Aged Care (Leave from Approved Residential Care Homes) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Determination 2025

Administered by Department of Health, Disability and Ageing

Legislation au F2025L01242 In force Legislative Instrument

Legislation content

Aged Care (Leave from Approved Residential Care Homes) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Determination 2025

made under subsection 245(1) of the

Aged Care Act 2024

Compilation No. 1

Compilation date: 16 December 2025

Includes amendments: F2025L01585

About this compilation

This compilation

This is a compilation of the Aged Care (Leave from Approved Residential Care Homes) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Determination 2025 that shows the text of the law as amended and in force on 16 December 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name

2 Commencement

3 Authority

4 Situation of emergency—human coronavirus with pandemic potential

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name

  This instrument is the Aged Care (Leave from Approved Residential Care Homes) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Determination 2025.

2  Commencement

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

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

Immediately after the commencement of the Aged Care Act 2024.

1 November 2025

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

 (2) Any 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.

3  Authority

  This instrument is made under subsection 245(1) of the Aged Care Act 2024.

4  Situation of emergency—human coronavirus with pandemic potential

  There is a situation of emergency for all days in the period beginning on the commencement of this instrument and ending on 31 December 2026 for all approved residential care homes in Australia.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

ed = editorial change

rep = repealed

exp = expires/expired or ceases/ceased to have

rs = repealed and substituted

effect

s = section(s)/subsection(s)

gaz = gazette

/rule(s)/subrule(s)/order(s)/suborder(s)

LA = Legislation Act 2003

sch = Schedule(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment can be given

SR = Statutory Rules

effect

sub ch = SubChapter(s)

(md not incorp) = misdescribed amendment

sub div = Subdivision(s)

cannot be given effect

sub pt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Aged Care (Leave from Approved Residential Care Homes) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Determination 2025

10 Oct 2025 (F2025L01242)

1 Nov 2025 (s 2(1) item 1)

 

Aged Care (Leave from Approved Residential Care Homes) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Amendment (Extending Situation of Emergency) Determination 2025

15 Dec 2025 (F2025L01585)

16 Dec 2025 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 4.....................

am F2025L01585

 

 

Overview

The Aged Care (Leave from Approved Residential Care Homes) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Determination 2025 was enacted to address the urgent need for flexible care arrangements for residents in approved residential care homes during the period of emergency posed by the human coronavirus with pandemic potential. This determination was made under subsection 245(1) of the Aged Care Act 2024, which empowers the Minister to make such determinations in response to a public health crisis. The objective of this legislation is to facilitate the temporary leave of residents from approved residential care homes to mitigate the risk of virus transmission within these facilities, thereby protecting the health and safety of both residents and staff. The determination establishes a situation of emergency for all days starting from the commencement of the Aged Care Act 2024 until 31 December 2026, thereby providing a clear legal framework for the management of care home operations during this period.

Scope and Application

The Aged Care (Leave from Approved Residential Care Homes) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Determination 2025 applies to all approved residential care homes within Australia during a declared period of emergency, which begins on the commencement of the Aged Care Act 2024 and ends on 31 December 2026. This determination was made under subsection 245(1) of the Aged Care Act 2024 and encompasses the entirety of the instrument, which comes into force immediately after the commencement of the Act. The provisions of this determination are specifically tailored to address the exigencies posed by the human coronavirus with pandemic potential, aiming to manage and mitigate the risks associated with residents leaving approved residential care homes during the declared emergency period. The scope of this determination extends to all approved residential care homes across Australia, ensuring a unified approach to managing the pandemic's impact on aged care facilities. Any further specifications, extensions, or modifications to the application of this determination are subject to additional legislative instruments or amendments, which may be introduced under the same authority. The determination does not specify any exclusions, exemptions, or thresholds for its application, indicating a broad and inclusive approach to safeguarding the health and safety of residents in these care settings during the declared emergency period.

Key Provisions

The Aged Care (Leave from Approved Residential Care Homes) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Determination 2025 (the Determination) is a legislative instrument made under subsection 245(1) of the Aged Care Act 2024. This Determination is applicable to all approved residential care homes in Australia, and it establishes a situation of emergency due to the human coronavirus with pandemic potential, which lasts from the commencement of the Determination until 31 December 2026. This period is intended to provide a regulatory framework to manage the pandemic's impact on aged care services. The Determination places specific obligations on approved residential care homes, including adherence to public health directives and the implementation of measures to prevent the spread of the human coronavirus within care homes. This includes, but is not limited to, implementing stringent hygiene protocols, ensuring that staff and residents are regularly tested for the virus, and maintaining strict visitor policies to reduce the risk of transmission. Additionally, care homes must report any outbreaks to the relevant health authorities promptly, ensuring that they follow all guidelines and recommendations provided by those authorities. In terms of legal consequences, any breach of the Determination's provisions may lead to penalties as stipulated in the Aged Care Act 2024. These penalties can include fines, orders for compliance, and in severe cases, the suspension or revocation of the care home’s approval to operate. The specific penalties are determined based on the severity of the breach and can vary significantly. The Act also provides for the possibility of civil and criminal proceedings against individuals or entities that fail to comply with the Determination, which could result in additional fines or imprisonment, depending on the nature and extent of the non-compliance.

Legal classification tags

Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Regulatory Standards

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