Contents
- 1 Name
- 2 Commencement
- 3 Authority
- 4 Schedules
- Chapter 10A Funding of aged care services—Miscellaneous
- Schedule 1 Amendments relating to the establishment of the Aboriginal and Torres Strait Islander Aged Care Commissioner
- Schedule 2 Other measures
- Schedule 3 Aged care assessment escalation pathway and manual
1Name#
This instrument is the Aged Care Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Rules 2026.
2Commencement#
(1)Each provision of this instrument 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 4 and anything in this instrument not elsewhere covered by this table | The day after this instrument is registered. | 31 October 2026 |
| 2. Schedule 1 | The later of:(a) the start of the day after this instrument is registered; and(b) the same time as Schedule 1 to the Aged Care Legislation Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Act 2026 commences. | 1 July 2027(paragraph (b) applies) |
| 3. Schedule 2 | The later of:(a) the start of the day after this instrument is registered; and(b) the same time as Schedule 3 to the Aged Care Legislation Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Act 2026 commences. | 31 October 2026 |
| 4. Schedule 3 | The later of:(a) the start of the day after this instrument is registered; and(b) the same time as Schedule 4 to the Aged Care Legislation Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Act 2026 commences. | 11 January 2027(paragraph (b) applies) |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2)Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
4Schedules#
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Chapter 10A · Funding of aged care services—Miscellaneous
Part 1 · Introduction
337A-5Simplified outline of this Chapter#
This Chapter provides for miscellaneous matters relating to the funding of aged care services under Chapter 4 of the Act.
Part 2 of this Chapter prescribes requirements relating to the System Governor giving notifications of certain fees, charges and other amounts.
Part 2 · Notice of fees or contributions payable
337B-5Notice of charges etc. in an approved residential care home#
(1)For the purposes of section 337B of the Act, this section prescribes requirements relating to the notification of amounts mentioned in:
(a)paragraph 337B(1)(a) of the Act (fees and contributions payable in an approved residential care home); and
(b)paragraph 337B(1)(c) of the Act (maximum daily accommodation contribution).
(2)This section applies if:
(a)a registered provider has given the System Governor a start notification for delivering ongoing funded aged care services through the service group residential care to an individual at an approved residential care home of the provider; and
(b)Division 2 of Part 3 of Chapter 4 of the Act applies in relation to the individual; and
(c)any of the following events occur:
(i)if the System Governor has not previously given the individual a notice under this section in relation to the start notification—the System Governor has the information (initial information) mentioned in paragraph 320-5(a) (information required to work out the individual’s total assessable income and the value of the individual’s assets);
(ii)the System Governor is provided the initial information;
(iii)the System Governor determines that the individual has means not disclosed status under paragraph 320(1)(a) of the Act, or the individual makes an election under section 321 of the Act (electing to have means not disclosed status);
(iv)there is a change in the amount of the hotelling contribution or non-clinical care contribution for the individual for one or more days in a period;
(v)if the individual can be charged an accommodation contribution for one or more days in a period—there is a change in the maximum amount of daily accommodation contribution the individual can be charged, having regard to paragraphs 298(1)(b) and (c) of the Act, for a day in the period, if the change is because of a change in the building status amount, or the daily means tested amount, or both, for the individual.
(3)The System Governor must, as soon as practicable, give the individual and the registered provider a notice that sets out the following:
(a)a specified period that relates to the event mentioned in paragraph (2)(c);
(b)the following amounts for the individual for each day in the period:
(i)basic daily fee;
(ii)hotelling contribution;
(iii)non-clinical care contribution;
(c)if the individual is or will be charged an accommodation payment for one or more days in the period—that the individual pays an accommodation payment according to the individual’s accommodation agreement with the registered provider;
(d)if the individual can be charged an accommodation contribution for one or more days in the period—the maximum amount of daily accommodation contribution the individual can be charged for a day in the period having regard to paragraphs 298(1)(b) and (c) of the Act.
337B-10Notice of charges etc. for post-2014 residential classes#
(1)For the purposes of section 337B of the Act, this section prescribes requirements relating to the notification of amounts mentioned in:
(a)paragraph 337B(1)(b) of the Act (fees and contributions payable for delivery of funded aged care services to individuals in prescribed classes); and
(b)paragraph 337B(1)(c) of the Act (maximum daily accommodation contribution).
(2)This section applies if:
(a)a registered provider has given the System Governor a start notification for delivering ongoing funded aged care services through the service group residential care to an individual at an approved residential care home of the provider; and
(b)the individual is in the post-2014 residential accommodation class or the post-2014 residential contribution class; and
(c)any of the following events occur:
(i)if the System Governor has not previously given the individual a notice under this section in relation to the start notification—the System Governor has the information (initial information) mentioned in paragraph 320-5(a) (information required to work out the individual’s total assessable income and the value of the individual’s assets);
(ii)the System Governor is provided the initial information;
(iii)the System Governor determines that the individual has means not disclosed status under paragraph 320(1)(a) of the Act, or the individual makes an election under section 321 of the Act (electing to have means not disclosed status);
(iv)there is a change in the amount of the means tested care fee for the individual for one or more days in a period;
(v)if the individual can be charged an accommodation contribution for one or more days in a period—there is a change in the maximum amount of daily accommodation contribution the individual can be charged, having regard to paragraphs 298(1)(b) and (c) of the Act, for a day in the period, if the change is because of a change in the building status amount, or the daily means tested amount, or both, for the individual.
(3)The System Governor must, as soon as practicable, give the individual and the registered provider a notice that sets out the following:
(a)a specified period that relates to the event mentioned in paragraph (2)(c);
(b)the following amounts for the individual for each day in the period:
(i)basic daily fee;
(ii)means tested care fee;
(c)if the individual is or will be charged an accommodation payment for one or more days in the period—that the individual pays an accommodation payment according to the individual’s accommodation agreement with the registered provider;
(d)if the individual can be charged an accommodation contribution for one or more days in the period—the maximum amount of daily accommodation contribution the individual can be charged for a day in the period having regard to paragraphs 298(1)(b) and (c) of the Act.
337B-15Notice of charges etc. for pre-2014 residential contribution class#
(1)For the purposes of section 337B of the Act, this section prescribes requirements relating to the notification of amounts mentioned in:
(a)paragraph 337B(1)(b) of the Act (fees and contributions payable for delivery of funded aged care services to individuals in prescribed classes); and
(b)paragraph 337B(1)(d) of the Act (amounts prescribed by the rules).
