 – Section 249-45 (table)

This amendment repeals and substitutes the table in section 249-45 which sets out the respite supplement equivalent amounts based on the number of residential care places that are in effect.

The amendment increases funding amounts linked to facility size and respite service provision.

Item 136 – Section 249-50 (table)

This amendment repeals and substitutes the table in section 249-50 which sets out the viability supplement amounts for Category A residential care homes.

The amendment increases payments to support small and remote residential services.

Item 137 – Subsection 249-55(1) (table)

This amendment repeals and substitutes the table in subsection 249-55(1) which sets out the viability supplement amounts for Category B residential care homes.

The effect is to update funding levels tied to measured cost disadvantage.

Item 138 – Subsection 249-60(1) (table)

This amendment repeals and substitutes the table in subsection 249-55(1) which sets out the viability supplement amounts for Category C residential care homes.

The amendment increases payments to reflect higher operating costs in eligible services.

Item 139 – Subsection 249-65(1) (table)

This amendment repeals and substitutes the table in subsection 249-55(1) which sets out the viability supplement amounts for Category D residential care homes.

The effect is to ensure that funding for these services remains appropriately indexed to current cost levels.

Item 140 – Amendment of listed provisions—indexation of amounts

This item amends various provisions by substituting existing dollar amounts with updated indexed amounts across the Rules.

Item 1 amends the home support oxygen supplement amount which provides oxygen for those requiring continuous oxygen therapy.

Item 2-3 amends the home support enteral feeding supplement amount. Paragraph 196-20(2)(a) relates to the amount for bolus feeding, and paragraph 196-20(2)(b) relates to the amount for non-bolus feeding. Enteral feeding assists those who receive enteral feeding through their nose, stomach and small intestine.

Item 4 amends the home support top-up supplement amount.

Item 5 amends the home support care management supplement amount. This supplement helps fund additional care management activities.

Item 6 amends the Home Modifications High amount which provides to assist individuals to live in their home independently. Home modifications include changes to a participant’s home environment to make it safer and more accessible.Item 7 amends the residential care oxygen supplement amount which provides oxygen for those requiring continuous oxygen therapy.

Item 8-9 amends the residential care enteral feeding supplement amount. Paragraph 230-12(2)(a) relates to the amount for bolus feeding, and paragraph 230-12(2)(b) relates to the amount for non-bolus feeding. Enteral feeding assists those who receive enteral feeding through their nose, stomach and small intestine.

Item 10 amends the Veterans’ supplement amount.

Item 11-12 amends the amounts under the definition of dementia and cognition supplement and veterans’ supplement equivalent amount (DVEA) and home or community place amount (HCPA). These are used to calculate the amount of subsidy a registered provider is eligible for under section 248 of the Act on a day in relation to funded aged care services delivered through a service group under the Multi-Purpose Service Program in or from an approved residential care home.

Item 13 amends the residential care place amount which is used to determine the cost for a residential care place in an approved residential care home. This amendment is linked to Item 134.

Item 14 amends the viability supplement equivalent amount. This supplement supports residential care homes located in areas with higher costs of living.

Item 15 amends the amount of subsidy for Transition Care Program. This is the amount payable (per day) to a registered provider who is delivering services to an individual.

Item 16 amends the maximum accommodation payment amount. This amount sets the maximum a registered provider may charge for an accommodation payment. Registered providers must publish the accommodation prices for their rooms on My Aged Care. If they wish to charge above the maximum accommodation payment amount, they need approval from the Independent Health and Aged Care Pricing Authority to do so.

Items 17-20amends the income single persons and illness separated couples thresholds that apply in the income test component of the means assessment section 319 of the Act, or section 319-20 for individuals in post‑2014 residential contribution class.

Item 21 amends the asset threshold that applies in the asset test component of the means assessment section 319 of the Act, or section 319-20 for individuals in post‑2014 residential contribution class.

