New Aged Care Act: Key changes which strengthen the rights of older people

Here’s a useful list prepared by OPAN that summarises the key points in the changes to the Aged Care Act which came into force on 1 November 2025

The Statement of Rights.

It includes rights like independence and autonomy, respect for privacy, safe and quality care, and the right to raise issues without fear of reprisal.

Enhanced quality standards.

The strengthened standards will make it clear what older people can expect from aged care service providers and workers.

Under the strengthened standards, providers must actively include older people in the planning and management of their care to ensure care is safe, high quality and tailored to the needs of the older person.

Care must be delivered in line with the Statement of Rights.

Greater protections when you speak up.

The new Act increases protections for whistleblowers – people who call out issues.

Older people, families, representatives, and aged care workers can report a person or organisation who has not followed aged care law without fear that they will be punished or treated unfairly.

Right to make decisions.

Under the new Act, older people’s right to make decisions about the care they receive and the risks they are willing to take is enshrined in legislation.

The Act acknowledges that some older people may want support in making certain types of decisions, and since coming into effect, older people can register one or more people to assist them.

These people are referred to as their registered supporters who have a role in upholding the older person’s wishes and preferences.

An independent complaints process.

An independent Complaints Commissioner, appointed by the Minister for Aged Care, promotes the independence, transparency, and accountability of complaints handling by the Aged Care Quality and Safety Commission.

An independent complaints process helps to improve the operation of aged care complaints and rebuild the trust of older people that their complaints will be taken seriously and will be resolved in a timely manner.