(2)For the purposes of paragraph 337B(1)(d) of the Act, the maximum daily amount at which an accommodation charge accrues, mentioned in section 287-135 of this instrument, is prescribed.
(3)Subsections (4) and (5) apply if:
(a)the individual is in the pre-2014 residential accommodation class or the pre-2014 residential contribution class; and
(b)the individual is accessing funded aged care services in an approved residential care home; and
(c)either or both of the following events occur:
(i)the individual starts accessing funded aged care services in another approved residential care home;
(ii)there is a change in the amount of the income tested fee for the individual for one or more days in a period.
(4)The System Governor must, as soon as practicable, give the following the notice mentioned in subsection (5):
(a)the individual;
(b)if subparagraph (3)(c)(i) applies—the registered provider delivering the funded aged care services mentioned in that subparagraph;
(c)otherwise—the registered provider delivering the funded aged care services mentioned in paragraph (3)(b).
(5)The notice must set out the following:
(a)a specified period that relates to the event mentioned in paragraph (3)(c);
(b)the following amounts for the individual for each day in the period:
(i)basic daily fee;
(ii)income tested fee;
(c)if subparagraph (3)(c)(i) applies:
(i)for an individual that can be charged an accommodation charge for one or more days in the period—the maximum daily amount at which the accommodation charge accrues;
(ii)for an individual that is or will be charged an accommodation bond for the delivery of the funded aged care services—that the individual is or will be charged an accommodation bond according to the individual’s accommodation bond agreement with the registered provider mentioned in paragraph (4)(b).
17 In the appropriate position in Part 3 of Chapter 15
Insert:
610-90Application of residential care fees advice letter amendments#
(1)Sections 337B-5 and 337B-10, as inserted by Division 1 of Part 4 of Schedule 2 to the Aged Care Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Rules 2026, apply in relation to a notice given under those sections on or after the commencement of this section, regardless of whether:
(a)the start notification mentioned in paragraph 337B-5(2)(a) or 337B-10(2)(a) was or is given; or
(b)an event mentioned in paragraph 337B-5(2)(c) or 337B-10(2)(c) occurred or occurs;
before, on or after that commencement.
(2)Section 337B-15, as inserted by Division 1 of Part 4 of Schedule 2 to the Aged Care Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Rules 2026, applies in relation to a notice given under that section on or after the commencement of this section, regardless of whether:
(a)the individual was or is accessing funded aged care services as mentioned in paragraph 337B-15(3)(b); or
(b)an event mentioned in paragraph 337B-15(3)(c) occurred or occurs;
before, on or after that commencement.
Aged Care Rules 2025#
18 Section 5-5 (at the end of the definition of means tested care fee)
Add:
Note: See also section 285A-14A (which modifies how the means tested care fee is worked out in certain circumstances).
19 At the end of section 230-10
Add:
Adjusted reduced amount for days processing significantly refurbished home determinations
(5)However, if:
(a)subsection 298-3(3) (disregard significantly refurbished home determination in working out maximum daily accommodation contribution) applies in relation to the individual; and
(b)the day is a day in the period mentioned in that subsection;
subsections (3) and (4) of this section apply as if references in those subsections to the daily means tested amount for the individual for the day were references to the maximum amount of daily accommodation contribution the individual can be charged for the day, having regard to paragraphs 298(1)(b) and (c) of the Act and section 298-3 of this instrument.
20 Section 242B-6 (method statement, step 3, paragraph (a))
Omit “section 285A-14)”, substitute “sections 285A-14 and 285A-14A)”.
21 Subsection 285A-10(1) (method statement, step 3, paragraph (b))
Omit “section 285A-14)”, substitute “sections 285A-14 and 285A-14A)”.
22 Subsection 285A-14(1)
Omit “(8),”, substitute “(8) and section 285A-14A,”.
23 At the end of subsection 285A-14(1)
Add:
Note: Section 285A-14A modifies how the means tested care fee is worked out in certain circumstances.
24 After section 285A-14
Insert:
285A-14AWorking out means tested care fee—disregard certain events#
(1)This section specifies certain modifications to be applied in working out the means tested care fee for an individual in the post-2014 residential contribution class for a day under section 285A-14.
Increase in means tested care fee due to increase in base rate
(2)Subsection (3) applies if:
(a)an individual is in the post-2014 residential contribution class; and
(b)disregarding subsection (3), there is an increase in the amount of the means tested care fee for the individual for one or more days in a period; and
(c)the increase is because of the following events:
(i)the System Governor has made a classification decision under section 78 of the Act, or changed a classification decision under section 83 of the Act, for the individual for the classification type ongoing for the service group residential care;
(ii)there is an increase in the base rate for the individual for the classification type ongoing for the service group residential care for those days because of that decision.
(3)For the purposes of section 285A-14, disregard the events mentioned in paragraph (2)(c) of this section in working out the means tested care fee for the individual for a day in the period:
(a)starting the day that the increase would, disregarding this subsection, take effect; and
(b)ending the day before the System Governor gives, under subsection 337B-10(3), the individual notice of the means tested care fee (as increased because of those events) for one or more days in the period mentioned in paragraph (2)(b) of this section.
Increase in means tested care fee due to oxygen or enteral feeding supplement
(4)Subsection (5) applies if:
(a)an individual is in the post-2014 residential contribution class; and
(b)disregarding subsection (5), there is an increase in the amount of the means tested care fee for the individual for one or more days in a period; and
(c)the increase is because of either or both of the following events:
(i)oxygen supplement becomes applicable to the individual under section 230-11 for those days;
(ii)enteral feeding supplement becomes applicable to the individual under section 230-12 for those days.
(5)For the purposes of section 285A-14, disregard the events mentioned in paragraph (4)(c) of this section in working out the means tested care fee for the individual for a day in the period:
(a)starting the day that the increase would, disregarding this subsection, take effect; and
(b)ending the day before the System Governor gives, under subsection 337B-10(3), the individual notice of the means tested care fee (as increased because of those events) for one or more days in the period mentioned in paragraph (4)(b) of this section.
25 Before section 298-5
Insert:
298-2Working out maximum daily accommodation contribution—methods#
(1)For the purposes of paragraph 298(1)(b) and subsection 298(2) of the Act, this section specifies how to work out an amount mentioned in that paragraph (maximum daily accommodation contribution amount).
