Ready or not, the new Aged Care Act is here

For the Australian aged care sector, Saturday marks a huge step in the implementation of once-in-a-generation reform.

On November 1, 11 months after it's passage through Parliament, the Aged Care Act 2024 will be implemented alongside the new Support at Home program.

The person-centred reform centres firmly on the new Statement of Rights, designed to uphold every individual’s ‘independence, autonomy, empowerment and freedom of choice.’

But with this, providers face an onslaught of legislative and logistical changes in the form of new Aged Care Rules, Quality Standards, and Financial and Prudential Standards.

Minister for Aged Care and Seniors Sam Rae said the country’s ageing population and the rapidly evolving care service expectations of older people means the time is right to transform the industry.

“This is not the beginning and it's not the end of the transformation process, but this is a very significant step on the 1st of November, the introduction of the new Aged Care Act,” Minister Rae told ABC Radio Perth on Monday.

“It is a rights-based act. It affords older people, for the first time in the history of our country, a set of rights under which their care must be delivered.”

When pressed on messages from providers suggesting some services may cease if older people are not willing to pay for them, Minister Rae assured that the data shows otherwise.

“We are seeing rapidly increasing sustainability. We're seeing profits for aged care providers climbing for the first time in decades. We are seeing a much more sustainable sector and, indeed, we are now starting to see investment in the sector,” he said.

On Thursday it was confirmed by the Albanese government that it has fulfilled its commitment to allocate 20,000 new Home Care Packages before November 1. All packages have been assigned, preceding the launch of the new Support at Home program.

An additional 63,000 packages are slated for allocation before the end of the current financial year.

For providers needing extra support, the Aged Care Quality and Safety Commission has assured that responses to requests for information will be swift during the immediate transition period.

In her latest message to the sector via the Aged Care Quality Bulletin, Commissioner Liz Hefren-Webb took the opportunity to remind providers of their responsibility to ensure staff are trained and supported to meet the new requirements.

“I want to acknowledge the significant preparations that people across the sector have been involved in. Providers, workers, older people, advocates, supporters and government agencies have all been working tirelessly towards a smooth transition and an improved aged care system,” the Commissioner said.

“We know not everything may go perfectly but I can assure you we, in the Commission, are ready for the new Act and to support you from Day 1!”

Commissioner Hefren-Webb encouraged all providers to take advantage of the Commissions resources, including an explainer on the new complaints process, webinar discussions and online education and training.

From November 1, the Commission website will include a dedicated ‘Understanding the new Aged Care Act’ page, however, providers can also contact the Customer Contact centre by phone on 1800 951 822, or email info@agedcarequality.gov.au for help with more complex questions.

On the other side of the sweeping reform is a large cohort of older people who are already receiving, or will soon engage with, aged care services.

The Older Persons Advocacy Network (OPAN) has seen a jump in the number of people seeking information and advocacy in recent years, with over 52,000 cases last year alone.

Like many, CEO Craig Gear is realistic about what Saturday’s changes will bring.

“I am really pleased that we're getting on with enshrining the rights of older people in legislation,” he said.

“It's not going to transform the sector overnight but it does build a really strong foundation about older people being put at the front and the centre and as the most important part of the aged care system.”

From this weekend, the Statement of Rights means providers will need to be proactive in the ways they uphold an older person’s rights as a partner in their care, so that an individual is not only able to maintain their autonomy and agency, but encouraged and supported to do so.

Mr Gear said that for providers this will look like changes to policies and procedures, providing a robust and accessible complaint systems and disseminating information in a way that the person receiving a service can easily understand.

“It'll be in the everyday interactions between the aged care worker and the older person where the Statement of Rights will really come to life,” he said.

“We know that there's really good people that work in aged care who want to do a good job. We need to continue to fund them and recognise and reward them for the good job they do with valid wages, but also to help them to be implementing the new higher quality standards, which are really about putting the older person at the centre and making sure that we're actually exceeding expectations, not just meeting the minimum standard.

“Exceeding expectations around the clinical care that's delivered, but also the psychosocial care. A lot of this [reform] will be about relationship-based care – to actually work with the person about how they want to have care delivered.”

For older people seeking information or advocacy services related to their care can contact OPAN on 1800 700 600 or visit the website here.