Earlier this month in Melbourne, Minister for Aged Care and Seniors Sam Rae met with older Australians, advocates and sector leaders to discuss the new rights-based Aged Care Act, which will come into force on 1 November. The forum reinforced a shared commitment to dignity and rights, but also exposed persistent concerns over affordability, regional access and restrictive service rules.
Beverly Baker, President of the National Older Women’s Network, warned that rights without broader legal protections risk becoming symbolic.
“Without a national Human Rights Act, without the underpinning legislation, the Act is just nice words,” she said.
Council of Elders member Val Fell has previously said the shift in focus was overdue.
“The new Act has the participants at the centre. The Statement of Rights means you have the right to make your own decisions, to live independently if you wish,” she told Region Illawarra.
Rural realities and cost burdens
Forum participants highlighted the personal impact of high transport costs in rural Australia. Home Care Package recipient Helen Walne described cancelling therapy sessions because a return trip to a health clinic cost $140, a decision that led to hospital admissions.
Concerns also surfaced about the incoming Support at Home program. Reference group member Robin Vote and contributor Lesley Forster warned that those with the highest care needs could face the steepest out-of-pocket costs.
“The more services you use, the more you have to pay, so the risk is the neediest people on the highest level packages may have to pay more than they can afford,” Ms Forster said.
Flexibility and autonomy
Perth-based member Frank Smith criticised the lack of discretion over how funding can be used.
“They leave no choice to the individual. No welfare payment is more strongly controlled,” he said.
Craig Gear, CEO of the Older Persons Advocacy Network (OPAN), acknowledged the concerns but described the Act as a foundation for cultural change, not a completed reform. He noted that the recently introduced Aged Care and Other Legislation Amendment Bill 2025 gives the Minister scope to adjust the Rules with parliamentary oversight.
In the lead-up to November, OPAN’s priorities include a more agile assessment process, a planned release of home care packages, improving rural access and expanding community transport. Streamlining hardship applications for pensioners remains a key goal.
“Older people with limited means have the same right to quality aged care as anyone else,” Mr Gear said. “We’re advocating for a rapid approval process within 28 days, with fees waived while applications are being considered”.
A crisis deepening beyond the forum
Since the Melbourne discussion, pressure across the sector has intensified. Home Care Package wait times now average around seven months, far from the government’s target of three months by mid-2027. The delay in releasing 83,000 new packages until November has been criticised by consumer groups and independent MPs, with calls for 20,000 to be funded immediately to prevent premature entry into residential care. More than 87,000 people remain on the wait list.
The four-month delay to the Act’s start date has been welcomed by some as time to prepare systems and train staff. Others see it as an expensive setback, costing taxpayers $900 million and prolonging uncertainty.
In Victoria, a coronial inquiry into eight deaths from resident-on-resident aggression has reignited debate over safety in residential care. More than 1,000 younger Australians with disability remain in aged care, described by advocates as a national shame.