Working out the maximum accommodation supplement amount
(2)Work out the amount mentioned in subparagraph 298(1)(b)(i) of the Act (maximum accommodation supplement amount) for the day by taking it to be equal to the accommodation supplement applicable to the individual for the day.
Note: The accommodation supplement applicable to the individual for the day is worked out under subsection 230-10(2).
Working out the amount assessed based on the daily means tested amount
(3)Work out the amount mentioned in subparagraph 298(1)(b)(ii) of the Act (the amount assessed for the individual based on the individual’s daily means tested amount) for the day by assessing it as being equal to the individual’s daily means tested amount for the day.
298-3Working out maximum daily accommodation contribution—disregard certain events#
(1)For the purposes of subsection 298(2) of the Act, this section specifies certain modifications to be applied in working out an amount mentioned in paragraph 298(1)(b) of the Act.
Increase in maximum daily accommodation contribution due to significantly refurbished home determination
(2)Subsection (3) applies if:
(a)disregarding subsection (3), there is an increase in the maximum amount of daily accommodation contribution the individual can be charged, having regard to paragraphs 298(1)(b) and (c) of the Act, for one or more days in a period; and
(b)the increase is because the System Governor has determined, under subsection 230-30(1) or 230-35(1), that the approved residential care home through which the individual is accessing ongoing funded aged care services through the service group residential care is a significantly refurbished home.
Note: Paragraph (b) also covers the circumstance where the System Governor is taken to have made a determination under subsection 230-30(1) because a significant expansion supplement determination is in effect: see subsection 230-30(1A).
(3)For the purposes of paragraph 298(1)(b) of the Act, disregard the determination in working out an amount mentioned in that paragraph for the individual for a day in the period:
(a)starting the day that the increase would, disregarding this subsection, first take effect; and
(b)ending the day before the System Governor gives, under subsection 337B-5(3) or 337B-10(3), the individual notice of the maximum amount (as increased because of that event) of daily accommodation contribution the individual can be charged, having regard to paragraphs 298(1)(b) and (c) of the Act, for one or more days in the period mentioned in paragraph (2)(a) of this section.
26 In the appropriate position in Part 3 of Chapter 15
Insert:
610-95Application of provisions relating to effect of residential care fees increase advice#
(1)Subsections 230-10(5) and 298-3(3), as inserted by Division 2 of Part 4 of Schedule 2 to the Aged Care Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Rules 2026, apply in relation to an increase in the maximum amount of daily accommodation contribution the individual can be charged if the increase is because of:
(a)a determination under subsection 230-30(1) (existing significant refurbishment determination) that is made before, on or after the commencement of this section; or
(b)a determination under subsection 230-35(1) (proposed significant refurbishment determination) in respect of which a notification mentioned in paragraph 230-35(1)(b) (refurbished home requirements met) is given before, on or after that commencement.
Note: Paragraph (a) also covers the circumstance where the System Governor is taken to have made a determination under subsection 230-30(1) because a significant expansion supplement determination is in effect: see subsection 230-30(1A).
(2)Subsections 285A-14A(2) and (3), as inserted by Division 2 of Part 4 of Schedule 2 to the Aged Care Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Rules 2026, apply in relation to an increase in the amount of the means tested care fee for an individual if the increase is because of:
(a)the making of a classification decision under section 78 of the Act before, on or after the commencement of this section; or
(b)the changing of a classification decision under section 83 of the Act before, on or after the commencement of this section.
(3)Subsections 285A-14A(4) and (5), as inserted by Division 2 of Part 4 of Schedule 2 to the Aged Care Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Rules 2026, apply in relation to an increase in the amount of the means tested care fee for an individual if the increase is because of either or both of the following events:
(a)oxygen supplement becomes applicable to the individual under section 230-11 for days before, on or after the commencement of this section;
(b)enteral feeding supplement becomes applicable to the individual under section 230-12 for days before, on or after the commencement of this section.
Aged Care Rules 2025#
27 Section 555-5
Omit “This Chapter”, substitute “Part 2 of this Chapter”.
28 Section 555-5
Omit:
It also provides for application fees and fees for services provided by the System Governor, Commissioner and Complaints Commissioner.
Substitute:
Part 2A of this Chapter prescribes provisions of the Act for the automation of administrative action taken under those provisions.
Part 3 of this Chapter provides for application fees and fees for services provided by the System Governor, Commissioner and Complaints Commissioner.
29 After Part 2 of Chapter 14
Insert:
Part 2A · Automation of administrative action
Part 5 · Refundable deposit balances taken to be transferred to another provider
150A-10Transfer of residential care home to another provider—refundable deposit register#
(1)For the purposes of section 150A of the Act, this section applies where:
(a)a refundable deposit is taken to have been paid to an incoming provider under subsection 312(2) of the Act; or
(b)the transferee of an approved residential care home is responsible for a refundable deposit under subsection 263-60(2); or
(c)an accommodation bond is taken to have been paid to an incoming provider under subsection 287-103(6); or
(d)an entry contribution is taken to have been paid to an incoming provider under subsection 287-160(6).
(2)The incoming provider must ensure that the refundable deposit register, within 30 days of the relevant transfer day for each of the circumstances outlined in subsection (1), is updated to include the information required by this Part in relation to the refundable deposit balance, accommodation bond balance or entry contribution balance, as applicable.
31 After section 263-55
Insert:
263-60Transfer of residential care home to another provider—outstanding refundable deposit, accommodation bond or entry contributions obligation#
(1)This section applies where:
(a)a refundable deposit, accommodation bond or entry contribution was paid by an individual to a registered provider (the outgoing provider) for accommodation in an approved residential care home through which the provider delivers ongoing funded aged care services through the service group residential care to the individual; and
(b)there is a transfer of an approved residential care home of a registered provider to another registered provider (the incoming provider); and
(c)the outgoing provider would otherwise have one or more of the following obligations that will not be met prior to the transfer of the residential care home (outstanding obligations):
(i)obligations under section 311 of the Act in relation to an individual’s refundable deposit and refundable deposit balance;
(ii)any other obligation to refund an accommodation bond balance or entry contribution balance.
(2)The incoming provider is responsible for the outstanding obligations from the day (the transfer day) on which the approved residential care home is transferred to the incoming provider.
