New Aged Care Act imminent

Proposed legislation to transform the delivery and funding of aged care services and the rights of older care recipients is another step closer to law after it was passed by the Senate with bipartisan support this week.

It comes just over two months after the government managed to seek support from the opposition to introduce a new act that promises better quality services for consumers but with higher fees to support provider viability and system sustainability. And just over two weeks after the Senate inquiry into the bill recommended its passing – with over 30 recommendations from the opposition.

With several amendments – 90 government, five opposition and four from independent Senator David Pocock – agreed to, the Aged Care Bill 2024 was passed on Thursday evening and returned to the lower house for final sign off next week.

Provider peak body Aged and Community Care Providers Association has called its passing “a watershed moment for older Australians”, noting a rights-based Aged Care Act was the number one recommendation of the aged care royal commission.

“We congratulate our elected politicians for putting older Australians and the future of aged care above party politics, passing the Aged Care Bill in the Senate, with rare bipartisan support,” said ACCPA chief executive officer Tom Symondson.

Likewise consumer peak body COTA Australia welcomed the bill’s progression with chief executive Patricia Sparrow noting it included many of the amendments older Australians fought very hard to have included.

“Australia desperately needed a new Aged Care Act – one which puts the basic rights of older people at the centre – and we’ve finally got it,” Ms Sparrow said.

The Act that passed through the Senate contains crucial elements that will protect the rights of older people, including a robust, independent complaints mechanism, enforceable rights for older people, the right to visitors at all times, and hardship protections, she said.

Ms Sparrow also welcomed bringing forward a legislated review and other amendments benefiting older people including removing the proposed caps on cleaning and gardening announced earlier this week.

“We have also supported bringing forward the accommodation pricing review and will seek for that review to further consider measures to ensure supported residents are guaranteed a bed and that all residents are protected from inappropriately high accommodation payments.

“It was also great to … see a future government can’t change the accommodation retention 2 per cent amount without returning to Parliament, require government to publish the full timeframes someone waits to receive care, and ensure clear timeframes for stages of complaints to be resolved will be included in the rules.”

Shadow Minister for Aged Care Anne Ruston said on Friday morning the opposition has upheld its commitment to a rights-based act for older Australians by passing the legislation, but noted “several shortcomings in the Bill, resulting from the government’s lack of consultation with older Australians and the broader aged care sector”.

She said securing an open inquiry into the reforms allowed an opportunity to get that feedback nationally and obtain further important changes, including the removal of the caps on cleaning and gardening services.

Ms Ruston said other changes secured include:

• additional inquiries into the unseen associated rules
• ensuring the powers of the Aged Care Quality and Safety Commission to place provisions on the sector are subject to the scrutiny of the Parliament
• greater transparency and accountability for the Aged Care Complaints Commissioner
• ensuring no aged care resident is denied access to the person they designate
• a commitment to release an additional 83,000 home care packages.

However, she said she was disappointed some of their amendments were voted down including those to:

• ensure an adequate transition period and arrangements
• provide increased flexibility in registered nurse requirements to protect in particular aged care homes in rural and regional areas.

“The Coalition continues to call on the government to be transparent and release all of the associated rules as soon as possible. Withholding this critical information prevents all stakeholders from being able to understand and prepare for the full impact of the reforms,” Ms Ruston said.

Ms Sparrow said with the core foundations now laid, COTA Australia would continue to advocate around the detail to ensure it was fair, equitable, transparent and truly delivered for older people.

“COTA Australia will now focus making sure the Act delivers on its promises.”

Mr Symondson reiterated calls for a clearly articulated transition plan so the sector could successfully implement the significant changes.

“Reforms of this magnitude will take time to implement, so we’re continuing to call for realistic timeframes and support for the new requirements. We can’t have a situation where parts of the new Act can’t be achieved due to a lack of lead time and funding.”

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