Contents
1Short title#
This Act is the Aged Care Legislation Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Act 2026.
2Commencement#
(1)Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
|---|---|---|
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day after this Act receives the Royal Assent. | 27 October 2026 |
| 2. Schedule 1 | 1 July 2027. | 1 July 2027 |
| 3. Schedules 2 and 3 | The later of:(a) the day after this Act receives the Royal Assent; and(b) 31 October 2026. | 31 October 2026(paragraph (b) applies) |
| 4. Schedule 4 | 11 January 2027. | 11 January 2027 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2)Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3Schedules#
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Note: The provisions of the Aged Care Rules 2025 amended or inserted by this Act, and any other provisions of that instrument, may be amended or repealed by an instrument made under section 602 of the Aged Care Act 2024 (see subsection 13(5) of the Legislation Act 2003).
Schedule 1 · Aboriginal and Torres Strait Islander Aged Care Commissioner
Aged Care Act 2024#
1 Section 6 (paragraph beginning “The system is governed by”)
After “the Complaints Commissioner”, insert “and the Aboriginal and Torres Strait Islander Aged Care Commissioner”.
2 Section 7
Insert:
Aboriginal and Torres Strait Islander Aged Care Commissioner means the Aboriginal and Torres Strait Islander Aged Care Commissioner of the Commission.
Aboriginal and Torres Strait Islander aged care commissioner functions means the functions of the Aboriginal and Torres Strait Islander Aged Care Commissioner under section 361B.
3 Section 7 (at the end of the definition of Appointed Commissioner)
Add:
4 Section 26
After “Complaints Commissioner”, insert “, the Aboriginal and Torres Strait Islander Aged Care Commissioner”.
5 Section 338 (paragraph beginning “The Commonwealth aged care system”)
After “Complaints Commissioner”, insert “and the Aboriginal and Torres Strait Islander Aged Care Commissioner”.
6 Section 338 (after the paragraph beginning “The Complaints Commissioner’s”)
Insert:
The Aboriginal and Torres Strait Islander Aged Care Commissioner’s functions include the Aboriginal and Torres Strait Islander aged care commissioner functions.
7 Section 338 (paragraph beginning “The Commission consists”)
After “Complaints Commissioner” (wherever occurring), insert “and the Aboriginal and Torres Strait Islander Aged Care Commissioner”.
8 Section 338 (paragraph beginning “The Advisory Council’s”)
After “Complaints Commissioner’s functions”, insert “and the Aboriginal and Torres Strait Islander Aged Care Commissioner’s functions”.
9 Section 338 (paragraph beginning “The Advisory Council’s”)
After “the Complaints Commissioner”, insert “, the Aboriginal and Torres Strait Islander Aged Care Commissioner”.
10 After subparagraph 344(2)(c)(ii)
Insert:
11 At the end of paragraph 344(2)(d)
Add:
; and (iv) the functions of the Aboriginal and Torres Strait Islander Aged Care Commissioner referred to in section 361B.
12 After paragraph 345(b)
Insert:
13 At the end of section 346
Add:
; (c) to assist the Aboriginal and Torres Strait Islander Aged Care Commissioner in the performance of the Aboriginal and Torres Strait Islander Aged Care Commissioner’s functions.
14 After subparagraph 350(d)(iii)
Insert:
(iiia)the functions of the Aboriginal and Torres Strait Islander Aged Care Commissioner;
15 After Division 3 of Part 3 of Chapter 5
Insert:
Division 3A · Establishment and functions of the Aboriginal and Torres Strait Islander Aged Care Commissioner
361AAboriginal and Torres Strait Islander Aged Care Commissioner#
(1)There is to be an Aboriginal and Torres Strait Islander Aged Care Commissioner of the Aged Care Quality and Safety Commission.
(2)The Aboriginal and Torres Strait Islander Aged Care Commissioner is to be appointed by the Minister by written instrument.
(3)The Aboriginal and Torres Strait Islander Aged Care Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
(4)The Aboriginal and Torres Strait Islander Aged Care Commissioner may be reappointed but must not be reappointed more than once.
Criteria for appointment and selection
(5)Before appointing a person as the Aboriginal and Torres Strait Islander Aged Care Commissioner, the Minister must be satisfied that the person:
(a)is an Aboriginal or Torres Strait Islander person; and
(b)identifies as an Aboriginal or Torres Strait Islander person; and
(c)is accepted by the person’s community as being an Aboriginal or Torres Strait Islander person; and
(d)has significant experience in community life of Aboriginal or Torres Strait Islander persons; and
(e)has been selected for appointment through a process that meets the conditions in subsection (6).
(6)The process for selecting the person for the appointment must meet the following conditions:
(a)Aboriginal or Torres Strait Islander persons, and their communities, must be involved in designing the process;
(b)the process must be designed having regard to the interests and needs of older Aboriginal or Torres Strait Islander persons;
(c)the process must:
(i)be merit-based; and
(ii)include public advertising of the position.
361BFunctions of the Aboriginal and Torres Strait Islander Aged Care Commissioner#
(1)The Aboriginal and Torres Strait Islander Aged Care Commissioner has the following functions:
(a)the Aboriginal and Torres Strait Islander aged care commissioner functions (see section 361C);
(b)any other functions conferred by this Act or any other law of the Commonwealth;
(c)any other function relating to funded aged care, or Aboriginal or Torres Strait Islander persons, communities, organisations or aged care providers, that is prescribed by the rules for the purposes of this paragraph;
(d)to do anything incidental or conducive to the performance of the above functions.
(2)The Aboriginal and Torres Strait Islander Aged Care Commissioner may, by notifiable instrument, make guidelines relating to the performance of any of the functions mentioned in subsection (1).
(3)The Aboriginal and Torres Strait Islander Aged Care Commissioner has power to do all things necessary or convenient to be done for or in connection with the performance of the functions mentioned in subsection (1).
(4)In performing the functions mentioned in subsection (1), the Aboriginal and Torres Strait Islander Aged Care Commissioner must:
(a)take reasonable steps to provide opportunities for Aboriginal or Torres Strait Islander persons, communities, organisations and aged cared providers to engage with the Aboriginal and Torres Strait Islander Aged Care Commissioner; and
(b)take into consideration the Statement of Principles, the rights under the Statement of Rights, and the wishes and views of Aboriginal or Torres Strait Islander persons accessing funded aged care services.
(5)In performing the functions mentioned in subsection (1), the Aboriginal and Torres Strait Islander Aged Care Commissioner may consult with the following:
(a)the System Governor;
(b)the Inspector-General of Aged Care;
(c)the Pricing Authority;
(d)the Complaints Commissioner.
361CAboriginal and Torres Strait Islander aged care commissioner functions#
The Aboriginal and Torres Strait Islander aged care commissioner functions of the Aboriginal and Torres Strait Islander Aged Care Commissioner are the following:
(a)to advise on, and develop with the System Governor, the strategic direction in relation to improving and expanding the access of Aboriginal or Torres Strait Islander persons to funded aged care services;
(b)to provide the System Governor advice on matters relating to access to, or the provision of, funded aged care services to Aboriginal or Torres Strait Islander persons;
(c)to promote, and advocate for the incorporation of, the views, needs and experiences of Aboriginal or Torres Strait Islander persons in the provision of funded aged care services, including through:
(i)providing advice to the System Governor and broader aged care sector; and
(ii)advising on the design, development and delivery of Commonwealth aged care policies and programs; and
(iii)assisting individuals, their families and support people to access support to navigate the aged care system;
(d)to engage directly with Aboriginal or Torres Strait Islander persons, communities, organisations and aged care providers from across Australia in relation to access to, or the provision of, funded aged care services, including in regional and remote areas;
(e)to provide guidance on, and assess and benchmark the provision of, cultural safety training in relation to the access of Aboriginal or Torres Strait Islander persons to funded aged care services or the provision of such services;
(f)to undertake, commission and advise on research into access to, and provision of, funded aged care services to Aboriginal or Torres Strait Islander persons, including through providing advice and guidance on the collection, use and storage of information about Aboriginal or Torres Strait Islander persons;
(g)to support Aboriginal or Torres Strait Islander organisations prepare to become registered providers;
(h)to support the design, development and delivery of workforce programs to build the capacity of Aboriginal or Torres Strait Islander aged care workers and to increase the representation of Aboriginal or Torres Strait Islander persons in the aged care workforce;
(i)to support, and provide education to, aged care providers to build their capacity to deliver Aboriginal or Torres Strait Islander persons funded aged care services that are culturally safe, culturally appropriate, trauma-aware and healing-informed.