Part 14—Transitional matters

Aged Care Rules 2025

Item 141 – At the end of Part 1 of Chapter 15

This item inserts new section 610-10 to ensure that the use of accommodation bonds and refundable deposits held prior to the commencement of this instrument on 1 July 2026 are dealt with appropriately under the Rules.

New section 610-10 provides that paragraphs 287‑101(2)(f) and 310‑20(a) of this Instrument, as in force before 1 July 2026, apply as if the references in those paragraphs to “the period of 12 months after the day the registered provider begins to deliver funded aged care services to the individual through the service group residential care” were references to “the period beginning the day after the day the registered provider begins to deliver funded aged care services to the individual through the service group residential care and ending at the end of 30 June 2026”.

This amendment also ensures that accommodation bonds and refundable deposits can be used to cover reasonable business losses that are incurred in establishing a new approved residential care home, not simply because a home was deemed to be an approved residential care home under Schedule 2, Item 5(7) of the Aged Care Consequential and Transitional Provisions Act 2024.

This item also inserts new section 610-15. The amendment provides retrospective effect for the review of newly added compensation related decisions under subsections 242B-50(2), 242B-50(3), and 242B-55(8). This provides a basis for a person to seek review of decisions made between 1 November 2025 to the date of review.

In circumstances where a person has not applied for review under this provision, but then later seeks to, the Department would consider use of the discretionary power at paragraph 559(3)(c) to facilitate a review.

Schedule 3—Amendments commencing 1 August 2026 - indexation

Aged Care Rules 2025

Schedule 3 amends the Rules to apply a further round of indexation adjustments from 1 August 2026.

These amendments reflect further indexation adjustments following the 1 July update.

The amendments do not alter policy intent. Their effect is to maintain the ongoing accuracy of subsidy settings and ensure that funding levels remain aligned with current cost movements within the aged care system.

Item 1 – Subsection 194‑5(2) (table)

This amendment repeals and substitutes the table in subsection 194‑5(2), which sets out the base individual amounts for individuals with non‑transitional classification levels (Support at Home classes 1 to 8) for the service group home support (ongoing).

The effect of this amendment is to increase the daily subsidy payable in respect of individuals receiving ongoing home support services.

Item 2 – Subsection 194‑5(3) (table)

This amendment repeals and substitutes the table in subsection 194‑5(3), which sets out the base individual amounts for individuals with transitional classification levels (Home Care Package classes 1 to 4).

The effect of this amendment is to apply indexation to subsidy amounts for individuals who current receive services under a transitioned Home Care Package.

Item 3 – Subsection 194‑10(2) (table)

This amendment repeals and substitutes the table in subsection 194‑10(2), which sets out base individual amounts for Restorative Care and End‑of‑Life pathways.

The amendment increases the amounts payable for these pathways, ensuring that higher‑intensity or specialised care continues to be appropriately funded.

Item 4 – Subsection 204‑5(2) (table)

This amendment repeals and substitutes the table in subsection 204‑5(2), which sets out the base provider amounts for non‑transitional classification levels for the service group ongoing home support (Support at Home classes 1 to 8).

The effect is to increase the provider component of subsidy payments, maintaining alignment with cost movements in service delivery.

Item 5 – Subsection 204‑5(3) (table)

This amendment repeals and substitutes the table in subsection 204‑5(3), which sets out the base provider amounts for transitional classification levels (Home Care Package classes 1 to 4).

This ensures that provider funding for transitional Home Care Package participants is indexed consistently with non-transitional arrangements.

Item 6 – Section 249‑25 (table)

This amendment repeals and substitutes the table in section 249‑25, which sets out aged care wage supplement amounts for specified registered providers.

Item 7 – Amendment of listed provisions—indexation of amounts

This item amends selected provisions by substituting existing indexed amounts (as updated on 1 July 2026) with higher amounts.

Item 1 amends the home support oxygen supplement amount which provides oxygen for those requiring continuous oxygen therapy.