(3)The outgoing provider must, by written notice, give the following information in relation to the individual to the incoming provider before the transfer day:
(a)the transfer day;
(b)a description of the outstanding obligations, including the value (and any accruing interest) of any refund of the refundable deposit balance, accommodation bond balance or entry contribution balance that is required to be made;
(c)the entry in the transferor’s refundable deposit register that relates to the individual.
(4)The outgoing provider must give written notice to the individual of the effect of this section on the individual’s refundable deposit balance, accommodation bond balance or entry contribution balance before the transfer day, including:
(a)details of the incoming provider; and
(b)the transfer day.
(5)If the transfer day is changed, the outgoing provider must give written notice to the individual of the new transfer day as soon as practicable before that day.
32 Subsection 287-103(2)
Repeal the subsection, substitute:
(2)Despite subsection (6), the accommodation bond balance will not be taken to have been paid to the incoming provider if:
(a)the incoming provider delivers ongoing funded aged care services through the service group residential care only under one or more specialist aged care programs; or
(b)the incoming provider does not deliver any ongoing funded aged care services through the service group residential care.
Note: This means the accommodation bond balance in these circumstances must instead be refunded in accordance with section 287-102: see subparagraph 287-102(1)(b)(ii).
33 Subsection 287-103(3)
Omit “before the transfer day”, substitute “before the transfer day being the day on which the outgoing provider ceases to deliver ongoing funded aged care services through the service group residential care in the residential care home and the incoming provider commences delivering those services”.
34 Subsection 287-103(4)
Omit “proposed transfer of”, substitute “effect of subsection (6) on”.
35 Subsection 287-103(6)
Repeal the subsection, substitute:
(6)On the day there is a transfer of services to an incoming provider of a residential care home, the accommodation bond paid by an individual to the outgoing provider is taken to have been paid to the incoming provider.
36 After section 287-160
Insert:
287-160ATransfer of services to another registered provider—entry contribution#
(1)This section applies if:
(a)an entry contribution was paid by an individual to a registered provider (the outgoing provider) for accommodation in an approved residential care home through which the provider delivers ongoing funded aged care services through the service group residential care to the individual; and
(b)the entry contribution was paid in whole or in part as a lump sum; and
(c)the outgoing provider ceases to deliver ongoing funded aged care services through the service group residential care in the residential care home; and
(d)there is continuity of the delivery of those services to the individual through that service group in the same residential care home by another registered provider (the incoming provider).
(2)Despite subsection (6), the entry contribution balance will not be taken to have been paid to the incoming provider if:
(a)the incoming provider delivers ongoing funded aged care services through the service group residential care only under one or more specialist aged care programs; or
(b)the incoming provider does not deliver any ongoing funded aged care services through the service group residential care.
(3)The outgoing provider must, by written notice, give the following information in relation to the individual to the incoming provider before the transfer day, being the day on which the outgoing provider ceases to deliver ongoing funded aged care services through the service group residential care in the residential care home and the incoming provider commences delivering those services:
(a)the transfer day;
(b)any amount of interest payable on or before the transfer day under section 287-160 in relation to the individual’s entry contribution balance and the amount of that interest;
(c)the entry in the refundable deposit register of the provider that relates to the individual.
(4)The outgoing provider must give written notice to the individual of the effect of subsection (6) on the individual’s entry contribution balance before the transfer day, including:
(a)details of the incoming provider; and
(b)the transfer day.
(5)If the transfer day is changed, the outgoing provider must give written notice to the individual of the new transfer day as soon as practicable before that day.
(6)On the day there is a transfer of services to an incoming provider of a residential care home to the incoming provider, the entry contribution paid by an individual to the registered provider in the circumstances outlined at subsection (1) is taken to have been paid to the incoming provider.
37 Section 312-5
Repeal the section, substitute:
312-5Transfer of services to another registered provider—refundable deposit obligations#
(1)For the purposes of subsection 312(3) of the Act, this section prescribes requirements in relation to the individual’s refundable deposit balance between the outgoing provider and the incoming provider referred to in subsection 312(1) of the Act.
(2)The outgoing provider must, by written notice, give the following information in relation to the individual to the incoming provider before the day (the transfer day) on which the outgoing provider ceases to deliver ongoing funded aged care services through the service group residential care in the residential care home and the incoming provider commences delivering those services:
(a)the transfer day;
(b)any amount of interest payable on or before the transfer day under section 313-5 in relation to the individual’s refundable deposit balance and the amount of that interest;
(c)the entry in the refundable deposit register of the provider that relates to the individual.
(3)The outgoing provider must give written notice to the individual of the effect of subsection 312(2) of the Act on the individual’s refundable deposit balance before the transfer day, including:
(a)details of the incoming provider; and
(b)the transfer day.
(4)If the transfer day is changed, the outgoing provider must give written notice to the individual of the new transfer day as soon as practicable before that day.
38 Section 312-10 (heading)
Omit “Circumstances in which refundable deposit balance must not be transferred to another registered provider”, substitute “Circumstances in which refundable deposit balance will not be taken to have been paid to the incoming provider”.
Aged Care Rules 2025#
39 Paragraph 150A-5(m)
Repeal the paragraph, substitute:
(m)any amount taken to have been paid to the provider under section 312 of the Act, the transfer day and the amount of retention period remaining.
40 Paragraph 166-365(2)(f)
Repeal the paragraph, substitute:
(f)any amounts taken to have been paid under section 312 of the Act, and sections 287-103 and 287-160A of this instrument, including the amount, the transfer day and the amount left on retention;
41 Section 166-365 (note)
Repeal the note, substitute:
Note: Paragraph (h) does not apply to a refundable deposit balance, accommodation bond balance or entry contribution balance of a registered provider where that sum is taken to have been paid to an incoming provider under section 312 of the Act or sections 287-103 or 287-160A of this instrument.
42 Section 287-5
Omit:
(c) the retention, deduction, refund and transfer of accommodation bond balances; and
substitute:
(c) the retention, deduction, refund and responsibility for accommodation bond balances; and
43 Section 287-5
Omit:
(f) matters relating to refundable deposits, including deductions from refundable deposit balances, requirements for the use of refundable deposits, refunds of refundable deposits, transfers of refundable deposits between registered providers and payments of interest.
substitute:
(f) matters relating to refundable deposits, including deductions from refundable deposit balances, requirements for the use of refundable deposits, refunds of refundable deposits, when a refundable deposit is taken to have been paid to an incoming provider and payments of interest.