361DAboriginal and Torres Strait Islander Aged Care Commissioner must prepare annual work plan#
(1)The Aboriginal and Torres Strait Islander Aged Care Commissioner must prepare a work plan, in writing, for each financial year.
(2)The work plan for a financial year must set out the key outcomes and priorities for the Aboriginal and Torres Strait Islander Aged Care Commissioner for the financial year.
(3)The Aboriginal and Torres Strait Islander Aged Care Commissioner must consult the Minister in preparing a work plan for a financial year. The Aboriginal and Torres Strait Islander Aged Care Commissioner may also consult any other person the Aboriginal and Torres Strait Islander Aged Care Commissioner considers appropriate.
Note: See also subsection 361B(5) for consultation with others in relation to the performance of the Aboriginal and Torres Strait Islander Aged Care Commissioner’s functions.
(4)The Aboriginal and Torres Strait Islander Aged Care Commissioner must publish the work plan for a financial year as soon as practicable after it has been finalised.
(5)A work plan prepared under subsection (1) is not a legislative instrument.
Variation of annual work plan
(6)The Aboriginal and Torres Strait Islander Aged Care Commissioner may vary a work plan for a financial year if the Aboriginal and Torres Strait Islander Aged Care Commissioner is satisfied that it is reasonable and appropriate to do so.
(7)The Aboriginal and Torres Strait Islander Aged Care Commissioner must publish the work plan, as varied, as soon as practicable after the work plan has been varied.
(8)A varied work plan is not a legislative instrument.
Publication of work plans and varied work plans
(9)A work plan or varied work plan may be published for the purposes of this section in such manner as the Aboriginal and Torres Strait Islander Aged Care Commissioner thinks fit.
361EAboriginal and Torres Strait Islander Aged Care Commissioner may notify System Governor of matters#
(1)The Aboriginal and Torres Strait Islander Aged Care Commissioner may, in writing, notify and advise the System Governor of a matter relating to the access to, or provision of, funded aged care services to Aboriginal or Torres Strait Islander persons.
(2)The rules may make provision for, or in relation to, a notice for the purposes of subsection (1).
(3)This section does not limit the Aboriginal and Torres Strait Islander Aged Care Commissioner’s functions under section 361C.
361FAboriginal and Torres Strait Islander Aged Care Commissioner may request information or documents from persons#
(1)If the Aboriginal and Torres Strait Islander Aged Care Commissioner reasonably believes that a person has information or documents relevant to the Aboriginal and Torres Strait Islander Aged Care Commissioner’s functions, the Aboriginal and Torres Strait Islander Aged Care Commissioner may request the person to give the Aboriginal and Torres Strait Islander Aged Care Commissioner any such information or documents (or copies of any such documents).
(2)The person is not required to comply with the request.
361GMinister may give directions#
(1)The Minister may, by legislative instrument, give written directions to the Aboriginal and Torres Strait Islander Aged Care Commissioner about the performance of the Aboriginal and Torres Strait Islander Aged Care Commissioner’s functions.
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).
(2)A direction given by the Minister under subsection (1):
(a)must be of a general nature only; and
(b)must not relate to a particular registered provider or individual accessing, or seeking to access, funded aged care services.
(3)The Aboriginal and Torres Strait Islander Aged Care Commissioner must comply with a direction under subsection (1).
(4)Subsection (3) does not apply to the extent that the direction relates to the Aboriginal and Torres Strait Islander Aged Care Commissioner’s performance of functions or exercise of powers under the following Acts:
(a)the Public Service Act 1999;
(b)the Public Governance, Performance and Accountability Act 2013.
16 Section 375
After “Complaints Commissioner”, insert “, the Aboriginal and Torres Strait Islander Aged Care Commissioner”.
17 At the end of Division 6 of Part 3 of Chapter 5
Add:
375AAnnual reporting on matters relating to the Aboriginal and Torres Strait Islander Aged Care Commissioner#
(1)In addition to the annual report given by the Commissioner to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period (the reporting period), the Aboriginal and Torres Strait Islander Aged Care Commissioner must provide a report to the Minister for the reporting period.
(2)The report must include the following:
(a)a summary of activity undertaken in the reporting period by the Aboriginal and Torres Strait Islander Aged Care Commissioner in relation to each Aboriginal and Torres Strait Islander aged care commissioner function;
(b)the key outcomes achieved by the Aboriginal and Torres Strait Islander Aged Care Commissioner for Aboriginal or Torres Strait Islander persons in the reporting period;
(c)analysis of engagement by the Aboriginal and Torres Strait Islander Aged Care Commissioner with Aboriginal or Torres Strait Islander persons, communities and organisations, aged care providers and others in the reporting period;
(d)any other matters prescribed by the rules.
(3)The annual report must be made publicly available in such manner as the Aboriginal and Torres Strait Islander Aged Care Commissioner thinks fit.
375BMinister may request report on matters relating to Aboriginal and Torres Strait Islander Aged Care Commissioner’s functions#
(1)The Minister may, by notice in writing given to the Aboriginal and Torres Strait Islander Aged Care Commissioner, request the Aboriginal and Torres Strait Islander Aged Care Commissioner to inquire into and report to the Minister on a matter mentioned in section 361B.
(2)When a request is made under subsection (1), the Aboriginal and Torres Strait Islander Aged Care Commissioner must inquire into the matter and give the Minister a report in writing on that matter.
18 Paragraph 555(b)
Omit “and Complaints Commissioner”, substitute “, Complaints Commissioner and Aboriginal and Torres Strait Islander Aged Care Commissioner”.
19 Section 575 (at the end of the heading)
20 Subsection 575(1)
After “Complaints Commissioner”, insert “or the Aboriginal and Torres Strait Islander Aged Care Commissioner”.
21 Subsection 575(2)
Omit “the Complaints Commissioner, the Complaints Commissioner”, substitute “another Commissioner, the other Commissioner”.
22 Subsection 575(3)
Omit “the Complaints Commissioner”, substitute “the other Commissioner”.
23 Subsection 575(4)
Omit “the Complaints Commissioner, the Complaints Commissioner”, substitute “another Commissioner, the other Commissioner”.
24 Subsection 575(5)
Omit “the Complaints Commissioner”, substitute “the other Commissioner”.
25 After Division 3 of Part 3 of Chapter 8
Insert:
Division 3A · Delegation by Aboriginal and Torres Strait Islander Aged Care Commissioner
576ADelegation by Aboriginal and Torres Strait Islander Aged Care Commissioner#
Delegation to staff of the Commission
(1)The Aboriginal and Torres Strait Islander Aged Care Commissioner may, in writing, delegate all or any of the Aboriginal and Torres Strait Islander Aged Care Commissioner’s functions or powers under this Act, to a member of the staff of the Commission.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
Delegation to holders of specified non-SES offices or positions
(2)Before delegating a function or power under subsection (1) to an APS employee holding, occupying, or performing the duties of a specified office or position that is not an SES office or position, the Aboriginal and Torres Strait Islander Aged Care Commissioner must have regard to whether the office or position is sufficiently senior for the employee to perform the function or exercise the power.
Delegation to consultants
(3)The Aboriginal and Torres Strait Islander Aged Care Commissioner may, in writing, delegate all or any of the Aboriginal and Torres Strait Islander Aged Care Commissioner’s functions or powers under this Act, to a consultant engaged under section 371.
(4)Before delegating a function or power under subsection (3) to a person, the Aboriginal and Torres Strait Islander Aged Care Commissioner must have regard to whether the person has appropriate qualifications or expertise to perform the function or exercise the power.
Schedule 2 · Amendments relating to the Aged Care System Modification Rules
Part 1 · Amendment of the Aged Care Act 2024
Aged Care Act 2024#
1 Section 89
Before “A”, insert “(1)”.
2 At the end of section 89
Add:
(2)A decision that has ceased to have effect under subsection (1) resumes being in effect for a period in circumstances prescribed by the rules.
3 Paragraph 92(4)(b)
Omit “if the service group is residential care—”.
4 Subsection 250(1) (note)
Repeal the note, substitute:
Note 1: Subsidy is not payable to the extent that there are insufficient funds in an individual’s relevant notional account: see section 251A.
Note 2: Subsidy may also be payable in advance of a claim being made: see Subdivision AA.
5 After subsection 251(4)
Insert:
(4A)In approving a claim for payment of an amount of subsidy to a registered provider for the relevant period for the subsidy, the System Governor must increase or reduce the amount to make any adjustments that are necessary to take account of any subsidy paid to the registered provider for the relevant period for the subsidy in accordance with Subdivision AA.