Item 2-3 amends the home support enteral feeding supplement amount. Paragraph 196-20(2)(a) relates to the amount for bolus feeding, and paragraph 196-20(2)(b) relates to the amount for non-bolus feeding. Enteral feeding assists those who receive enteral feeding through their nose, stomach and small intestine.

Item 4 amends the home support top-up supplement amount.

Item 5 amends the home support care management supplement amount. This supplement helps fund additional care management activities.

Schedule 4—Amendments commencing 1 October 2026 – personal care

Aged Care Rules 2025

Item 1 – Section 8-105 (column 4 of table item 9)

This amendment omits “Independence”, and substitutes “Clinical supports” to amend the means testing category for the service type personal care. Section 314-10 of the Rules provides that the percentage of an individual’s contributions for means testing category for clinical supports is 0 per cent. The intent of this provision is that personal care services will be fully funded (i.e. attract 0 per cent individual contribution rate) for all individual receiving services through the service group home support.

Item 2 – Subsection 8-106(2) (column 2 of table item 7)

This amendment omits “Independence”, and substitutes “Clinical supports” to amend the means testing category for the service type personal care. The intent of this provision is to align with the amendment made to section 8-105 of this Schedule for services delivered under the pooled funding trial for the Support at Home program (introduced by Part 12 of Schedule 2 of this Instrument).

Schedule 5—Amendments taken to have commenced 1 November 2025 – fees for transitional cohorts

Aged Care Rules 2025

Item 1 – Section 5-5 (definition of additional service fee)

This amendment inserts the definition of the additional service fee. It means an additional service fee under section 146 of the Aged Care (Consequential and Transitional Provisions) Rules 2025 (Consequential and Transitional Provisions Rules). This is an additional payment that can be made, by agreement, for a standard of care and services over and above that is required.

This definition refers to the 12-month continuity arrangements for the additional service fee framework historically dealt with under paragraph 56-1(e) of the Aged Care Act 1997 (now repealed).

Item 2 – Section 5-5 (definition of extra service fee)

This amendment inserts the definition of the extra service fee. It means an extra service fee under section 145 of the Consequential and Transitional Provisions Rules This is an additional payment made in respect of an extra standard of accommodation, services, and food provided.

This definition refers to the 12-month continuity arrangements for the additional service fee framework historically dealt with under Division 36, primarily sections 36-2 and 36-3, of the Aged Care Act 1997 (now repealed).

Item 3 – At the end of section 285A-3

This amendment adds a note to clarify that extra service fees and additional service fees may apply to certain individuals under the Consequential and Transitional Provisions Rules.

ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Aged Care Legislation Amendment (July and August Indexation and Other Measures) Rules 2026

This Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Instrument

This Instrument makes a number of amendments to the Aged Care Rules 2025 (the Rules) under the Aged Care Act 2024 (the Act), including to:

Human rights implications

This Instrument engages the following rights:

Assessment of Compatibility

Right to an adequate standard of living

The right to an adequate standard of living, including adequate food, water and housing, and to the continuous improvement of living conditions is contained in article 11(1) of ICESCR. Article 28(1) of the CRPD also requires countries to take appropriate measures to ensure an adequate standard of living and social protection for persons with disabilities, including clean water services, access for older persons with disabilities to social protection programs, appropriate and affordable services, devices and other assistance and public housing programs.

The Instrument promotes the right to an adequate standard of living through subsidised provision of funded aged care services to ensure that older people living in Australia can access the care and services they need as they age. Amendments to the means testing category for the service type ‘personal care’ mean personal care services (which includes basic needs such as showering, assistance with self-care and other activities of daily living, self-administration of medications and non-clinical continence management) will be fully funded for all approved Support at Home participants from 1 October 2026. These amendments engage the right to an adequate standard of living by removing financial barriers for older people to access personal care services.

Right to Health

The right to health is contained under article 12 of the ICESCR and article 25 of the CRPD. These articles refer to the right of individuals, including persons with disability, to the highest attainable standard of physical and mental health. The United Nations Committee (UN Committee) has stated it includes the right to control one’s health and body and the right to be free from interference, such as the right to be free from torture, non-consensual medical treatment, and experimentation.

