Countdown to compliance: key changes in new Aged Care Rules explained
With the new Aged Care Act 2024 (Cth) (New Act) commencing 1 November 2025, the final exposure draft of the new Aged Care Rules (New Rules) was published on 31 July 2025.
A copy of the New Rules is available on the Department of Health, Disability and Ageing website.
The New Rules will replace the existing Rules and Principles, including the User Rights Principles and set out the following registration categories for the purposes of section 11(3)(b) of the Act:
- home and community services;
- assistive technology and home modifications;
- advisory and support services;
- personal and care support in the home or community;
- nursing and transition care.
When reading the New Rules, it is important for approved providers to determine whether certain parts apply, depending on their registration category.
Application of Aged Care Quality Standards
For example, the application of the new Aged Care Quality Standards is now risk based.
Some of the New Rules only apply to certain categories, whereas other New Rules apply to all categories of approved providers.
Division 1 – Purpose and application
15 1 Purpose of this Division
For the purposes of subsection 15(1) of the Act, this Division:
- prescribes standards relating to the quality of funded aged care services delivered by a registered provider; and
- provides for the application of the standards to registered providers in specified provider registration categories.
15 5 Application of standards
- Standards 1 to 4 apply to a registered provider in any of the following provider registration categories:
- personal and care support in the home or community;
- nursing and transition care;
- residential care.
- Standard 5 applies to a registered provider in either of the following provider registration categories:
- nursing and transition care;
- residential care.
- Subsections 15 30(1) and (2) (Standard 5 –Outcome 5.1 – Clinical governance) apply to a registered provider in the provider registration category personal and care support in the home or community that delivers, or intends to deliver, either of the following service types:
- care management;
- restorative care management.
- Standards 6 and 7 apply to a registered provider in the provider registration category residential care.'
Conditions of Provider Registration
The Conditions of Provider Registration include compliance with the following:
- Code of conduct
- The Aged Care Quality Standards
- Continuous improvement
- The delivery of funded aged care services
- Requirements for starting and ceasing the provision of funded aged care services and continuity of those services
- Workforce and aged care worker requirements
- Vaccinations
- Personal information and recordkeeping
- Provision of information to individuals
- Access by supporters
- governance, and conditions relating to membership of governing bodies and advisory body requirements
- restrictive practices in approved residential care homes
- management of incidents and complaints, and deals with conditions
- implementing an incident management system and managing and preventing incidents; and
- implementing a complaints and feedback management system and managing complaints and feedback; and
- implementing a whistleblower system and maintaining a whistleblower policy.
Many of the rules are consistent with existing requirements, including in relation to the Code of Conduct, Restrictive Practices and Provider Governance.
New Developments in SIRS reporting
Some of the new developments (from a legal perspective) include:
Defining and clarifying expressions relating to reportable incidents/SIRS notifications
Clarification on SIRS notifications, including defining ‘neglect’ as follows:
‘…(11) In paragraph 16(1)(f) of the Act the expression; neglect of the individual’ means circumstances in which a registered provider, aged care worker, or responsible person of the registered provider:
- has delivered a funded aged care service to the individual that exposes the individual to the risk of serious injury or illness; or
- has caused or contributed (including through reckless or intentional behaviour) to:
- a significant failure to deliver a funded aged care service to the individual; or
- a systematic pattern of conduct; or
- has delivered a grossly inadequate funded aged care service to the individual; or
- has been reckless or intentionally negligent in delivering a funded aged care service to the individual.’
New developments in incident management
Incident management system and managing and preventing incidents and continuous improvement
There are additional obligations in relation to incident management, including whistleblowing, for example:
‘164 20 Requirements for system –general
A registered provider’s incident management system must:
- be able to identify, record, assess, respond to and report on incidents; and
- specify procedures for identifying, recording, assessing, responding to and reporting on incidents; and
- require that appropriate support and assistance (including access to advocates and language services) is provided to persons affected by an incident to ensure their safety, health, well being and quality of life; and
- specify how persons affected by an incident will be appropriately involved in the management and resolution of the incident; and
- specify the roles and responsibilities of aged care workers and responsible persons of the provider in managing and responding to incidents; and
- specify the roles and responsibilities of aged care workers and responsible persons of the provider in notifying reportable incidents to the Commissioner; and
- require an aged care worker of the provider who becomes aware of a reportable incident to notify one of the following of that fact as soon as possible:
- a responsible person of the provider;
- a supervisor or manager of the aged care worker;
- a person specified for the purposes of paragraph (e) or (f); and
- require reportable incidents to be reported to the Commissioner in accordance with Division 2 of Part 2 of Chapter 5 of this instrument; and
- specify when an investigation by the provider is required to establish:
- the causes of a particular incident; and
- the harm caused by the incident; and
- any operational issues that may have contributed to the incident occurring; and
- specify the nature of investigations mentioned in paragraph (i); and
- specify when remedial action is required and the nature of that action; and
- set out procedures for ensuring that the requirements of sections 164 40 and 164 45 are complied with.’
In recording the causes of a particular incident and contributing factors, it is important to note the facts, not jump to unverified conclusions and not to waive legal professional privilege.
Other changes
Delivery of funded aged care services
They have amended the Rules to now include a requirement for providers delivering services under the Transition Care Program to comply with starting and ceasing notification requirements set out in section 149 of the Rules. This requirement will not apply to other specialist aged care providers such as the Multi-Purpose Service Program.
The Rules also now include a requirement for restorative care plans to include an exit strategy as part of an individual’s restorative care service plan. In response to feedback received during consultation, the cooling off period for ongoing residential aged care has also been extended from 14 to 28 days and may extend beyond delivery of services having commenced.
Regarding ceasing of aged care services, they have made amendments so that the registered provider must ensure suitable alternative accommodation is available with an alternative registered provider or a place more suited to the individual’s long-term needs.
Aged Care Workers
The Rules will now only cover provisions that take effect on 1 November 2025, excluding provisions related to the transitional and full implementation stages of worker screening. This change responds to sector feedback and is intended to maintain focus on the requirements for providers and workers that will apply on 1 November 2025. We have made additional editorial amendments to ensure alignment with current arrangements.
Information and access
Amendments to the Rules provide for additional information to be provided to individuals including:
- monthly statements to include information about any changes in contribution amounts following a means testing determination;
- for individuals with ongoing Support at Home, restorative care pathway or end of life classifications, the total number of units or hours delivered for the service type care management;
- information about the management of refundable deposits, and an additional disclosure requirement to provide the record to the individual or estate when ceasing to access funded aged care services.
Management of incidents and complaints
In response to feedback received during consultation, they have amended the Rules regarding provider management of complaints and feedback to:
- include a requirement that training must be provided on the roles and functions of independent aged care advocates;
- direct that accessible documents must include information about how to contact an independent aged care advocate;
- include a requirement that for the resolution of issues raised in a complaint, the resolution approach must be consistent with the Statement of Rights and provide information about the availability of independent aged care advocates to assist with making a new complaint to the Complaints Commissioner.
Reporting on complaints and feedback
Section 166-210(4)(a) of the Rules has been amended to clarify the requirement for reporting on complaints and feedback – that the report is to provide a summary of matters raised during the reporting period and not on each individual complaint or feedback.
To align with existing policy for Commonwealth Home Support Program providers, they have refined the Rules to clarify requirements to report on child safety compliance and annual wellness and reablement.
Contact