6 After Subdivision A of Division 6 of Part 2 of Chapter 4
Insert:
Subdivision AA · Payments of subsidy for home support, assistive technology and home modifications in advance of claims
253APayments of subsidy in advance of claims#
Subsidy that would have been payable to a registered provider under section 250 if the registered provider had given the System Governor a claim for that subsidy in accordance with section 251 is also payable by the Commonwealth to the registered provider under that section if:
(a)the registered provider gives the System Governor a request for that subsidy in accordance with subsection 253B(1); and
(b)the System Governor approves the request in accordance with subsection 253B(2).
253BRequests for payments of subsidy in advance of claims#
(1)For the purposes of obtaining payment, a registered provider must give to the System Governor a request, in an approved form, for any subsidy that is payable in accordance with section 253A, for the relevant period for the subsidy, to the registered provider for a funded aged care service delivered to an individual through a service delivery branch of the registered provider during the relevant period.
(2)The System Governor may approve the request for the whole or any part of any subsidy that is payable in accordance with section 253A to the registered provider as soon as reasonably practicable after the request is given to the System Governor under subsection (1) if:
(a)the payment is likely to mitigate a risk to the financial viability and sustainability of the registered provider that could disrupt the delivery of funded aged care services by the registered provider; or
(b)the circumstances (if any) prescribed by the rules apply.
(3)To avoid doubt, for the purposes of this section:
(a)multiple requests can be made for a single relevant period; and
(b)requests for multiple days in the same relevant period can be included in a single request.
253CWorking out amounts of payments of subsidy in advance of claims#
(1)If the System Governor pays an amount of subsidy in accordance with this Subdivision to a registered provider for a relevant period for the subsidy, the System Governor must work out the amount for the relevant period by estimating the amount of subsidy that would be payable under Subdivision A for the relevant period if the registered provider had given the System Governor a claim for that subsidy in accordance with section 251 for the period, taking into account any deductions under subsection 261(1).
(2)The amounts referred to in subsection (1) must be worked out in accordance with any requirements prescribed by the rules.
253DClaims for subsidy following payments of subsidy in accordance with this Subdivision#
For the avoidance of doubt, if the System Governor pays an amount of subsidy in accordance with this Subdivision to a registered provider for a relevant period for the subsidy, the registered provider must give the System Governor a claim for that subsidy in accordance with section 251.
Note: If the registered provider fails to give the System Governor a claim for that subsidy in accordance with section 251, the amount of subsidy paid is a recoverable amount, and the entity is a debtor in relation to the amount: see subsection 514(4).
7 Paragraph 315(2)(a)
After “period”, insert “(if any)”.
8 Subsection 316(1) (note)
Omit “income”, substitute “individual contribution rate”.
9 Paragraph 316(2)(a)
Omit “social security decisions”, substitute “decisions, the taking of certain actions, the operation of certain laws or programs or on the basis of certain information”.
10 Section 317
Repeal the section, substitute:
317Varying individual contribution rate determination following certain decisions, actions, operation of laws or programs or information#
(1)This section applies if:
(a)an individual contribution rate determination is in force for an individual; and
(b)the determination is no longer correct:
(i)because of a decision made under, an administrative action taken under, or the operation of, the social security law (within the meaning of the Social Security Act 1991), a centrelink program or a law or program prescribed by the rules; or
(ii)on the basis of information referred to in subsection (1A); and
(c)any requirements prescribed by the rules are met.
Note: For centrelink program, see section 40 of the Human Services (Centrelink) Act 1997.
(1A)For the purposes of subparagraph (1)(b)(ii), the information is information:
(a)obtained under or for the purposes of a law or program referred to in subparagraph (1)(b)(i); and
(b)that is held by the System Governor, the Chief Executive Centrelink or the Chief Executive Medicare.
(2)The System Governor must, within the period (if any) prescribed by the rules, vary the determination.
Effect of decision—increase in individual contribution rate
(4)Subject to subsection (5), if:
(a)the variation results in an increase to the individual contribution rate for an individual for a means testing category; and
(b)on the day the variation is made, the individual has the classification type ongoing for the service group home support in effect;
the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the day after the end of the quarter in which the variation is made.
(4A)Subject to subsection (5), if:
(a)the variation results in an increase to the individual contribution rate for an individual for a means testing category; and
(b)on the day the variation is made, the individual has the classification type ongoing for the service group assistive technology in effect;
the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the next anniversary of the entry day for the individual for the classification type for the service group.
(4B)Subject to subsection (5), if:
(a)the variation results in an increase to the individual contribution rate for an individual for a means testing category; and
(b)on the day the variation is made, the individual has the classification type short-term for the service group home support, assistive technology or home modifications in effect;
the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the next period of effect (if any) of a classification level for the classification type for the service group.
Effect of decision—decrease in individual contribution rate
(4C)Subject to subsection (5), if the variation results in a decrease to the individual contribution rate for an individual for a means testing category, the variation takes effect for a funded aged care service in the category on the day of the occurrence of the event or change in circumstances:
(a)that resulted in the decision, action or operation referred to in subparagraph (1)(b)(i) being made, taken or occurring; or
(b)to which the information referred to in subparagraph (1)(b)(ii) relates;
(as applicable).
Effect of decision—rules
(5)The rules may prescribe that, in specified circumstances, the variation takes effect on a specified day, which must not be earlier than the day of the occurrence of the event or change in circumstances:
(a)that resulted in the decision, action or operation referred to in subparagraph (1)(b)(i) being made, taken or occurring; or
(b)to which the information referred to in subparagraph (1)(b)(ii) relates;
(as applicable).
11 Subsections 318(5) and (6)
Repeal the subsections, substitute:
Effect of decision—increase in individual contribution rate
(5)Subject to subsection (6), if:
(a)the variation results in an increase to the individual contribution rate for an individual for a means testing category; and
(b)on the day the variation is made, the individual has the classification type ongoing for the service group home support in effect;
the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the day after the end of the quarter in which the variation is made.
(5A)Subject to subsection (6), if:
(a)the variation results in an increase to the individual contribution rate for an individual for a means testing category; and
(b)on the day the variation is made, the individual has the classification type ongoing for the service group assistive technology in effect;
the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the next anniversary of the entry day for the individual for the classification type for the service group.
(5B)Subject to subsection (6), if:
(a)the variation results in an increase to the individual contribution rate for an individual for a means testing category; and
(b)on the day the variation is made, the individual has the classification type short-term for the service group home support, assistive technology or home modifications in effect;
the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the next period of effect (if any) of a classification level for the classification type for the service group.
Effect of decision—decrease in individual contribution rate
(5C)Subject to subsection (6), if the variation results in a decrease to the individual contribution rate for an individual for a means testing category, the variation takes effect for a funded aged care service in the category on the day the event or change in the individual’s circumstances occurred.
Effect of decision—rules
(6)The rules may prescribe that, in specified circumstances, the variation takes effect on a specified day (which must not be earlier than the day the event or change in the individual’s circumstances occurred).
12 Subsection 324(2A)
Omit “Subdivision D”, substitute “section 336”.
13 After subsection 324(2A)
Insert:
(2B)The income determination must be varied following the making of certain decisions, the taking of certain actions, the operation of certain laws or programs or on the basis of certain information (see section 325A).
14 Section 325 (at the end of the heading)
Add “by individual”.
15 Subsection 325(1)
Omit “Subdivision D”, substitute “section 336”.
16 After section 325
Insert:
325AVarying income determination following certain decisions, actions, operation of laws or programs or information#
(1)This section applies if:
(a)an income determination is in force for an individual; and
(b)the determination is no longer correct:
(i)because of a decision made under, an administrative action taken under, or the operation of, a law or program referred to in subparagraph 317(1)(b)(i); or
(ii)on the basis of information referred to in subsection 317(1A); and
(c)any requirements prescribed by the rules are met.
(2)The System Governor must, within the period (if any) prescribed by the rules, vary the determination.
17 After paragraph 331(2)(b)
Insert:
(ba)in accordance with a decision required by section 334 (decisions required in certain circumstances if the System Governor has been notified of the occurrence of an event or a change in the individual’s circumstances under section 337); or
18 Paragraph 331(2)(c)
Omit “334”, substitute “334A”.
19 Subsection 331(2A)
Omit “Subdivision D”, substitute “section 336”.
20 After subsection 331(2A)
Insert:
(2B)The asset determination must be varied following the making of certain decisions, the taking of certain actions, the operation of certain laws or programs or on the basis of certain information (see section 332A).
21 Section 332 (at the end of the heading)
Add “by individual”.
22 Subsection 332(1)
Omit “Subdivision D”, substitute “section 336”.
