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New Nursing Home Laws Set to Improve Aged Care Facilities

by Cecilia Castle
1 July 2025
in Columnists
Reading Time: 2 mins read
0 0
senior elderly grandparent, enjoy together and have fun at amusement theme park, happy vacation in summer travel, elder enjoyment to play, happy time with old couple

senior elderly grandparent, enjoy together and have fun at amusement theme park, happy vacation in summer travel, elder enjoyment to play, happy time with old couple

Aged Care facilities will come under greater scrutiny with a new Aged Care Act starting on 1 November 2025. The new Act will overhaul the sector to benefit residents and workers.

The new legislation provides for improved quality and safety relating to aged care, incorporating a Statement of Rights for residents and improved worker protection.

Residents will have the option of appointing a registered support person of their choice to help with decision making while ensuring residents remain in control of their lives. This is different to the appointment of Enduring Guardians, which can only be used upon the person being medically assessed with loss of mental capacity.

In addition, the new legislation will enforce obligations on aged care providers to continuously improve the quality of care through strengthened Aged Care Quality Standards as well as a Code of Conduct for Aged Care and more structured complaints management systems. Whistle-blowers within the sector will also receive better protection.

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Eligibility for aged care facilities is assessed on the extent of health decline, how the person is managing at home and what support is being received by them. There is an age entry requirement of 65 years or over, or 50 years for First Nations people and those who are homeless or at risk of homelessness and unable to live independently.

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Nursing home care can be sought on a permanent or temporary basis, such as respite care or for short stays due to illness or injury. Means tested fees apply, subsidised by government for some nursing homes. Prices vary significantly between nursing homes within a prescribed limit.

Resident complaints that cannot be resolved directly with the provider can be referred to the Aged Care Quality and Safety Commission (ACQSC) for resolution.

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Cecilia Castle

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