On 28 June 2013, five Bills outlining the key legislative changes to underpin the first two phases of the aged care reforms passed into law.
Aged Care related Acts from 1 July 2014 are:
- Aged Care Act 1997
- Aged Care (Transitional Provisions) Act 1997
- Aged Care (Accommodation Payment Security) Act 2006
- Aged Care (Accommodation Payment Security) Levy Act 2006
- Australian Aged Care Quality Agency Act 2013
- Australian Aged Care Quality Agency (Transitional Provisions) Act 2013.
The current Acts are available on the Australian Government’s ComLaw website. Explanatory Memorandums, explaining each component of the final Acts, can be found on the ComLaw website.
Aged Care Amendment (Red Tape Reduction in Places Management) Act 2016
On 10 February 2016, the Aged Care Amendment (Red Tape Reduction in Places Management) Act 2016 became law. The new Act is available on the ComLaw website.
The Act amends the Aged Care Act 1997 to:
- change the process for transferring places between approved providers and replaces the application form with a more simplified Notice of Transfer that is signed by the transferring parties; and
- increase the timeframe for approved providers to make provisionally allocated places operational from two to four years, while also limiting the number of extensions available.
Amendments to the Allocation Principles 2014 that support the delivery of these red tape reduction measures are expected to be registered shortly. Once registered, they will be available on the ComLaw website.
A number of principles made under the Aged Care Act 1997 have been amended or created and commenced on 1 July 2014. The Aged Care (Transitional Provisions) Principles 2014 were created under the Aged Care (Transitional Provisions) Act 1997.
The current Aged Care Principles are:
- Accountability Principles 2014
- Aged Care (Transitional Provisions) Principles 2014 – made under the Aged Care (Transitional Provisions) Act 1997
- Allocation Principles 2014
- Approval of Care Recipients Principles 2014
- Approved Provider Principles 2014
- Classification Principles 2014
- Committee Principles 2014
- Complaints Principles 2014
- Extra Service Principles 2014
- Fees and Payments Principles 2014 (No.2)
- Grant Principles 2014
- Information Principles 2014
- Quality of Care Principles 2014
- Records Principles 2014
- Sanctions Principles 2014
- Subsidy Principles 2014
- User Rights Principles 2014
Other subordinate legislation
Aged care determinations - ministerial
- Aged Care (Subsidy, Fees and Payments) Determination 2014
- Aged Care (Transitional Provisions) (Subsidy and Other Measures) Determination 2014 – made under the Aged Care (Transitional Provisions) Act 1997
Aged care determinations - departmental
- Aged Care (Conditions for Residential Care Allocations) Determination 2014
- Aged Care (Conditions of Allocation - Extra Service Places) Determination 2006 (No. 1)
- Aged Care Act 1997 - Determination under subsection 14-6(1) - Multipurpose Service (MPS) flexible care places (09/12/2003)
- Aged Care Act 1997 - Determination under subsection 14-6 (1) (ACA Ch. 2 No. 1/2006)
- Aged Care Act 1997 - Determination under subsection 14-6(1) (24/01/2002)
- Aged Care Act 1997 - Determination under subsection 14-6(1) (06/08/2002)
From 2 January 2017, the Guide to Aged Care Law (the Guide) and the Residential Care Manual are no longer updated or in use.
You can view an archive copy at the Australian Government Web Archive (Note: these copies do not contain current and future amendments to aged care legislation).
The Department of Health has produced other resources to help understand and interpret legislation in aged care. These include:
The Federal Register of Legislation contains the Aged Care Act 1997 and its subordinate legislation in force. Approved providers should use these to identify their responsibilities and obligations under the Act.
If you require assistance or have any enquiries in relation to or the discontinuation of the Guide or the RCM, email firstname.lastname@example.org .