23 After section 332
Insert:
332AVarying asset determination following certain decisions, actions, operation of laws or programs or information#
(1)This section applies if:
(a)an asset determination is in force for an individual; and
(b)the determination is no longer correct:
(i)because of a decision made under, an administrative action taken under, or the operation of, a law or program referred to in subparagraph 317(1)(b)(i); or
(ii)on the basis of information referred to in subsection 317(1A); and
(c)any requirements prescribed by the rules are met.
(2)The System Governor must, within the period (if any) prescribed by the rules, vary the determination.
24 After section 333
Insert:
334Varying or revoking asset determination in certain circumstances following notification of event or change in circumstances by registered provider#
Application
(1A)This section applies if:
(a)an asset determination is in force for an individual; and
(b)the System Governor has been notified of the occurrence of an event or a change in the individual’s circumstances under section 337; and
(c)the event or change in circumstances is not set out in the notice of the asset determination (see subsection 329(8)) or a notice of a decision to vary the asset determination (see subsection 335(1)); and
(d)the asset determination is no longer correct because of the occurrence of the event or change in the individual’s circumstances; and
(e)any circumstances prescribed by the rules do not apply.
Initial notice to individual
(1)The System Governor must give the individual a written notice (the initial notice).
(2)The initial notice must:
(aa)inform the individual that the System Governor has been notified of the occurrence of an event or a change in the individual’s circumstances under section 337; and
(ab)set out the event or change in the individual’s circumstances; and
(a)inform the individual that the event or change in the individual’s circumstances may be a reason to vary or revoke the asset determination, and what the effect of the variation or revocation would be; and
(b)invite the individual to make a submission to the System Governor in relation to the matter within the period specified in the initial notice (which must not be less than 28 days after giving the initial notice); and
(c)inform the individual that the System Governor may decide to vary or revoke the asset determination:
(i)if no submission is made within the specified period; or
(ii)after considering any submission made by the individual within the specified period.
Further notice if individual does not respond to initial notice
(2A)If the individual does not make a submission within the specified period, the System Governor must give the individual a written notice (the further notice).
(2B)The further notice must:
(a)contain the information referred to in paragraphs (2)(aa), (ab) and (a) contained in the initial notice; and
(b)invite the individual to make a submission to the System Governor in relation to the matter within the period specified in the further notice (which must not be less than 28 days after giving the further notice); and
(c)inform the individual that the System Governor may decide to vary or revoke the asset determination:
(i)if no submission is made within the specified period; or
(ii)after considering any submission made by the individual within the specified period.
Request for further information in initial or further notice
(3)The System Governor may also request, in the initial notice or further notice, that the individual give the System Governor the information specified in the notice, within the period specified in the notice for the purposes of paragraph (2)(b) or (2B)(b), to assist the System Governor to decide whether to vary or revoke the asset determination.
Note: The individual is not obliged to give the information.
Request for further information following submission by individual
(4)If the individual makes a submission in accordance with the invitation under paragraph (2)(b) or (2B)(b), the System Governor may, by written notice, request the individual to give the System Governor further information, within the period specified in the notice (which must not be less than 28 days after giving the notice), to assist the System Governor to decide whether to vary or revoke the asset determination.
Note 1: The System Governor may request further information under this subsection regardless of whether information was requested or given under subsection (3).
Note 2: The individual is not obliged to give the information.
(5)The System Governor may, at the request of the individual, extend the period specified for paragraph (2)(b) or (2B)(b) or subsection (4).
Deciding whether to vary or revoke asset determination
(6)The System Governor must:
(a)consider any submission made in accordance with the invitation under paragraph (2)(b) or (2B)(b) and any further information given in accordance with a request under subsection (3) or (4); and
(b)make a decision whether to vary or revoke the asset determination within the period specified in the rules.
25 Section 334
Renumber as section 334A.
26 Subsection 335(3)
After “334”, insert “or 334A”.
27 Before subsection 337(1)
Insert:
(1A)A registered provider delivering funded aged care services through the service group residential care to an individual with the classification type ongoing for that service group must notify the System Governor of:
(a)the occurrence of an event or a change in the individual’s circumstances prescribed by the rules; and
(b)any information prescribed by the rules relating to the event or change in the individual’s circumstances.
28 Subsection 337(1)
Omit “may notify the System Governor of the occurrence of any”, substitute “must notify the System Governor of the occurrence of any other”.
29 Subsections 337(2) and (3)
After “subsection”, insert “(1A) or”.
30 At the end of section 514
Add:
Recoverable amounts—subsidy for home support, assistive technology and home modifications paid in advance of claims but not subsequently claimed
(4)An amount of subsidy paid to an entity in accordance with Subdivision AA of Division 6 of Part 2 of Chapter 4 is a recoverable amount, and the entity is a debtor in relation to the amount, if the entity fails to give the System Governor a claim for that subsidy in accordance with section 251.
Part 2 · Amendment of the Aged Care Rules 2025
Division 5 · Period of effect of decisions
89-5Circumstances in which decisions resume being in effect for a period#
(1)For the purposes of subsection 89(2) of the Act, this section prescribes circumstances in which a decision under subsection 86(1) of the Act about an individual’s priority category for a classification type for a service group that has ceased to have effect under subsection 89(1) of the Act resumes being in effect for a period.
Place allocated but taken to be withdrawn—service groups home support, assistive technology and home modifications
(2)A decision about an individual’s priority category for a classification type for a service group that has ceased to have effect under paragraph 89(1)(a) or (aa) of the Act:
(a)resumes being in effect, immediately after it ceased to have effect, if:
(i)the place allocated to the individual for the classification type for the service group under subsection 92(1) of the Act does not take effect and is taken to be withdrawn under subsection 92A(2) of the Act; and
(ii)the individual notifies the System Governor that the individual needs the decision to resume being in effect; and
(b)remains in effect in accordance with section 89 of the Act.
Classification level resumes being in effect under section 80-49—service group home support
(3)A decision about an individual’s priority category for a classification type for the service group home support that has ceased to have effect under paragraph 89(1)(a) of the Act:
(a)resumes being in effect if:
(i)the place allocated to the individual for the classification type for the service group under subsection 92(1) of the Act ceased to have effect under paragraph 92A-10(a) of this instrument because a classification level for the classification type ongoing for the service group residential care has taken effect for the individual; and
(ii)a classification level for a classification type for the service group home support for the individual, that ceased being in effect because the classification level for the classification type ongoing for the service group residential care mentioned in subparagraph (i) has taken effect for the individual, resumes being in effect under subsection 80-49(1) of this instrument; and
(iii)the individual notifies the System Governor that the individual needs the decision to resume being in effect; and
(b)resumes being in effect when the individual so notifies the System Governor; and
(c)remains in effect in accordance with section 89 of the Act.
Classification level resumes being in effect under section 80-49—classification type short-term for service group assistive technology
(4)A decision about an individual’s priority category for the classification type short-term for the service group assistive technology that has ceased to have effect under paragraph 89(1)(aa) of the Act:
(a)resumes being in effect if:
(i)the place allocated to the individual for the classification type for the service group under subsection 92(1) of the Act ceased to have effect under paragraph 92A-10(a) of this instrument because a classification level for the classification type ongoing for the service group residential care has taken effect for the individual; and
(ii)a classification level for the classification type short-term for the service group assistive technology for the individual, that ceased being in effect because the classification level for the classification type ongoing for the service group residential care mentioned in subparagraph (i) has taken effect for the individual, resumes being in effect under subsection 80-49(3) of this instrument; and
(iii)the individual notifies the System Governor that the individual needs the decision to resume being in effect; and
(b)resumes being in effect when the individual so notifies the System Governor; and
(c)remains in effect in accordance with section 89 of the Act.
Classification level resumes being in effect under section 80-49—classification type short-term for home modifications
(5)A decision about an individual’s priority category for the classification type short-term for the service group home modifications that has ceased to have effect under paragraph 89(1)(aa) of the Act:
(a)resumes being in effect if:
(i)the place allocated to the individual for the classification type for the service group under subsection 92(1) of the Act ceased to have effect under paragraph 92A-10(a) of this instrument because a classification level for the classification type ongoing for the service group residential care has taken effect for the individual; and
(ii)a classification level for the classification type short-term for the service group home modifications for the individual, that ceased being in effect because the classification level for the classification type ongoing for the service group residential care mentioned in subparagraph (i) has taken effect for the individual, resumes being in effect under subsection 80-49(4) of this instrument; and
(iii)the individual notifies the System Governor that the individual needs the decision to resume being in effect; and
(b)resumes being in effect when the individual so notifies the System Governor; and
(c)remains in effect in accordance with section 89 of the Act.