44 Paragraph 287-10(2)(b)
Repeal the paragraph, substitute:
(b)the retention of, deduction of amounts from, refund of, and payment of interest in relation to the refund of, an accommodation bond balance in relation to an individual in the pre-2014 accommodation class and when an accommodation bond balance is taken to have been paid to an incoming provider;
45 Paragraph 287-10(2)(d)
Repeal the paragraph, substitute:
(d)the payment of interest in relation to the refund of entry contribution balances in relation to an individual in the pre-2014 accommodation class is taken to have occurred and when an entry contribution balance itself is taken to have been paid to an incoming provider.
46 Subdivision D of Division 3 of Part 2 of Chapter 9 (heading)
Omit “Subdivision D—Retention, deduction and transfer of accommodation bond balances”, substitute “Subdivision D—Retention and deduction of accommodation bond balances”.
47 Subparagraph 287-102(1)(b)(ii)
Repeal the subparagraph, substitute:
(ii)the accommodation bond balance was not taken to have been paid under section 287-103.
48 Subparagraph 308-10(b)(ii)
Repeal the subparagraph, substitute:
(ii)the refundable deposit balance being taken to have been paid to another registered provider by operation of the Act.
49 Section 311-20 (heading)
Omit “has not transferred refundable deposit balance”, substitute “the refundable deposit balance is not taken to have been paid to an incoming provider”.
Part 6 · General amendments
7-12ADirect care staff member#
For the purposes of the definition of direct care staff member in section 7 of the Act, a direct care staff member means an aged care worker of a registered provider, but not including an aged care worker who is a volunteer unless that volunteer is a full-time member of a religious order, who is any of the following:
(a)a registered nurse;
(b)an enrolled nurse;
(c)a nursing assistant;
(d)a personal care worker.
Aged Care Rules 2025#
51 Paragraph 80-10(2)(b)
Repeal the paragraph, substitute:
(b)ends on the day the individual’s notional ongoing home support account ceases in accordance with section 193-20.
52 Paragraph 80-49(1)(a)
Repeal the paragraph, substitute:
(a)resumes being in effect if the System Governor is notified that the individual needs the classification level to resume being in effect; and
53 Paragraph 80-49(1)(b)
Repeal the paragraph, substitute:
(b)resumes being in effect when the System Governor is so notified; and
54 Subparagraph 80-49(3)(a)(i)
Repeal the subparagraph, substitute:
(i)the System Governor is notified that the individual needs the classification level to resume being in effect; and
55 Subparagraph 80-49(3)(a)(ii)
Repeal the subparagraph, substitute:
(ii)when the System Governor is so notified, the account period for the individual’s notional assistive technology account established in respect of the individual’s old AT classification level has not ended; and
56 Paragraph 80-49(3)(b)
Repeal the paragraph, substitute:
(b)resumes being in effect when the System Governor is so notified; and
57 Subparagraph 80-49(4)(a)(i)
Repeal the subparagraph, substitute:
(i)the System Governor is notified that the individual needs the classification level to resume being in effect; and
58 Subparagraph 80-49(4)(a)(ii)
Repeal the subparagraph, substitute:
(ii)when the System Governor is so notified, the account period for the individual’s notional home modifications account established in respect of the individual’s old HM classification level has not ended; and
59 Paragraph 80-49(4)(b)
Repeal the paragraph, substitute:
(b)resumes being in effect when the System Governor is so notified; and
60 Subparagraph 89-5(2)(a)(ii)
Repeal the subparagraph, substitute:
(ii)the System Governor is notified that the individual needs the decision to resume being in effect; and
61 Subparagraph 89-5(3)(a)(iii)
Repeal the subparagraph, substitute:
(iii)the System Governor is notified that the individual needs the decision to resume being in effect; and
62 Paragraph 89-5(3)(b)
Repeal the paragraph, substitute:
(b)resumes being in effect when the System Governor is so notified; and
63 Subparagraph 89-5(4)(a)(iii)
Repeal the subparagraph, substitute:
(iii)the System Governor is notified that the individual needs the decision to resume being in effect; and
64 Paragraph 89-5(4)(b)
Repeal the paragraph, substitute:
(b)resumes being in effect when the System Governor is so notified; and
65 Subparagraph 89-5(5)(a)(iii)
Repeal the subparagraph, substitute:
(iii)the System Governor is notified that the individual needs the decision to resume being in effect; and
66 Paragraph 89-5(5)(b)
Repeal the paragraph, substitute:
(b)resumes being in effect when the System Governor is so notified; and
Aged Care Rules 2025#
67 Paragraph 193-20(a)
Omit “the individual died”, substitute “any of the circumstances in section 193-15 of this instrument first exists for the individual”.
68 Subsection 256-5(1)
Omit “subsection 256(3)”, substitute “paragraph 256(1)(a)”.
69 Subsection 256-5(2)
Repeal the subsection, substitute:
(2)This section applies in relation to working out, under paragraph 256(1)(a) of the Act, the amount of subsidy that will be payable under section 254 of the Act to a registered provider in relation to an approved residential care home for a payment period (the advance payment period).
70 Subsection 256-5(3) (heading)
Omit “estimating”, substitute “calculating”.
71 Subsection 256-5(3)
Omit “Subject to subparagraph 256(2)(b)(i) of the Act, the amount must be estimated”, substitute “The amount must be calculated”.
72 Subsection 256-5(3) (method, step 5)
Omit “being estimated”, substitute “worked out”.
73 Subsection 256-5(3) (note 1)
Omit “estimating the amount (see subparagraph 256(2)(b)(i) of the Act)”, substitute “calculating the amount”.
74 Subsection 256-5(3) (note 2)
Repeal the note, substitute:
Note 2: The amount must be increased or reduced to make any adjustments that are necessary to account for any underpayments or overpayments for payments made under the Act.
75 In the appropriate position in Part 3 of Chapter 15
Insert:
610-100Application of amendments relating to circumstances for ceasing of account#
Section 193-20, as amended by Division 3 of Part 6 of Schedule 2 to the Aged Care Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Rules 2026, applies in relation to a circumstance for the cessation of an individual’s notional ongoing home support account that first exists for the individual on or after the commencement of this section.
Aged Care Rules 2025#
76 Subparagraph 283-15(6)(a)(i)
Omit “, within 14 days after the provider becomes aware of the individual’s death,”.
77 Section 285-5
Omit “subsection 285(3)”, substitute “subsection 258(5)”.
