Legislated rights and responsibilities of providers and consumers

Page last updated: 16 March 2017

The legal framework for the Home Care Packages Program is provided by the Aged Care Act 1997 and the associated Principles (outlined below), as well as determinations made under the Acts – for example, setting relevant subsidy and supplement levels.

Legislation amendment – Increasing Consumer Choice

The Aged Care Legislation Amendment (Increasing Consumer Choice) Act 2016 (the Amendment Act) gave effect to the first stage of the Increasing Choice in Home Care reforms.

The Amendment Act and explanatory memorandum can be viewed on the Federal Register of Legislation website.

Amendments to the Aged Care Principles and Determinations were registered on 23 September 2016. The four Legislative Instruments and Explanatory Statements which explain the changes can be viewed:

Most of the legislative amendments start on 27 February 2017. However, there are some transitional provisions in the Amendment Principles that started on 24 September 2016. These relate to requirements that a provider must satisfy if it intends to include an exit fee in a consumer’s agreement in the lead up to the 27 February 2017 reforms.

Overview of the legislative framework for Increasing Choice

The Charter of Care Recipients’ Rights and Responsibilities – Home Care

The Australian Government has an expectation that delivery of home care package services is achieved through an equal partnership between the service provider and the consumer.

Approved providers are required to provide a copy of the Charter to their consumers and outline the consumer’s rights and responsibilities for the care and services they receive.

Please note the charter was updated on the 27 February 2017


Approved providers should direct questions about the Home Care Packages Program to the My Aged Care providers contact centre on 1800 836 799.

Consumers should go to the My Aged Care website or call the My Aged Care national contact centre on 1800 200 422 for assistance.

More information