32 Section 315-10
Repeal the section.
33 After section 316-5
Insert:
317-1Laws and programs#
For the purposes of subparagraph 317(1)(b)(i) of the Act, the laws and programs are the following:
(a)A New Tax System (Family Assistance) Act 1999;
(b)A New Tax System (Family Assistance) (Administration) Act 1999;
(c)Farm Household Support Act 2014;
(d)MRC Act;
(e)Paid Parental Leave Act 2010;
(f)Safety, Rehabilitation and Compensation (Defence-related claims) Act 1988;
(g)Student Assistance Act 1973;
(h)Veterans’ Entitlements Act;
(i)the program specified in item 430.017 (F111 Payments) of Part 4 of Schedule 1AA to the Financial Framework (Supplementary Powers) Regulations 1997.
34 Sections 317-5 and 318-10
Repeal the sections.
35 Subsection 324-5(2)
Repeal the subsection, substitute:
Variation results in no change to, or a decreased, means tested amount
(2)If the variation results in:
(a)no change to the individual’s daily means tested amount; or
(b)a decrease to the individual’s daily means tested amount;
the day specified must be the day the event or change in circumstances occurred.
36 Paragraph 324-5(3)(a)
Repeal the paragraph, substitute:
(a)if the decision under subsection 324(1) of the Act to vary the income determination is made because the individual notified the System Governor of an event or change in the individual’s circumstances as required by section 336 of the Act, and the individual gave the notification within 28 days of the day the event or change in circumstances occurred—the day notice of the decision is given; or
37 Section 325-5 (at the end of the heading)
Add “by individual”.
38 Subsections 331-5(2) and (3)
Repeal the subsections, substitute:
Variation results in no change to, or a decreased, means tested amount
(2)If the variation results in:
(a)no change to the individual’s daily means tested amount; or
(b)a decrease to the individual’s daily means tested amount;
the day specified must be the day the event or change in circumstances occurred.
Variation results in an increased means tested amount
(3)If the variation results in an increase to the individual’s daily means tested amount, the day specified must be:
(a)if the decision under subsection 331(1) of the Act to vary the asset determination is made because the individual notified the System Governor of an event or change in the individual’s circumstances as required by section 336 of the Act, and the individual gave the notification within 28 days of the day the event or change in circumstances occurred—the day notice of the decision is given; or
(b)otherwise—28 days before the day notice of the decision under subsection 331(1) of the Act is given.
39 Section 334-5
Repeal the section, substitute:
334-1Varying or revoking asset determination following notification of event or change in circumstances by registered provider—circumstances in which section 334 of the Act does not apply#
(1)For the purposes of paragraph 334(1A)(e) of the Act, the circumstances are that:
(a)the event or change in circumstances of which the registered provider notified the System Governor under section 337 of the Act is:
(i)the payment of a refundable deposit by the individual; or
(ii)a change in the individual’s refundable deposit balance; and
(b)subsection (2) of this section applies to the individual.
(2)This subsection applies to the individual if:
(a)the difference between the following is less than $10,000:
(i)the amount of the individual’s refundable deposit balance included in the notice of the asset determination in force for the individual (see subsection 329(8) of the Act) or the most recent notice (if any) of a decision to vary the asset determination (see subsection 335(1) of the Act));
(ii)the amount of the individual’s refundable deposit balance of which the registered provider notified the System Governor under section 337 of the Act; or
(b)the individual has means not disclosed status; or
(c)on a day on or after the day the registered provider made the notification:
(i)the individual’s means tested care fee is zero under section 285A-14 of this instrument; or
(ii)the non-clinical care contribution for the individual is zero under subsection 279(5) of the Act; or
(d)the individual has died; or
(e)the individual has ceased accessing funded aged care services in an approved residential care home, without starting to access funded aged care services in another approved residential care home; or
(f)the System Governor has given the individual an initial notice under subsection 334(1) of the Act in relation to another event or a change in the individual’s circumstances and has not yet made a decision required by subsection 334(6) of the Act in relation to that event or change in circumstances.
334-5Period for varying or revoking asset determination—following notification of event or change in circumstances by registered provider#
For the purposes of paragraph 334(6)(b) of the Act, the period for making a decision under that paragraph is 28 days from:
(a)if no submission is made in accordance with the invitation in the initial notice under subsection 334(1) of the Act or the further notice under subsection 334(2A) of the Act—the end of the period specified in the further notice (including that period as extended (if applicable) under subsection 334(5) of the Act); or
(b)if a submission is made in accordance with the invitation in the initial notice under subsection 334(1) of the Act or the further notice (if any) under subsection 334(2A) of the Act, and no further information is requested under subsection 334(4) of the Act—the day the submission is made; or
(c)if a submission is made in accordance with the invitation in the initial notice under subsection 334(1) of the Act or the further notice (if any) under subsection 334(2A) of the Act, and further information is requested under subsection 334(4) of the Act—the day the individual gives the System Governor the further information.
40 After section 336-5
Insert:
337-1Notifications by registered providers—events and changes in circumstances and related information#
For the purposes of subsection 337(1A) of the Act, an event or change in an individual’s circumstances set out in an item of the following table, and the information relating to the event or change in the individual’s circumstances set out in that item, are prescribed.
| Events and changes in circumstances and related information | ||
|---|---|---|
| Item | Column 1Event or change in circumstances | Column 2Information |
| 1 | The individual pays a refundable deposit | The amount paid |
| 2 | A change in the individual’s refundable deposit balance | The amount of the balance after the change |
Part 3 · Repeal of the Aged Care (Consequential and Transitional Provisions) (Aged Care System Modification) Rules 2025
Aged Care (Consequential and Transitional Provisions) (Aged Care System Modification) Rules 2025#
41 The whole of the instrument
Repeal the instrument.
Part 4 · Transitional
42 Transition from Aged Care System Modification Rules
If:
(a) a thing was done before the commencement of this item; and
(b) the thing was done under or in relation to a modified operation of a provision of:
(i) the Aged Care Act 2024; or
(ii) the Aged Care Rules 2025;
arising out of the Aged Care (Consequential and Transitional Provisions) (Aged Care System Modification) Rules 2025;
that thing is taken, on and after that commencement, to have been done under or in relation to that provision of the Aged Care Act 2024 or the Aged Care Rules 2025 (as the case may be), as amended by this Schedule.
Schedule 3 · Other measures
Part 1 · Direct care staff member definition
Aged Care Act 2024#
1 Section 7 (definition of direct care staff member)
Repeal the definition, substitute:
direct care staff member has the meaning prescribed by the rules.
Part 2 · Excluding local government elected representatives from being responsible persons
Aged Care Act 2024#
2 At the end of section 12
Add:
Local government authorities
(3)However, a person is not a responsible person of a registered provider under paragraph (1)(a) or (b) if:
(a)the registered provider is a local government authority; and
(b)the person is an elected member of the local government authority.
3 Application
The amendment made by this Part applies on or after the commencement of this item, whether the person is a registered provider or is elected before, on or after that commencement.
Part 3 · Specialised status of residential care homes
Aged Care Act 2024#
4 Before subsection 243(1)
Insert:
Application for specialised status
5 Before subsection 243(3)
Insert:
Deciding an application
6 After subsection 243(3)
Insert:
(3A)However, the System Governor must not determine that the approved residential care home has specialised status with effect for a period if, at any time during that period, the approved residential care home would have more than one kind of specialised status.
Notice of decision
7 Before subsection 243(5)
Insert:
Rules
8 Subsection 243A(3)
After “must”, insert “, in accordance with the rules,”.
9 Subsection 243A(4)
After “or (3) must”, insert “, in accordance with the rules,”.
10 At the end of section 243A
Add:
Rules
(5)The rules may prescribe requirements relating to the following:
(a)the process for revoking, or determining whether to revoke, a determination made under subsection 243(3);
(b)any other matter relating to revoking such a determination;
(c)working out the day such a revocation takes effect.
Part 4 · Payment of residential care subsidy
Aged Care Act 2024#
11 Subsection 256(1)
Omit “a payment period at such times as the System Governor thinks fit.”, substitute:
all or part of a payment period at such times and in such amounts:
(a)to the extent rules made for the purposes of this paragraph apply to the subsidy or a specified part of the subsidy—as are specified in the rules; or
(b)otherwise—as the System Governor determines.
12 Subsections 256(2) to (4)
Repeal the subsections, substitute:
Advances
(2)Payments under subsection (1) may be made in advance.
Note: The timing and amount of a payment in advance may be specified in the rules or determined by the System Governor having regard to various factors, including the following:
(a) any adjustments that are necessary to take account of any underpayments or overpayments in respect of advances previously paid;
(b) the likelihood of the Commonwealth’s right to recover a particular overpayment being written-off or waived under section 520 or 521.