78 Subparagraph 285-5(a)(i)
Omit “, within 14 days after the provider becomes aware of the individual’s death,”.
79 Section 285A-30
Omit “subsection 285A(3)”, substitute “subsection 258A(5)”.
80 Subparagraph 285A-30(a)(i)
Omit “, within 14 days after the provider becomes aware of the individual’s death,”.
81 Section 286-5
Omit “For the purposes of subsections 286(1), (4) and (5) of the Act”, substitute “For the purposes of subsections 286(1), (5) and (6) of the Act”.
82 Subparagraph 286-17(a)(i)
Omit “, within 14 days after the provider becomes aware of the individual’s death,”.
Aged Care Rules 2025#
83 Paragraph 314-15(5)(c)
Omit “subsection 343(1)”, substitute “subsection 314AA(2)”.
84 Subsection 314A-5(1)
After “subsection 314A(2)”, insert “and subsection 314AA(1)”.
85 Subsection 314A-5(2)
Omit “subsection 343(1)”, substitute “subsection 314AA(2)”.
Schedule 1 · Amendments relating to the establishment of the Aboriginal and Torres Strait Islander Aged Care Commissioner
Aged Care Rules 2025#
1 Section 338-1 (after paragraph beginning “Certain persons”)
Insert:
Division 4A of Part 3 sets out matters that may be included in a notice given by the Aboriginal and Torres Strait Islander Aged Care Commissioner to the System Governor.
2 After Division 4 of Part 3 of Chapter 11
Insert:
Division 4A · Aboriginal and Torres Strait Islander Aged Care Commissioner—notices to the System Governor
361E-5Purpose of this Division#
For the purposes of subsection 361E(2) of the Act, this Division makes provision for, and in relation to, a notice given by the Aboriginal and Torres Strait Islander Aged Care Commissioner to the System Governor under subsection 361E(1) of the Act.
361E-10Notices to the System Governor#
The notice may include any of the following:
(a)details about an issue with a policy or program;
(b)details about a matter with individual or organisational impacts;
(c)details about a person affected by the issue or matter, including the location or identity of the person;
(d)an assessment of the urgency or seriousness of the issue or matter;
(e)recommendations to address or resolve the issue, including temporary or interim measures;
(f)a proposed timeframe for resolution of the issue or to address the matter.
Schedule 2 · Other measures
Part 1 · Quarterly rollover credit
193-5Quarterly rollover credit#
(1)For the purposes of subsection 193(4) of the Act, the amount for a quarter is:
(a)if, on the day on which the amount is credited, the available balance of the individual’s notional ongoing home support account for the previous quarter is equal to, or greater than, the amount worked out under subsection (2)—the amount worked out under subsection (2); or
(b)if, on the day on which the amount is credited, the available balance of the individual’s notional ongoing home support account for the previous quarter is less than the amount worked out under subsection (2)—the available balance of the individual’s notional ongoing home support account.
(2)The amount worked out under this subsection is the higher of the following amounts:
(a)$1,000;
(b)the amount that is 10% of the sum of the following amounts for the last day of the previous quarter, multiplied by the number of days in the previous quarter:
(i)the base individual amount for the individual for the classification type for the service group;
(ii)the sum of any primary person-centred supplements for the classification type for the service group that apply to the individual;
(iii)the base provider amount for a registered provider in relation to an individual for the classification type for the service group.
2 Chapter 15 (heading)
Omit “Transitional”, substitute “Application, saving and transitional”.
3 At the end of Chapter 15
Add:
Part 3 · Aged Care Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Rules 2026
610-70Quarterly rollover credit#
Section 193-5, as repealed and substituted by Part 1 of Schedule 2 to the Aged Care Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Rules 2026, applies in relation to quarters beginning on or after the commencement of this section.
Part 2 · Amendments relating to requirements for revocation of specialised status of approved residential care homes
243A-15Circumstances—revocation of specialised status if different kind of specialised status to be approved#
The circumstances prescribed by this section are that:
(a)the determination (the existing determination) is that the approved residential care home has a particular kind of specialised status; and
(b)the registered provider of the approved residential care home has applied, under subsection 243(1) of the Act, for a determination that the approved residential care home has specialised status, being a different kind of specialised status to the existing specialised status; and
(c)the System Governor is satisfied that, if the existing determination were revoked, the System Governor would determine that the approved residential care home has the different kind of specialised status specified in the application.
Note: A residential care home cannot have more than one kind of specialised status at a time: see subsection 243A(3A) of the Act. However, a residential care home can have one kind of specialised status revoked and then another kind of specialised status approved.
5 After Subdivision B of Division 4 of Part 7 of Chapter 7
Insert:
Subdivision C · Revoking specialised status determinations on initiative of System Governor—process requirements
243A-30Purpose of this Subdivision#
For the purposes of paragraph 243A(5)(a) of the Act, this Subdivision prescribes requirements for the process for the revocation, under subsection 243A(1) of the Act, of a determination made under subsection 243(3) of the Act in relation to a registered provider and an approved residential care home.
243A-35Notice before revocation in certain circumstances#
(1)This section applies if the circumstances prescribed by section 243A-20 or 243A-25 apply in relation to the determination.
(2)Before the System Governor revokes the determination, the System Governor must give the registered provider written notice that the System Governor is considering revoking the determination.
(3)The notice must:
(a)set out the reasons why the System Governor is considering revoking the determination, and what the effect of the revocation would be; and
(b)invite the registered provider to make a submission, in writing, to the System Governor in relation to the matter within the period specified in the notice (which must not be less than 28 days after giving the notice); and
(c)inform the registered provider that the System Governor may decide to revoke the determination:
(i)if no submission is made within the specified period; or
(ii)after considering any submission made by the registered provider within the specified period.
Request for further information
(4)The System Governor may also request, in the notice given under subsection (2), that the registered provider give the System Governor the information specified in the notice, within the period specified in the notice for the purposes of paragraph (3)(b), to assist the System Governor to decide whether to revoke the determination.
Note: The registered provider is not obliged to give the information.
(5)If the registered provider makes a submission in accordance with the invitation under paragraph (3)(b), the System Governor may, by written notice, request the registered provider 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 revoke the 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 registered provider is not obliged to give the information.
(6)The System Governor may, at the request of the registered provider, extend the period specified for the purposes of paragraph (3)(b) or subsection (5).