The UN Committee has stated that the right to health is not a right for each individual to be healthy but is a right to a system of health protection which provides equality of opportunity for people to enjoy the highest attainable level of health.

Amendments to the means testing category for the service type ‘personal care’ mean personal care services will be fully funded for all Support at Home participants from 1 October 2026 engages the right to health by recognising that older people should not be out of pocket for the basic personal care services they need such as showering, dressing and continence support.

This Instrument also engages the right to health including through the pooled funding trial for the Support at Home program, which enables individuals to access services in a more flexible and responsive manner while maintaining alignment with the existing approval classification framework. This supports and protects individuals’ physical and mental health, as well as their overall wellbeing and quality of life.

The amendments for the pooled funding trial for the Support at Home program also ensure that providers delivering subscription services remain subject to existing quality, safety and regulatory obligations where those obligations already apply to equivalent services. This includes the application of the Aged Care Quality Standards, incident management requirements, and care planning obligations.

Right to social security

The right to social security in Article 9 of the ICESCR and Article 28(2) of the CRPD protects access to social support systems that assist individuals to secure an adequate standard of living and to participate fully in the community. The UN Committee has stated that the right to social security is of central importance in guaranteeing human dignity for all persons when they are faced with circumstances that deprive them of their capacity to fully realise their rights under the ICESCR. The UN Committee has stated that the right to social security, through its redistributive character, plays an important role in poverty reduction and alleviation. It has also stated that social security promotes social inclusion and prevents social exclusion.

This Instrument engages the right to social security as it adjusts indexation, makes changes to means testing for personal care services for approved Support at Home program participants, and supports providers to apply aged care award wage increases for workers, so that wages, fees and thresholds remain aligned with economic conditions. It also ensures that individuals who already receive grant funding via the Disability Support to Older Australians program are also able to access some Commonwealth Home Support Program services without losing their other grant funding.

Indexation and changes to means testing support accurate, predictable entitlements and liabilities. The increase to aged care award wages recognises the value of aged care workers and the complex work they do. The amendments support effective access to funded aged care services and are compatible with the right to social security.

Rights of persons with disabilities

The rights of persons with disabilities, as protected under the CRPD, include the right to equality and non-discrimination (Article 5) and the right to the highest attainable standard of health without discrimination on the basis of disability (Article 25). These rights recognise that persons with disabilities must have full and equal enjoyment of all human rights and fundamental freedoms, including access to the supports, services and environments necessary to live independently and participate fully in the community. The CRPD Committee has emphasised that disability is an evolving concept and that the rights of persons with disabilities extend to ensuring accessibility, reasonable accommodation, inclusive service systems, and safeguards against exclusion or unequal treatment. The Committee has also noted that health and care systems must be designed and administered in a way that supports dignity, autonomy, and meaningful participation for persons with disabilities.

Aged care recipients include many people with disability. Measures to test a new funding model to enable providers to flexibly adjust supports for older people (pooled funding trial for the Support at Home program), and to ensure individuals will not have to financially contribute to personal care services helps ensure accessible, appropriate, responsive and flexible care. The Disability Support to Older Australians program was established for those individuals who were over the age of 65 and were receiving disability services at the time the National Disability Insurance Scheme was established. Due to their age, they were not eligible for this Scheme, so the grant was established to ensure they were not disadvantaged by the introduction of the new scheme. This instrument ensures that those individuals are able to access both their disability grant funds as well as certain services under the Commonwealth Home Support Program which are not available under the Disability Support to Older Australians program.

The amendments promote equal access to quality care for people with disability. The Instrument is compatible with CRPD rights.

Right to equal recognition before the law

Article 12 of the CRPD reaffirms that persons with disability have the right to recognition everywhere as persons before the law and shall enjoy legal capacity on an equal basis with others, with appropriate measures being taken to provide access and support in exercising their legal capacity, including appropriate safeguards. The Instrument promotes the right to equal recognition by applying merits review to additional decisions made by the System Governor.