Rules
(3)Without limiting paragraph (1)(a), rules made for the purposes of that paragraph may do any of the following:
(a)specify times, periods or amounts;
(b)specify a method for working out times, periods or amounts;
(c)specify a method for working out subsidies or parts of subsidies to which those rules apply.
13 Application
The amendments made by this Part apply in relation to payments of subsidy on or after the commencement of this item, whether the subsidy is payable for a payment period that ends before, on or after that commencement.
Part 5 · Individual contribution rate
Aged Care Act 2024#
14 After subsection 273(2)
Insert:
(2A)If a determination is not in effect under section 314 in relation to the individual’s individual contribution rate:
(a)the registered provider and the individual may, in writing, agree on an interim individual contribution rate; and
(b)if they do—the method statement in subsection (2) applies as if a reference to the individual contribution rate were a reference to the agreed interim individual contribution rate.
(2B)For the purposes of paragraph (2A)(a), the registered provider and the individual may consider, without limitation, the individual’s personal and financial circumstances (including the individual’s marital status, home ownership status and total assessable income and the value of the individual’s assets).
(2C)Paragraph (2A)(b) does not apply for the purposes of working out the individual contribution reduction for an individual.
Note: Individual contribution reduction for an individual is worked out under this section (disregarding step 4 of the method statement): see sections 200, 208, 217 and 226.
15 After section 273
Insert:
273AARefunding overpayments of individual contributions#
(1)A registered provider must refund an overpayment of an individual contribution in accordance with the rules.
(2)Without limiting subsection (1), the rules may make provision for and in relation to the following:
(a)circumstances in which an overpayment of an individual contribution must be refunded;
(b)the amount to be refunded;
(c)the period in which the refund must be made;
(d)any other requirements or matters relating to refunding an overpayment of an individual contribution.
16 Subsection 318A(5)
Repeal the subsection, substitute:
Effect of decision—increase in individual contribution rate
(5)Subject to subsection (6), if:
(a)the new determination results in an increase to the individual contribution rate for an individual for a means testing category; and
(b)on the day the determination is made, the individual has the classification type ongoing for the service group home support in effect;
the new determination takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the day after the end of the quarter in which it is made.
(5A)Subject to subsection (6), if:
(a)the new determination results in an increase to the individual contribution rate for an individual for a means testing category; and
(b)on the day the determination is made, the individual has the classification type ongoing for the service group assistive technology in effect;
the new determination takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the next anniversary of the entry day for the individual for the classification type for the service group.
(5B)Subject to subsection (6), if:
(a)the new determination results in an increase to the individual contribution rate for an individual for a means testing category; and
(b)on the day the determination is made, the individual has the classification type short-term for the service group home support, assistive technology or home modifications in effect;
the new determination takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the next period of effect (if any) of a classification level for the classification type for the service group.
Effect of decision—decrease in individual contribution rate
(5C)Subject to subsection (6), if the new determination results in a decrease to the individual contribution rate for an individual for a means testing category, the determination takes effect for a funded aged care service in the category on the day of occurrence of the event or circumstance because of which the System Governor is satisfied the determination is no longer correct.
Part 6 · Refunding overpaid amounts
Aged Care Act 2024#
17 Before subsection 285(2)
Insert:
Amounts paid in advance
18 Subsection 285(3)
Repeal the subsection.
19 Before subsection 285(4)
Insert:
Rules
20 At the end of section 285
Add:
(5)The rules may prescribe requirements and other matters relating to an amount that an individual may be charged under this Division, including the following:
(a)circumstances in which all or part of such an amount may or must be refunded;
(b)matters relating to the payment of interest in relation to such a refund;
(c)any other matters relating to such a refund.
21 Before subsection 285A(2)
Insert:
Amounts paid in advance
22 Subsection 285A(3)
Repeal the subsection.
23 Before subsection 285A(4)
Insert:
Rules
24 At the end of section 285A
Add:
(5)The rules may prescribe requirements and other matters relating to an amount that an individual may be charged under this Division, including the following:
(a)circumstances in which all or part of such an amount may or must be refunded;
(b)matters relating to the payment of interest in relation to such a refund;
(c)any other matters relating to such a refund.
25 Before subsection 286(3)
Insert:
Amounts paid in advance
26 Subsection 286(4)
Repeal the subsection.
27 Before subsection 286(5)
Insert:
Rules
28 At the end of section 286
Add:
(6)The rules may prescribe requirements and other matters relating to an amount that an individual may be charged under this Division, including the following:
(a)circumstances in which all or part of such an amount may or must be refunded;
(b)matters relating to the payment of interest in relation to such a refund;
(c)any other matters relating to such a refund.
Part 7 · Individuals awaiting means assessment using refundable accommodation deposit to pay for care
Aged Care Act 2024#
29 Subparagraph 294(1)(ca)(ii)
Repeal the subparagraph.
30 Paragraph 294(1)(e)
Omit “subject to paragraph (ca),”.
31 Subsection 303(1)
Omit “Subject to paragraph 294(1)(ca), an”, substitute “An”.
32 Application
The amendments made by this Part apply on or after the commencement of this item in relation to an accommodation agreement whether made before, on or after that commencement, including in relation to an individual’s start day that is set out in such an agreement.
Part 8 · Transfer of refundable deposit balances to another provider
Aged Care Act 2024#
33 At the end of subsection 287(3)
Add:
; (e) any other matter relating to the treatment of an accommodation bond balance or an entry contribution balance in circumstances where a registered provider ceases to deliver those services in a residential care home, but there is continuity of the delivery of those services in the same residential care home by another registered provider.
34 Subparagraph 311(1)(b)(ii)
Repeal the subparagraph, substitute:
(ii)subsection 312(2) (transfer of services to another registered provider—refundable deposit obligations) does not apply in relation to the refundable deposit.
Note: For subparagraph (b)(ii), subsection 312(2) may not apply if there is no continuity in the delivery of service to the individual in the same residential care home (see subsection 312(1)) or in circumstances prescribed by the rules under subsection 312(4).
35 Section 312 (heading)
Repeal the heading, substitute:
312Transfer of services to another registered provider—refundable deposit obligations#
36 Subsections 312(2) and (3)
Repeal the subsections, substitute:
(2)For the purposes of this Act, the individual is taken to have paid the refundable deposit, and any top up amounts, to the incoming provider.
Note: Obligations under this Act relating to the individual’s refundable deposit and refundable deposit balance therefore apply to the incoming provider, including obligations under the following:
(a) section 150 (compliance with Financial and Prudential Standards);
(b) section 150A (refundable deposit register);
(c) section 178 (offences relating to non-permitted use of refundable deposits);
(d) section 310 (refundable deposits to be used only for permitted purposes);
(e) section 311 (refund of refundable deposit balances).
(3)The rules may prescribe the following:
(a)how and from when subsection (2) has effect in specified circumstances;
(b)any requirement on the outgoing provider or incoming provider to make arrangements in relation to obligations under this Act relating to the refundable deposit, including those arising as a result of subsection (2);
(c)any other matter relating to obligations under this Act relating to the refundable deposit, including those arising as a result of subsection (2).
Note: The rules may also make provision for, or in relation to, rights, obligations or responsibilities under this Chapter of certain outgoing providers: see paragraph 263(2)(b).
37 Application
The amendments made by this Part apply in relation to a registered provider ceasing to deliver ongoing funded aged care services through the service group residential care in a residential care home on or after the commencement of this item.
Part 9 · Requesting information for individual contribution rate determination
314AARequesting information for individual contribution rate determination#
(1)This section applies in relation to an individual if:
(a)the System Governor does not have, for the individual, the information prescribed by the rules for the purposes of this subsection; and
(b)the individual does not have an election in effect under subsection 314B(1) (electing to have means not disclosed status).
Initial notice to individual
(2)Before making an individual contribution rate determination for the individual, the System Governor must, in writing, request the individual to give the System Governor the information.
Further notice if individual does not respond
(3)If the individual does not give the System Governor the requested information before the end of the period of 21 days after the day the request was made, the System Governor must, in writing, again request the individual to give the System Governor the information.
Note: The individual is not required to give the System Governor the information requested under subsection (2) or (3). However, the System Governor must make a means not disclosed status determination for the individual under section 314A if the individual does not give the System Governor the information within the period prescribed by the rules for the purposes of subsection 314A(2).