6 Subdivision D of Division 4 of Part 7 of Chapter 7 (heading)
After “notice”, insert “and day of effect”.
7 Section 243A-40
Repeal the section, substitute:
243A-40Purpose of this Subdivision#
For the purposes of subsection 243A(4) and paragraph 243A(5)(b) of the Act, this Subdivision prescribes requirements for:
(a)notices given, under subsection 243A(1) of the Act, of revocations of determinations made under subsection 243(3) of the Act in relation to a registered provider and an approved residential care home; and
(b)the day such a notice must specify as the day such a revocation takes effect.
8 At the end of section 243A-45
Add:
; and (d) specify the first day of the fourth payment period that begins after the day the Commissioner approves the residential care home under subsection 112(1) of the Act as the day the revocation takes effect.
9 At the end of section 243A-50
Add:
; and (c) specify the first day of the first payment period that begins after the day the notice is given as the day the revocation takes effect.
10 At the end of Division 4 of Part 7 of Chapter 7
Add:
Subdivision E · Revoking specialised status determinations on request of registered provider—notice and day of effect requirements
243A-55Purpose of this Subdivision#
For the purposes of subsection 243A(4) and paragraph 243A(5)(b) of the Act, this Subdivision prescribes requirements for:
(a)notices given, under subsection 243A(3) of the Act, of revocations of determinations made under subsection 243(3) of the Act in relation to a registered provider and an approved residential care home; and
(b)the day such a notice must specify as the day such a revocation takes effect.
243A-60Notice and day of effect of revocation#
A notice given under subsection 243A(3) of the Act must specify the first day of the first payment period that begins after the day the notice is given as the day the revocation takes effect.
11 In the appropriate position in Part 3 of Chapter 15
Insert:
610-75Application of amendments relating to requirements for revocation of specialised status of approved residential care homes#
Division 4 of Part 7 of Chapter 7 of this instrument, as amended by Part 2 of Schedule 2 to the Aged Care Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Rules 2026, applies in relation to a revocation made under section 243A of the Act on or after the commencement of this section.
Part 3 · Amendments relating to individual contributions
Subdivision AA · Refunding overpayments of individual contributions
273AA-5Purposes of this Subdivision#
For the purposes of section 273AA of the Act, this Subdivision makes provision for and in relation to:
(a)the circumstances in which a registered provider must refund an overpayment of an individual contribution; and
(b)the amount to be refunded; and
(c)the period in which the refund must be made.
273AA-10Refunds—individual contributions properly payable#
(1)A registered provider must refund an overpaid amount of an individual contribution for a day if the individual contribution that was paid is more than the individual contribution that was properly payable.
Note: The following are examples of an overpaid amount:
(a) an individual contribution paid after the lifetime cap under subsection 273(5) of the Act has been exceeded;
(b) an individual contribution paid after the individual has made an application for a fee reduction supplement determination under subsection 197-8(1) of this instrument and before the System Governor has made a decision in relation to that application: see subsection 148-70(4)(h) of this instrument.
(2)The overpaid amount to be refunded to the individual for the day is the difference between:
(a)the individual contribution that was paid for the day; and
(b)the individual contribution that was properly payable for that day.
273AA-20Refunds—prices charged by providers#
(1)A registered provider must refund an overpaid amount of an individual contribution for a day if:
(a)the individual contribution for the day has been paid to the registered provider; and
(b)the registered provider failed to ensure that the price charged by the provider to the individual complied with the requirements prescribed by section 273-15 of this instrument; and
(c)that failure resulted in an individual contribution being paid that is more than the individual contribution that is properly payable for the day.
(2)The overpaid amount to be refunded to the individual for the day is the difference between:
(a)the individual contribution that was paid for the day; and
(b)the individual contribution that was properly payable for that day.
273AA-30Refunds—decisions by the System Governor#
(1)A registered provider must refund an overpaid amount of an individual contribution for a day if:
(a)the individual contribution for the day has been paid to the registered provider; and
(b)the System Governor has since made a decision that changes the individual contribution that is payable for the day; and
(c)the individual contribution that has already been paid for that day is more than the individual contribution that is payable for the day.
Note: The following are examples of decisions by the System Governor that might change the individual contribution that is payable:
(a) a determination of an individual contribution rate under section 314 of the Act;
(b) a variation of an individual contribution rate under section 317 of the Act;
(c) a decision to revoke and make a new determination of an individual contribution rate under section 318A of the Act.
(2)The overpaid amount to be refunded to the individual for the day is the difference between:
(a)the individual contribution that was paid for the day; and
(b)the individual contribution that is since payable for that day.
273AA-40Refunds—request#
(1)An individual may request, in writing, that a registered provider refund an overpaid amount of an individual contribution to the individual.
(2)The Commission may also request, in writing, that a registered provider refund an overpaid amount of an individual contribution to the individual who paid the amount.
273AA-45Refunds—time period for refund#
A registered provider must refund an overpaid amount of an individual contribution to an individual as soon as reasonably practicable after the earliest of:
(a)receiving a request for the refund; or
(b)becoming aware of the overpayment.
13 In the appropriate position in Part 3 of Chapter 15
Insert:
610-80Refunding overpayments of individual contributions#
(1)Subdivision AA of Division 1 of Part 2 of Chapter 8 of this instrument, as inserted by Division 1 of Part 3 of Schedule 2 to the Aged Care Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Rules 2026, applies in relation to an overpayment of an individual contribution that occurs before, on or after the commencement of this section.
(2)However, the time period in section 273AA-45 for a registered provider to refund an overpaid amount that the provider became aware of, or received a request for, before the commencement of this section, is as soon as reasonably practicable after the commencement of this section.
Aged Care Rules 2025#
14 At the end of subsection 148-70(4)
Add:
; (j) if the individual and the registered provider have agreed on an interim individual contribution rate in accordance with subsection 273(2A) of the Act—the interim individual contribution rate.
15 In the appropriate position in Part 3 of Chapter 15
Insert:
610-85Application of requirement to record interim individual contribution rate in service agreements#
Subsection 148-70(4), as amended by Division 2 of Part 3 of Schedule 2 to the Aged Care Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Rules 2026 applies in relation to an interim individual contribution rate that is agreed on by the registered provider and the individual on or after the commencement of this section (whether the service agreement was entered into before, on or after the commencement of this section).
