Australia has a new Aged Care Act. This landmark reform puts your rights at the centre of aged care and creates a safer, fairer system for everyone.

What is the new Aged Care Act?

The Aged Care Act 2024 is the biggest change to aged care in more than 25 years. It replaced the old Aged Care Act 1997 on 1 July 2024 and responds to recommendations from the Royal Commission into Aged Care Quality and Safety.

Why was this change needed?

The Royal Commission found serious problems with the old aged care system. Older people’s rights weren’t being properly protected and the system was too complex and confusing for people to navigate. Quality of care was inconsistent across services, and people weren’t always treated with the dignity and respect they deserved. When things went wrong, enforcement was often too weak to protect people effectively.

The new Act fixes these problems by making rights and dignity the foundation of everything in aged care. It creates clear expectations, stronger protections and better accountability.

The Statement of Rights

The new Act includes a Statement of Rights that applies to everyone accessing aged care services. These aren’t just words on paper, they’re legally enforceable rights that providers must respect.

  • Choice and control: You make decisions about your life and care, including which services you want, how and when they’re delivered and your financial affairs. You can be supported to make decisions if you need to, and you have the right to take personal risks in pursuit of your quality of life.
  • Fair access to services: You have the right to a fair assessment that is culturally safe, trauma-aware and suitable for your needs. You can access palliative care and end-of-life care when required.
  • Quality and safe services: You must be treated with dignity and respect, and be free from violence, abuse, neglect or exploitation. Services must be culturally safe and delivered by providers with appropriate qualifications, skills and experience.
  • Privacy and information: Your personal privacy and information must be protected. You can access records and information about your rights and services, including costs.
  • Communication that meets your needs: You get information in a way you understand and can give feedback. You can communicate in your preferred language or method, with interpreters or communication aids if needed.
  • Raising issues without fear: When problems arise, you can get support from your provider, make complaints without fear of punishment and get a quick and fair response.
  • Support from others: You can be supported by an advocate or person of your choice at any time. Providers must respect the people important to you – family, friends, carers and volunteers.
  • Staying connected: You have the right to stay connected with people important to you, your community, your pets, and participate in leisure and cultural activities. Aboriginal and Torres Strait Islander peoples have the right to stay connected with community, Country and Island Home.

What this means for you

The new Aged Care Act is designed to make sure every older person in Australia receives care that upholds their rights, respects their choices and supports their wellbeing. Whether you’re receiving help at home, in the community or in residential care, your rights are protected under the law.

If you’re already receiving aged care services, your provider is working with you to ensure your care continues smoothly and meets the new standards. If you’re new to aged care, you’ll find it easier to understand your options and have more say in the support you receive.

The new Act also introduced the Support at Home program on 1 November 2025, which replaced Home Care Packages and provides a more flexible, person-centred approach to in-home aged care.

For more information about your rights or how these changes affect your care, visit the Department of Health, Disability and Ageing or speak with an aged care advocate through the Older Persons Advocacy Network (OPAN) on 1800 700 600.

At Holdsworth, we’re here to help you understand your rights, navigate the aged care system and access the support that’s right for you. Our team can guide you through changes under the new Act and make sure you continue receiving care that’s kind, respectful and tailored to your needs.

If you’d like to speak with someone about your care options, call us on 1300 882 962 or email agedcare@holdsworth.org.au, or visit holdsworth.org.au.

The new Aged Care Act marks a new chapter, one that puts people, not systems, at the heart of aged care.