39 Subsection 314A(2)
Omit “asked to provide specified information prescribed by the rules, within a specified period prescribed by the rules, and the individual fails to do so”, substitute “requested under section 314AA to provide information and the individual fails to do so within the period prescribed by the rules for the purposes of this subsection”.
40 Subsection 314A(4)
Omit “required as requested under subsection (2)”, substitute “requested under section 314AA”.
41 Subsections 314B(1) and (4)
Omit “subsection 314A(2)”, substitute “section 314AA”.
Part 10 · Exclude asset testing on amounts to be paid as a refundable deposit
Aged Care Act 2024#
42 After subsection 330(12)
Insert:
(12A)Also, subsection 1118(2) of the Social Security Act 1991 (proceeds of sale of principal home) does not apply, for the purposes of working out the value of the individual’s assets, in relation to proceeds the whole or a part of which individual intends to apply as mentioned in subparagraph 1118(1B)(c)(i) or (iii) of that Act, to the extent that the individual intends to apply those proceeds to pay a refundable deposit.
Note: This means that, to the extent the individual intends to apply the whole or part of the proceeds to pay a refundable deposit, those proceeds will not be disregarded in working out the value of the individual’s assets under this section.
43 Application
The amendment to section 330 of the Aged Care Act 2024 made by this Part apply in relation to the value of an individual’s assets at a time that is:
(a)on or after the commencement of this item; or
(b)before that commencement;
whether that value is determined before, on or after that commencement.
Part 11 · Residential care fees
Aged Care Act 2024#
44 At the end of section 285
Add:
Note: The rules may prescribe requirements relating to notifying an amount that an individual may be charged, or that is for, or payable by, the individual, under this Division: see section 337B.
45 At the end of section 285A
Add:
Note: The rules may prescribe requirements relating to notifying an amount that an individual may be charged under this Division: see section 337B.
46 At the end of section 298
Add:
Note 3: The rules may prescribe requirements relating to notifying the amount that the individual’s daily accommodation contribution for a day must not exceed under paragraph (b): see section 337B.
47 At the end of Part 6 of Chapter 4
Add:
337BRules about giving notice of fees or contributions payable#
(1)The rules may prescribe requirements relating to the System Governor notifying an individual, or notifying a registered provider delivering funded aged care services through the service group residential care to an individual, of the following amounts:
(a)an amount that the individual may be charged, or that is for, or payable by, the individual, under Division 2 of Part 3 of Chapter 4 (fees and contributions payable in an approved residential care home);
(b)an amount that the individual may be charged under Division 2A of that Part (fees and contributions payable for delivery of funded aged care services to individuals in prescribed classes);
(c)the amount that the individual’s daily accommodation contribution for a day must not exceed under paragraph 298(b) (charging accommodation contributions);
(d)any other amount prescribed by the rules for the purposes of this paragraph.
(2)Without limiting subsection (1), rules made for the purposes of that subsection may prescribe the following:
(a)circumstances in which the System Governor must notify an individual or a registered provider of an amount;
(b)information relating to an amount that the System Governor must include in a notice, including the following:
(i)the period to which the amount relates;
(ii)the date from which the amount applies in relation to the individual;
(c)other information that the System Governor must include in a notice;
(d)other requirements relating to the giving of a notice.
Aged Care Act 2024#
48 Before subsection 285A(1)
Insert:
Fee and contribution amounts
49 After subsection 285A(1)
Insert:
(1A)Without limiting subsection (1), rules made for the purposes of that subsection may specify that, in working out an amount for the purposes of that subsection:
(a)specified amounts are to be regarded or disregarded; or
(b)specified events are taken to have occurred or not occurred, or to have occurred or not occurred for a specified period.
50 Section 298
Before “A registered provider must”, insert “(1)”.
51 Paragraph 298(b)
Omit “exceed:”, substitute “exceed the following amounts, worked out in accordance with rules made for the purposes of this paragraph (if any):”.
52 Subparagraph 298(b)(i)
Omit “or”.
53 At the end of section 298 (after the notes)
Add:
(2)Without limiting paragraph (1)(b), rules made for the purposes of that paragraph may specify that, in working out an amount for the purposes of that paragraph:
(a)specified amounts are to be regarded or disregarded; or
(b)specified events are taken to have occurred or not occurred, or to have occurred or not occurred for a specified period.
Part 12 · Changes to deemed decision framework
Aged Care Act 2024#
54 At the end of subsection 565(1)
Add:
; and (c) the reviewable decision is not a decision by the System Governor referred to in items 1 to 19 of the table in section 557.
55 Application
The amendments made by this Part apply in relation to reviewable decisions made on or after the commencement of this item.
Part 13 · Recovering overpayments
598ARecoverable payments#
(1)If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount) to a person (the recipient), and the payment is purportedly made under this Act, then the Commonwealth may pay the relevant amount to the recipient.
Recovery
(2)If a payment is made under subsection (1) to the recipient, the relevant amount:
(a)is a debt due to the Commonwealth by the recipient; and
(b)is recoverable by the Commonwealth from the recipient.
(3)Part 13 of Chapter 6 (other than Division 1) applies in relation to the relevant amount and the recipient in the same way as it applies in relation to a recoverable amount and a debtor in relation to the recoverable amount.
Appropriation
(4)The Consolidated Revenue Fund is appropriated for the purposes of making payments under subsection (1).
Schedule 4 · Additional review for prescribed entry decisions
Aged Care Act 2024#
1 Section 7
Insert:
entry decision reviewer: see subsection 90D(4).
prescribed entry decision: see section 90A.
2 Section 55 (after the paragraph beginning “For the service groups”)
Insert:
A classification decision or a decision about an individual’s priority category, if made on or before 31 December 2027, may be reviewed and changed in certain circumstances, at the request of certain approved needs assessors connected with the decision, and with the consent of the individual.
3 Subsection 78(1) (note)
Omit “Note:”, substitute “Note 1:”.
4 At the end of subsection 78(1)
Add:
Note 2: Certain decisions under this subsection can be subject to additional review under Part 4A.
5 At the end of subsection 83(1)
Add:
Note: A classification decision can be subject to additional review under Part 4A.
6 At the end of subsection 86(1)
Add:
Note: Certain decisions under this subsection can be subject to additional review under Part 4A.
7 At the end of subsection 90(1)
Add:
Note: A decision under subsection 86(1) about an individual’s priority category can be subject to additional review under Part 4A.
8 After Part 4 of Chapter 2
Insert:
Part 4A · Additional review process for certain classification decisions and priority category decisions
90ADecisions subject to additional review#
(1)A decision by the System Governor for an individual for a classification type for a service group is a prescribed entry decision if subsections (2) and (3) apply to the decision.
(1A)However, despite subsection (1), a decision made by the System Governor after 31 December 2027 is not a prescribed entry decision.
(2)This subsection applies to the following:
(a)a classification decision under section 78 for the individual for the classification type ongoing for the service group home support;
(b)a decision under subsection 86(1) about the individual’s priority category for:
(i)the classification type ongoing for the service group home support; or
(ii)the classification type short-term or ongoing for the service group assistive technology; or
(iii)the classification type short-term for the service group home modifications.
(3)This subsection applies to a decision that meets the conditions (if any) prescribed by the rules.
90BRequesting additional review#
(1)A person may request the System Governor to review, under this Part, a prescribed entry decision for an individual if the person:
(a)is an approved needs assessor; and
(b)is authorised to make the decision; and
(c)is employed or otherwise engaged (however described) by the entity that employed or engaged (however described) the approved needs assessor who provided the classification assessment report or prioritisation report for the decision.
Note: The request is taken to not have been made in certain circumstances: see section 90C.
(2)The request may be made only if:
(a)the individual consents to the request; and
(b)the circumstances (if any) prescribed by the rules apply.
Note: If a request for review of a prescribed entry decision is made under this Part, requests (including by the individual) for reconsideration of the decision under Division 2 of Part 2 of Chapter 8 are affected by section 90G (additional reviews—interaction with reconsiderations).
(3)The request must:
(a)be made in writing and in the approved form; and
(b)comply with the requirements (if any) prescribed by the rules.
Timeframe for requests
(4)The request must be given to the System Governor within the following period after the day the prescribed entry decision was made:
(a)unless paragraph (b) applies—the period prescribed in the rules;
(b)if the System Governor determines a longer period for the request than would otherwise apply under paragraph (a)—that period.
(5)The System Governor may, at the request of the person who requested the review, extend the period under subsection (4).
90CWhen request taken not to be made#
(1)A request under subsection 90B(1) is taken, for the purposes of this Act (other than paragraph 90G(2)(b) (days to be disregarded for reconsideration and review provisions)) to not have been made if:
(a)the System Governor is satisfied that a requirement in this Part has not been met in relation to the request; or
(b)the person who requested the review withdraws the request before it is decided under subsection 90E(2).
