The Aged Care Act 2024: a new legislative framework centred on the rights of older Australians

For Australian retirees, pre-retirees, and the family members who help them navigate the aged care system, 2025 was a watershed year. Two reforms commenced together on 1 November 2025: the Support at Home program replacing Home Care Packages for in-home care, and the Aged Care Act 2024 replacing the 1997 Act as the legislative framework for the entire sector. The Support at Home program is covered separately. This article focuses on the new Act — what it changes, what it doesn't, and what it means for older Australians and their families in practice.

The case for a new Act had been building for years. The Aged Care Act 1997 governed Australian aged care for over two and a half decades. By the late 2010s, it was widely criticised as fragmented, provider-centric rather than person-centred, complex, and inadequate to the standards modern older Australians and their families expected. The Royal Commission into Aged Care Quality and Safety (final report 2021) made 148 recommendations, several of which called explicitly for a new Act centred on the rights and needs of older Australians rather than on provider regulation. The government accepted that direction. After consultation drafts and parliamentary process across 2023-2024, the Aged Care Act 2024 was passed and received royal assent. Implementation followed across 2025, with the Act commencing on 1 November 2025 alongside Support at Home and the Single Assessment System reforms.

The centrepiece of the new Act is a statement of rights for older Australians. The 1997 Act largely regulated providers — approval, compliance, funding. The 2024 Act starts with the older person's rights and frames provider obligations as supporting those rights. Specific rights include: the right to dignity and respect in the way care is delivered; the right to autonomy and self-determination — making decisions about one's own care; the right to information about options, costs, providers, and outcomes; the right to be safe — protection from abuse, neglect, exploitation; the right to choice of provider and services to the extent possible; the right to participate in care planning; cultural rights for Aboriginal and Torres Strait Islander peoples and people from culturally and linguistically diverse backgrounds; and the right to advocacy — access to advocacy services. These rights are not aspirational only; provider obligations under the Act and the new Quality Standards translate them into actionable requirements.

The Aged Care Quality Standards under the 2024 Act emphasise person-centred care, dignity, choice, governance, workforce, and outcomes. Providers must demonstrate compliance through ongoing assessment by the Aged Care Quality and Safety Commission. The Standards apply across residential aged care, Support at Home, and CHSP — providing consistent expectations across the spectrum of services.

The Aged Care Quality and Safety Commission has expanded powers under the new Act. Investigation of complaints and concerns is strengthened, including under the Serious Incident Response Scheme (SIRS). Enforcement powers include compliance directions, civil penalties, banning orders for individuals (preventing them from working in aged care), and sanctions on non-compliant providers. Public reporting of provider performance and compliance information supports informed choice by older Australians and families. The Commission also administers the worker screening and registration framework introduced or strengthened by the Act.

For the transition from the old Act to the new, several important continuities apply. Existing approvals continue. People with current Home Care Package approvals don't lose them; they transition to Support at Home with grandfathered fee arrangements. People with residential aged care approvals continue. Provider approvals carry across with regulatory continuity. The new framework applies from commencement, but doesn't disrupt existing entitlements.

For older Australians and families, the practical implications are several. The rights framework provides recourse where care falls short. Knowing the rights — and that the Commission has stronger enforcement powers — supports advocacy when concerns arise. Greater transparency about provider performance and pricing supports informed choice. Person-centred care expectation is now embedded in the legal framework, matching what families would intuitively expect: care should be respectful, dignified, and responsive to the person's preferences. Engagement with the Single Assessment System — the consolidated assessment workforce — connects the access pathway to the Act's framework. Complaint and advocacy access is explicit, with pathways through My Aged Care, the Commission, and aged care advocacy services.

It's important to be clear about what hasn't changed. The Act provides a stronger framework but does not transform every aspect of aged care. Means-testing principles continue — income and assets tests for residential aged care fees and Support at Home contributions, with rules updated under the 2024 framework but the principles intact. The funding model is unchanged — government funding plus user contributions remains; no shift to wholly publicly funded aged care. Workforce challenges persist — the Act regulates but doesn't itself solve workforce shortage issues. Wait times depend on capacity — Support at Home waitlists and residential aged care availability depend on system capacity, not the Act alone. The Act provides a better legal framework; system pressures are real and ongoing.

A few practical observations for retirees and family members. Familiarity with the rights framework supports advocacy — where care falls short, knowing what rights exist gives a starting point. Transparency tools matter — the Commission's published information and provider comparison tools support informed choice. The complaints pathway is real — the Commission has stronger powers; complaints are taken seriously. Existing approvals continue — the move from old Act to new doesn't disrupt entitlements; transition rules apply. The Act and the program are distinct — the Aged Care Act 2024 is the legislative framework; Support at Home is the in-home care program; both commenced together but cover different ground.

A few common pitfalls to avoid. Assuming existing approvals lapse with the new Act — they don't. Confusing the Act with the program — both reforms commenced 1 November 2025 but are distinct. Not understanding the rights framework — where care concerns arise, the framework is the basis for advocacy. Ignoring complaints pathways — the Commission's process is meaningful and recourse is real. Expecting the Act to solve workforce or capacity issues — those depend on system investment beyond the legal framework.

For Australian retirees and their families, the Aged Care Act 2024 represents a meaningful reform. The rights framework is genuinely person-centred. The Commission's expanded powers support enforcement. Transparency is improved. The system pressures remain real, but the legal framework now matches what families would expect. Worth understanding as part of the broader aged care landscape entering retirement.