Aged Care Act to be delayed, ACCPA supports staged rollout

After publishing the exposure draft of the new Aged Care Act with much fanfare – and hopes of legislating it mid-2024 – it appears the Federal Government is tempering expectations with further delays to aged care reforms.

First reported by 9News, leaked internal departmental communications suggest the new Aged Care Act will not come into effect by July 1. Now, “TBC” is attached to the timeline on internal documents, while the Minister for Aged Care, Anika Wells, said the Government is taking the opportunity to get its systemic reform right.

“The Government is now considering the extensive and valuable feedback to refine and finalise the draft legislation before it is introduced to Parliament,” Minister Wells said.

“We will update the commencement date of the legislation following these updates and before the bill is introduced to the Parliament.”

“The new Act is an incredibly important milestone on the Albanese Government’s mission to lift the standard of aged care in Australia and deliver a high quality, person-centred service. That is why the Government is committed to working with all members of Parliament to implement these reforms.”

The new look Aged Care Act

• The new Aged Care Act is heavily rights-based, placing older people at the centre of aged care with support such as a Statement of Rights
• There are strengthened civil and criminal penalties for providers who do the wrong thing, plus increased protections for whistleblowers
• However, industry leaders and advocates are still concerned it doesn’t go far enough to protect older people or ensure providers always deliver high quality care

9News reported that a late-2024 or early-2025 implementation of the new Aged Care Act is most likely.

This may be the best outcome for the aged care industry as there were fears that a fast-tracked Aged Care Act could overlook key considerations for consumers and providers. COTA, ACCPA and OPAN are among the leading organisations to share their concerns over a fast-tracked Act.

ACCPA Chief Executive Officer (CEO) Tom Symondson said the new Aged Care Act was pivotal to the transformation of aged care but rushing it would be detrimental to older people and stakeholders.

“The new Aged Care Act was a fundamental recommendation of the Royal Commission into Aged Care Quality and Safety and welcomed by our members,” Mr Symondson said.

“This is a chance to usher in a new era to reform our aged care system. So, we need to make sure that the legislation, which will likely govern the aged care sector for the next 30 years, is not rushed. We need to get this right.”

“We of course want to see the legislation passed and implemented as soon as practical. But this allows more time to engage meaningfully with older people, the community, the sector and other stakeholders.”

“It is far more important that the legislation and associated requirements be passed when it is ready, than passed to meet the 1 July date,” Mr Symondson added.  

Mr Symondson said ACCPA has been in ongoing and constructive discussions with the Government regarding transition timeframes, stating that the sector needs the right amount of time to plan for the new requirements under the Act. 

Similar to the staged rollout of the Support at Home program, ACCPA called for gradual move to the new Aged Care Act that will allow for understanding, planning and implementation of all requirements.

“We are calling for at least 6 to 12 months transition from the time at which all information is available, including the finalised Act, Rules, guidance and education materials,” Mr Symondson said.

“A staged approach to implementation of these new reforms should also be adopted so providers can effectively manage change within their organisations, their workforce and engage with their residents and care recipients.”  

“Older Australians deserve nothing less than the confidence that Australia will get this right.”