Part 4 · Residential care fees
Schedule 3 · Aged care assessment escalation pathway and manual
Part 1 · Aged care assessment escalation pathway
Part 4A · Additional review process for certain classification decisions and priority category decisions
90A-5Decisions subject to additional review#
(1)For the purposes of subsection 90A(3) of the Act, this section prescribes the conditions which a decision by the System Governor for an individual must meet for that subsection to apply to the decision.
Classification decision for ongoing home support based on classification assessment carried out in prescribed circumstances
(2)If the decision is a decision mentioned in paragraph 90A(2)(a) of the Act (classification decision for ongoing home support), it is a condition that the decision is not based on a classification assessment carried out under subparagraph 76(1)(a)(ii) or (b)(ii) of the Act (classification assessments carried out in circumstances prescribed by the rules).
90B-5When request for additional review may be made#
(1)For the purposes of paragraph 90B(2)(b) of the Act, this section prescribes the circumstances in which a request for review under Part 4A of the Act of a prescribed entry decision for an individual may be made under section 90B of the Act.
Information must be completed in full, accurate, etc.
(2)All of the following relating to the prescribed entry decision have been completed in full, accurately and consistently with any documentation provided by the individual for the purposes of the individual’s aged care needs assessment:
(a)the Integrated Assessment Tool;
(b)the aged care needs assessment report provided under section 63 of the Act;
(c)the classification assessment report provided under section 77 of the Act;
(d)if the decision is a decision under subsection 86(1) of the Act about the individual’s priority category—the prioritisation report provided under section 85 of the Act.
Decision must be the most recent decision of that kind
(3)A more recent decision of that kind has not been made for the individual.
Decision must not be concurrent with hospital transition classification decision
(4)The System Governor did not, at the same time as making the prescribed entry decision, do any of the following for the individual under subsection 78(1) of the Act:
(a)establish the classification level HS HT class, for the classification type hospital transition for the service group home support;
(b)establish the classification level AT HT class, for the classification type hospital transition for the service group assistive technology;
(c)establish the classification level RC HT class, for the classification type hospital transition for the service group residential care.
90B-10Requirements for the request#
(1)For the purposes of paragraph 90B(3)(b) of the Act, this section prescribes the requirements with which a request for review under Part 4A of the Act of a prescribed entry decision for an individual must comply.
(2)The request must be accompanied by the following documents:
(a)all the reports mentioned in subsection 90B-5(2) that are relevant to the decision;
(b)any other document that is needed to ensure that the accompanying documents address each applicable matter (if any) prescribed for the purposes of paragraphs 90E(3)(c) and (d) of the Act.
Note: Documents that merely address the following matters will not generally suffice to meet this requirement:
(a) limited availability of community services or registered providers in the local area;
(b) high service costs;
(c) the individual’s financial circumstances;
(d) general dissatisfaction with the individual’s expected wait time.
90B-15Period for giving the request#
For the purposes of paragraph 90B(4)(a) of the Act, the period of 14 days is prescribed.
90E-5Period for additional review#
For the purposes of subsection 90E(2) of the Act, the period of 28 days after the request is received is prescribed.
90E-10Matters to which the entry decision reviewer may have regard#
(1)For the purposes of paragraph 90E(3)(c) of the Act, this section prescribes matters to which an entry decision reviewer may have regard in reviewing a prescribed entry decision for an individual and making a decision under subsection 90E(2) of the Act.
(2)The entry decision reviewer may have regard to any of the following material that the entry decision reviewer considers relevant:
(a)material contained in reports mentioned in subsection 90B-5(2);
(b)material obtained or produced in the course of preparing those reports;
(c)a notice in the approved form relating to the prescribed entry decision;
(d)any other clinical material or information (including material or information that has become available since the decision was made).
90E-15Requirements for decision on additional review#
(1)For the purposes of paragraph 90E(3)(d) of the Act, this section prescribes requirements in accordance with which an entry decision reviewer must act in reviewing a prescribed entry decision for an individual and making a decision under subsection 90E(2) of the Act.
Classification decision for ongoing home support
(2)For a prescribed entry decision that is a decision mentioned in paragraph 90A(2)(a) of the Act (classification decision for ongoing home support), the entry decision reviewer may decide, under subsection 90E(2) of the Act, to change the prescribed entry decision only if satisfied that:
(a)there is evidence to indicate that the individual’s circumstances are not adequately reflected in one or more of the criteria for the individual’s classification level; and
(b)the individual’s circumstances are therefore significantly different from other individuals with the same classification level; and
(c)the individual is at risk of significant harm without a higher level of care.
Note: Guidelines may be made by the System Governor relating to the matters set out in this section: see subsection 90E(7) of the Act.
Priority category decisions
(3)For a prescribed entry decision that is a decision mentioned in paragraph 90A(2)(b) of the Act (priority category decisions), the entry decision reviewer may decide, under subsection 90E(2) of the Act, to change the prescribed entry decision only if satisfied that there is evidence to indicate that:
(a)the individual’s circumstances are not adequately reflected in one or more of the eligibility criteria for the individual’s priority category; and
(b)the individual’s priority category does not adequately reflect a time-critical requirement for access, including extreme old age or a significant and life-limiting medical condition; and
(c)there is a risk of significant harm to the individual if the individual is not assigned a different priority category; and
(d)the individual is unable to access stable and formal alternative or supplementary supports, including the health system and other aged care programs like ongoing or short-term residential care.
Note: Guidelines may be made by the System Governor relating to the matters set out in this section: see subsection 90E(7) of the Act.
(4)However, if the entry decision reviewer decides to change a prescribed entry decision mentioned in paragraph 90A(2)(b) of the Act (priority category decisions), the priority category established by the entry decision reviewer must be standard, medium or high.
Part 2 · Aged care assessment manual
Aged Care Rules 2025#
2 Section 5-5 (definition of Aged Care Assessment Manual)
Omit “19 October 2026”, substitute “11 January 2027”.
3 Section 5-5 (note to the definition of Aged Care Assessment Manual)
Omit “2026”, substitute “2027”.
4 In the appropriate position in Part 3 of Chapter 15
Insert:
610-105Definition of Aged Care Assessment Manual#
Despite the amendments of the definition of Aged Care Assessment Manual in section 5-5 made by Part 2 of Schedule 3 to the Aged Care Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Rules 2026, that definition, as in force immediately before 11 January 2027, continues to apply to classification assessments referred to in subsection 76-10(2) that had commenced, but had not been completed, before 11 January 2027.
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.