Note: For paragraph (a), examples of requirements that may not be met include the following:
(a) the decision is not listed in subsection 90A(2);
(b) the decision does not meet the conditions prescribed by the rules for the purposes of subsection 90A(3);
(c) the person requesting the review does not meet the requirements in subsection 90B(1);
(d) the circumstances prescribed by the rules for the purposes of paragraph 90B(2)(b) do not apply;
(e) the request does not comply with the requirements prescribed by the rules for the purposes of paragraph 90B(3)(b).
(2)The System Governor must give the person who requested the review written notice that the request is taken to not have been made:
(a)if paragraph (1)(a) applies—as soon as practicable after receiving the request; or
(b)if paragraph (1)(b) applies—as soon as practicable after receiving the withdrawal.
90DDealing with a request for additional review#
(1)This section applies if a request is made under subsection 90B(1) to the System Governor to review, under this Part, a prescribed entry decision for an individual.
(2)The System Governor must, as soon as practicable after receiving the request, give the person who requested the review written notice that:
(a)states that the request has been received; and
(b)specifies the day the request was received.
Reviewing the prescribed entry decision
(3)The System Governor must:
(a)personally review the prescribed entry decision under section 90E; or
(b)cause the prescribed entry decision to be reviewed under section 90E by a delegate of the System Governor who:
(i)was not involved in making the decision; and
(ii)occupies a position in the Department.
(4)The person who reviews the prescribed entry decision under section 90E is the entry decision reviewer.
90EAdditional review—decision#
(1)This section applies if a request is made under subsection 90B(1) to the System Governor to review, under this Part, a prescribed entry decision for an individual.
(2)The entry decision reviewer for the review must, within the period prescribed in the rules, review the prescribed entry decision and decide to:
(a)affirm the prescribed entry decision; or
(b)vary the prescribed entry decision; or
(c)set aside the prescribed entry decision and substitute a new decision.
Note: For the effect of the decision, see section 90G.
Requirements for review and decision
(3)In reviewing the prescribed entry decision and making a decision under subsection (2), the entry decision reviewer:
(a)must have due regard to procedural fairness; and
(b)must have regard to any material on which the prescribed entry decision was based that the entry decision reviewer considers relevant; and
(c)may have regard to any matters prescribed by the rules as matters to which the entry decision reviewer may have regard; and
(d)must act in accordance with the rules.
(4)Without limiting paragraph (3)(d), rules made for the purposes of that paragraph may prescribe criteria, methods or procedures relating to classification levels or priority categories.
(5)If the entry decision reviewer decides under subsection (2) to vary or substitute the prescribed entry decision, that decision (as varied or substituted) must:
(a)if that decision is a classification decision under section 78—be a classification level set out in the rules for the purposes of paragraph 81(2)(a); or
(b)if that decision is a decision under subsection 86(1) about the individual’s priority category—be a priority category prescribed by the rules for the purposes of paragraph 87(1)(a).
(6)To avoid doubt, in reviewing the prescribed entry decision and making a decision under subsection (2):
(a)the entry decision reviewer does not need to follow the criteria, methods or procedures prescribed by the rules as mentioned in subsection 78(1) or 86(1) (as the case may be); and
(b)if the entry decision reviewer decides under subsection (2) to vary or substitute the prescribed entry decision, that decision (as varied or substituted) does not need to meet the criteria:
(i)if paragraph (5)(a) applies—set out for a classification level by the rules for the purposes of paragraph 81(2)(b); or
(ii)if paragraph (5)(b) applies—prescribed for a priority category by the rules for the purposes of paragraph 87(1)(b).
Guidelines
(7)The System Governor may, by notifiable instrument, make guidelines relating to any of the matters mentioned in this section.
90FAdditional review—notice and date of effect#
Notice of decision
(1)After an entry decision reviewer reviews a prescribed entry decision for an individual and makes a decision under subsection 90E(2), the entry decision reviewer must, within 14 days of making the decision, give written notice to:
(a)the person who requested the review; and
(b)the individual.
(2)The notice must set out the following:
(a)the decision;
(b)the day the decision was made;
(c)the reasons for the decision.
When decision takes effect
(3)The decision takes effect:
(a)unless paragraph (b) applies—on the day the decision was made; or
(b)if the notice specifies a day as the day the decision takes effect (which must be a day on or after the day the prescribed entry decision took effect)—on that day.
90GAdditional reviews—effect and interaction with reconsiderations#
Additional review decision has effect as if made under original provision
(1)A decision under subsection 90E(2) on review of a prescribed entry decision has effect as if it had been made under the provision under which the prescribed entry decision was made.
Note 1: The decision (the additional review decision) under subsection 90E(2) is disregarded for the purposes of Part 2 of Chapter 8 (reconsideration and review): see paragraph (2)(a) of this section.
Note 2: For the date of effect of the additional review decision, see subsection 90F(3).
Note 3: The additional review decision does not have effect if (see subsection (5)):
(a) the decision (the reconsideration decision) on a reconsideration of the prescribed entry decision under Part 2 of Chapter 8 is as favourable as, or more favourable than, the additional review decision (see subsections 564(4) and (6) (effect of reconsideration decision), and subsection (4) of this section); or
(b) the Administrative Review Tribunal makes a decision on review of the reconsideration decision (see section 107 and subsections 108(2) and (4) of the Administrative Review Tribunal Act 2024 (operation and effect of Administrative Review Tribunal’s decision)).
Interaction with reconsideration provisions
(2)In applying Part 2 of Chapter 8 (reconsideration and review of decisions) in relation to a prescribed entry decision:
(a)disregard a decision (if any) under subsection 90E(2) on review of the prescribed entry decision (despite subsection (1) of this section); and
(b)disregard a day during a period (if any) (the additional review period):
(i)starting the day a request is made under subsection 90B(1) to review the prescribed entry decision; and
(ii)ending the day notice of a decision on the request is given under subsection 90F(1), or notice that the request is taken to not have been made is given under subsection 90C(2).
Note: Paragraph (a) has the effect that a reconsideration of the prescribed entry decision under Part 2 of Chapter 8 is of the decision as made, and not of the decision as varied or substituted under subsection 90E(2).
(3)A request under subsection 559(1) to reconsider the prescribed entry decision, that is made during the additional review period, is taken to have been made after that period.
Additional review decision prevails over decision on reconsideration if more favourable
(4)If:
(a)a decision (the additional review decision) under subsection 90E(2) is made on review of a prescribed entry decision for an individual; and
(b)the prescribed entry decision is subsequently affirmed, varied or substituted (the reconsideration decision) on a reconsideration of the prescribed entry decision under Division 2 of Part 2 of Chapter 8; and
(c)the additional review decision is more favourable for the individual than the reconsideration decision;
despite subsections 564(4) and (6) (effect of reconsideration decision), the reconsideration decision does not have effect for the purposes of this Act (other than section 566 (review by the Administrative Review Tribunal)).
Note: If this subsection does not apply (for example, because the reconsideration decision is as favourable as, or more favourable than, the additional review decision for the individual), the reconsideration decision has effect instead of the additional review decision and the prescribed entry decision (see subsection 564(6) and subsection (5) of this section) on and from the time mentioned in subsection 564(4).
Additional review decisions otherwise subject to decisions on reconsideration or ART review
(5)To avoid doubt, subsection (1) operates subject to:
(a)subsections 564(4) and (6) (effect of reconsideration decision); and
(b)section 107 and subsections 108(2) and (4) of the Administrative Review Tribunal Act 2024 (operation and effect of Administrative Review Tribunal’s decision).
9 At the end of subsection 559(1)
Add:
Note: If the reviewable decision is a prescribed entry decision, and a request is made under subsection 90B(1) to review the prescribed entry decision:
(a) days in the additional review period mentioned in paragraph 90G(2)(b) are disregarded in applying this Part in relation to the prescribed entry decision; and
(b) a request for reconsideration under this subsection of the prescribed entry decision made during the additional review period is taken to have been made after that period: see subsection 90G(3).
10 At the end of subsections 559(3), 560(5) and 562(5)
Add:
Note: In applying this Division in relation to a prescribed entry decision, days in the additional review period mentioned in paragraph 90G(2)(b) are disregarded if a request is made under subsection 90B(1) to review the prescribed entry decision.
11 Application
The amendments made by this Schedule apply in relation to a prescribed entry decision made on or after the commencement of this item.
[Minister’s second reading speech made in—
House of Representatives on 10 September 2026
Senate on 16 September 2026]
(101/26)
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.