New Aged Care Act gives seniors more rights

Photo by Vitaly Gariev on Unsplash
Photo by Vitaly Gariev on Unsplash

What’s happening

Older Australians will now have greater independence, autonomy, choice and control over their care, following the commencement of the new rights-based Aged Care Act on Saturday, 1 November.

The reform marks a major overhaul of the aged care system, responding to the growing demand for services driven by Australia’s ageing population. The new Act was the number one recommendation of the Royal Commission into Quality and Safety in Aged Care’s final report, released four and a half years ago.

Framed in the rights of the older person, the Act reinforces that older people have the right to make their own decisions, with appropriate support if they need it. For registered supporters, it also introduces clear responsibilities and consequences to ensure that the autonomy and voice of the older person are respected in all decisions about their care and life.

Why it matters

Older Persons Advocacy Network CEO Craig Gear said the hallmark of the new Act is a Statement of Rights.

“This is an exciting new chapter for the sector, older Australians, carers and providers,” Mr Gear said. “At its core is the recognition that older people remain at the centre of their care, supported by those they trust – whether that’s a family member, friend, advocate or provider.

“This is a transformational shift in power dynamics, and it is imperative that older people are empowered to make informed decisions that benefit them.”

Along with the new Act come strengthened quality standards and greater protections for older people receiving aged care.

By the numbers

  • The new Aged Care Act commenced on 1 November after four and a half years since it was recommended by the Royal Commission.

  • Australia’s ageing population is expected to increase the demand for aged care dramatically.

  • The Support at Home Program includes higher levels of support, more packages, restorative care, and end-of-life pathways.

Zoom in

The commencement of the Support at Home Program introduces higher levels of support and more care packages for older Australians. It also provides restorative care pathways and an end-of-life pathway for people who choose to die at home.

Craig Gear said while the reforms are transformative, there may be challenges during implementation. “Like with most significant reforms, there will probably be teething issues, as the changes have yet to be tested,” he said. “This transition, and the potential for co-payments, may be of concern and people should call the My Aged Care on 1800 200 422 or our Aged Care Advocacy Line on 1800 700 600 if they feel the changes have affected their ability to receive or pay for aged care in the community.”

Zoom out

Mr Gear said the new legislation reflects modern Australia and thanked the Albanese Government for its commitment to improving the aged care system. “The spirit of the new legislation reflects modern Australia, and we look forward to working with the Government and the wider aged care sector to get this right and so that older people live with dignity and respect,” he said.

Local impact

Older Australians, carers, and providers will see the direct impact of the new Act through improved standards, increased accountability, and greater recognition of the rights of older people. Families are encouraged to seek advice or raise concerns through the available helplines to ensure smooth access to aged care support.

What to look for next

The focus will now turn to how the new Aged Care Act and Support at Home Program are implemented and how the strengthened quality standards improve experiences for older Australians receiving care.

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