Right to privacy

Article 17 of the ICCPR provides that no one shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour or reputation, and that everyone has the right to the protection of the law against such interference or attacks. Article 22 of the CRPD outlines a similar right. Although the United Nations Human Rights Committee (Human Rights Committee) has not defined ‘privacy’, it should be understood as to comprise freedom from unwarranted and unreasonable intrusions into activities that society recognises as falling within the sphere of individual autonomy.

The right to privacy under article 17 can be permissibly limited to achieve a legitimate objective and where the limitations are lawful and not arbitrary. The term ‘unlawful’ in article 17 of the ICCPR means that no interference can take place except as authorised under domestic law. Additionally, the term ‘arbitrary’ in article 17(1) of the ICCPR means that any interference with privacy must be in accordance with the provisions, aims and objectives of the ICCPR and should be reasonable in the circumstances. The Human Rights Committee has interpreted ‘reasonableness’ to mean that any limitation must be proportionate and necessary in the circumstances.

New paragraph 64-11 and amendments to section 148-70 partially limit the right to privacy by providing, with the consent of the older person, for the collection of personal information for the purpose of evaluating the delivery of subscription services.

The objective of these provisions is to ensure the safety of funded aged care services, as well as to ensure continuous improvement and appropriate monitoring for the pooled funding trial for the Support at Home program. This is a legitimate objective that falls within the permissible purposes of protecting the rights of those accessing and receiving aged care services, as well as ensuring improvement of providers in a trial context. The amendments to various reporting provisions are administrative in nature and do not materially change the kinds of information collected or disclosed, however there is a refining of scope in some instances which causes a minor change to the privacy impact. The amendments under the reporting provisions expand authority so reports may be requested by either the Aged Care Quality and Safety Commissioner or the System Governor, which is in alignment with other reporting provisions under the Act.

Amendments to subsections 166‑10(1), 166‑15(1) and 166‑25(1) relate to requested information about specific vaccinations, such as Influenza and COVID-19. The limitation on the right to privacy that is caused by inclusion of the System Governor is justified by the use of such information in forming mandated vaccination policies for providers, which is to be relied on with the enforcement capabilities of the Aged Care Quality and Safety Commission (the Commission). 

Amendments to section 166-220 relate to requested information about complaints and feedback management. The limitation on the right to privacy caused by the inclusion of the System Governor is justified by the use of such information supporting system oversight alongside the Commission’s regulatory capabilities.

Amendments to subsections 166‑310(1), 166‑315(1), 166‑335(1), 166‑340(1) and 166‑345(1) relates to authorising the System Governor to request information about various financial and prudential matters. The broader intent of the relevant provisions is to support both regulatory oversight and system-level monitoring of financial and prudential risks. The restriction on the right to privacy ensures consistency with this intent by expressly recognising the role of the System Governor in overseeing the financial sustainability and performance of the aged care system.

This increases the number of entities permitted to request such reports, limiting the right to privacy. As the reporting obligation already exists, the impact is largely mitigated. The amendments under the remaining items do not restrict or expand the right to privacy but rather change the entity which is authorised to request certain reports.

Amendments to prudential and financial reporting obligations have minor impacts on the right to privacy, promoting transparency of provider operations to both the Department and the public. The amendments to subsection 166‑345(13) allow providers to publish general-purpose financial reports on alternative websites, including if they do not have their own website for publishing purposes. This enables the public to access such reports in circumstances where providers otherwise may not have been given a legislative basis for publishing these reports.

Conclusion

The Aged Care Legislation Amendment (July and August Indexation and Other Measures) Rules 2026 promotes a number of human rights, particularly the rights to adequate standard of living, health and social security, support non-discrimination and equal recognition before the law. To the extent any rights are limited such as through procedural timelines, those limitations are reasonable, necessary, and proportionate to the legitimate objectives of safety, integrity, and efficient administration of aged care.

Sam Rae

Minister for Aged Care and Seniors