Legislation

Page last updated: 12 April 2017

Primary legislation

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:

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.

Subordinate legislation

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:

The current principles are available on the Australian Government’s ComLaw website. Explanatory statements, explaining each component of the principles, can also be found on the ComLaw website.

Other subordinate legislation

Aged care determinations - ministerial

Aged care determinations - departmental

The Guide to Aged Care Law

From 2 January 2017, the Guide to Aged Care Law (the Guide) and the Residential Care Manual are no longer updated or in use.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.

Contact

If you require assistance or have any enquiries in relation to or the discontinuation of the Guide or the RCM, email enquiries@health.gov.au .

More information