Greater support at home: the journey to aged care reform

In September, the federal government introduced the Bill for the new Aged Care Act to parliament.

A sweeping range of reforms have been tabled, seeking to enhance the viability and quality of aged care across Australia, as well as to support the growing numbers of older Australians who are choosing to retain their independence and remain in their homes as they age.

Subject to parliamentary processes, the new Aged Care Act is expected to take effect on 1 July 2025.

What does the Bill contain?

According the Department of Health and Aged Care’s ‘A new Aged Care Act — Statement of changes from the exposure draft’, the Bill responds to around 60 recommendations of the Royal Commission. It also “establishes a modern rights-based legislative framework that focuses on the safety, health and wellbeing of older people and places their needs at the centre of the aged care system.”¹

The new Aged Care Act legislation includes:

• A Statement of Rights for older Australians in aged care, with a positive duty for providers to uphold those rights.
• New duties to hold providers and people in positions of leadership accountable, along with a compensation pathway.
• New Quality Standards to drive continuous improvement and high-quality care.
• Stronger regulatory powers to protect people from harm.
• New whistleblower protections.
• A regulator with stronger investigative powers.
• A new, independent statutory Complaints Commissioner.
   

“The new Aged Care Act has the potential to enhance quality standards, increase protections for older people, and create a financially sustainable aged care system for future generations,” said Craig Gear, CEO of the Older Persons Advocacy Network (OPAN).

“What we have here are the building blocks for a safe, high-quality, financially viable aged care system for generations to come. Older people look forward to having their rights enshrined in legislation.”

A focus on support for aging at home

Older Australians increasingly want the freedom, support and choice to remain in the homes and communities they love. In the past 10 years, the number of Australians in home care has increased fourfold.

To cater to the changing preferences of older Australians, the federal government plans to invest $4.3 billion in a new system of home care, called Support at Home, which will come into effect on 1 July 2025, and will help Australians remain independent in their homes and communities for longer. By 2035, Support at Home is estimated to help around 1.4 million people stay in their homes as they age.

Support at Home will assist with:

• Clinical care (eg, nursing care, occupational therapy)
• Independence (eg, help with showering, getting dressed or taking medications)
• Everyday living (eg, cleaning, gardening, shopping or meal preparation)
   

The government will pay 100% of clinical care services, with individual contributions going towards independence and everyday living costs.

“We’ve heard the message from older Australians: they want support to stay in the homes and communities they love,” said Anika Wells, Minister for Aged Care.

“Support at Home will help around 1.4 million older Australians do just that, with shorter wait times, more levels of support, and funding for home modifications.”

Looking to the future of aged care

According to COTA Australia, the government’s significant focus on and investment in support at home will be welcomed by older Australians who want greater choice around aging at home and to see wait times significantly decreased.

“Now that we’ve finally got past all the roadblocks stopping the introduction of the Aged Care Act, Parliament now needs to ensure that Australians have adequate time to scrutinise the legislation and provide feedback,” said Patricia Sparrow, Chief Executive Officer at COTA Australia.

“There’s no question that when it comes to aged care in Australia business as usual is unacceptable. Ambitious reform is required to fix the current aged care system to meet the needs of our aging population and increasingly complex aged care needs — and the Aged Care Act is central to making this happen.

“We need an Aged Care Act that enshrines the rights of older people. While there is still much detail to go through, it appears the Act includes vital measures required to do that including mechanisms for monitoring and enforcing the rights of older people; the introduction of a person-centred, robust and effective complaints system; detail on how rights will be embedded into daily aged care operations; and a shift to supported decision-making becoming the foundation in aged care so there is an assumption that older people can make decisions for themselves,” Sparrow said.

Craig Gear from OPAN also urged politicians to adopt a multi-partisan approach to the commencement of the new Aged Care Act, a key recommendation of the Aged Care Royal Commission.

“Older people have waited far too long for their rights to be upheld and for this life-changing piece of legislation. Its passage must now be facilitated without further delay,” he said.

^{1. https://www.health.gov.au/resources/publications/a-new-aged-care-act-statement-of-changes-from-the-exposure-draft?language=en}

Image credit: iStock.com/Eva-Katalin