Skip to main content
Top of the Page

U-turn welcome but major concerns remain

9 July 2026   

Finally, the federal government has bowed to pressure and done a partial U-turn on key aspects of its Support at Home Program. Remember, this is a program designed to provide flexibility, clarity and support to the aged, allowing them to remain independent and safe in their own homes. It was introduced at the time a new Aged Care Act came into effect on 1 November last year.

When the Support at Home Program was announced, the government said the intention was to maintain an average three-month waiting time for care and support. By May this year, the median wait time exceeded 365 days. It’s estimated more than 100,000 older Australians are currently waiting for approved home-care help, with many stuck in the assessment and allocation pipeline. The delay is placing them at significant risk of deterioration, the wait contributing to accelerated decline in health and wellbeing, with reports of deaths before assessments can be undertaken. 

Assessment of applications was undertaken by a deeply unpopular Integrated Assessment Tool (IAT) – using algorithmic processes to determine eligibility. Assessors were instructed to accept the IAT’s classification, without question – there being no capacity to override the assessment outcome. Doctors, advocates, home care clients and their families/carers opposed what was seen as a system akin to a Robodebt type of assessment process.

Following extensive media coverage and considerable pressure from multiple sources, late last week, the government did a partial U-turn, with Aged Care Minister Sam Rae announcing that, for complex cases, the system is to be modified to allow for some human oversight.

While this is welcome, it addresses only one of many concerns related to the reforms.

Prolonged waiting times and delays in access to care are resulting in extended hospital stays due to the lack of suitable discharge options. Costs of resorting to this option, and the pressures on hospital beds, are unsustainable.

In addition to the hospitalisation stopgap, the lack of in-home support services is forcing many to prematurely enter residential aged care – flying in the face of key ageing in place objectives. The move to a permanent residential aged care facility not only seriously impacts the individual’s wellbeing and connection to their community, it also comes at an increased expense to taxpayers. 

Those battling to remain in their own home are facing the burden of the new system’s administrative complexity, for the elderly and their carers. Confusion and concerns over co-payments and non-clinical care, is reportedly seeing people forgo essential care services they are entitled to, the very services which would allow them to age in place longer. 

As we celebrate NAIDOC Week, it should be noted these issues with co-payments under Support at Home are having a particular impact on some Aboriginal and Torres Strait Islander Elders who need to contribute to the cost of care which supports their cultural connection and wellbeing. As noted by the inspector-general of aged care, this category of care 'attracts the highest levels of co-contributions, despite being integral to the mandate of culturally appropriate, culturally safe, trauma-informed and healing-aware care'.

Then there are older people living with a disability and transitioning from NDIS to home care, which can leave them financially worse-off and without access to the specialised disability support they need.

The problems are many and simple solutions few. In the interest of protecting our elderly citizens, we must continue to shine the spotlight on major concerns and apply pressure to obtain answers.

The ALA thanks Catherine Henry for this contribution.
 

 The views and opinions expressed in this article are the authors and do not necessarily represent the views and opinions of the Australian Lawyers Alliance.

Learn how you can get involved and contribute an article.

  

Author

 

Catherine Henry is a Partner at Law Partners Personal Injury Lawyers and specialises in medical negligence, aged care and health law.

Prior to that, she was the sole principal and director of Catherine Henry Lawyers, a specialist practice dedicated to medical negligence and health law.

Catherine has spent almost 40 years working exclusively in this area and has represented thousands of individuals and families in claims against health and aged care providers, including some of Australia’s most complex and high-profile matters.

Catherine also acts in disciplinary matters for health professionals and has experience in conducting inquests.

Catherine is a founding member of the Australian Lawyers Alliance (then known as APLA) and served as the inaugural President of its New South Wales branch 1995–1999.

Other leadership roles include President of the Newcastle regional law society from 2004–2009 and being a member of the executive of the NSW Women Lawyers Association (WLA).

She also helped establish the NSW Regional Women Lawyers which works to ensure that women in regional, rural and remote NSW have the same benefits and opportunities as their city counterparts. 

Back to Top