Foundations of a New Aged Care Act

11th Sep 2023



The ALA’s Elder Law Special Interest Group (SIG) has made a submission to the Department of Health and Aged Care (the Department) in response to the Department’s ongoing consultation on a new Aged Care Act. The new Aged Care Act will replace existing aged care legislation, including the current Aged Care Act 1997 (Cth) and the Aged Care Quality and Safety Commission Act 2018 (Cth).

The ALA’s submission addresses the following matters:

  • the proposed structure, purpose and constitutional foundation for the new Aged Care Act;
  • a Statement of Rights;
  • a proposed new duty of care and related compensation pathways;
  • disclosure protections for whistleblowers;
  • supported decision-making arrangements;
  • current immunity provisions regarding restrictive practices; and
  • standardised annexures to aged care contracts.

An exposure draft of the Bill for a new Aged Care Act is expected to be released for stakeholder consultation by the end of 2023.

If you would like to join the Elder Law SIG to contribute to the ALA’s ongoing advocacy on a new Aged Care Act and general aged care reform (including in relation to elder abuse), please email

ALA submission