Aged Care Act passes Parliament, finally enshrining rights of older Australians

The long-awaited Aged Care Act has passed through the Senate today – finally enshrining the basic rights of older Australians and laying the foundations required to stop the neglect of older people in aged care, COTA Australia says.

Chief Executive Officer of COTA Australia – the leading advocacy organisation for older people – Patricia Sparrow said the Act, which includes many of the amendments older Australians fought very hard to have included, marks a turning point in the struggle to get fundamental rights for older people recognised and protected.

“Australia desperately needed a new Aged Care Act – one which puts the basic rights of older people at the centre – and we’ve finally got it,” Ms Sparrow said.

“The Aged Care Act is crucial in delivering long awaited rights for older people that put their voices front and centre of the aged care system.

“Of course this isn’t the end point. We know that neglect of older people in aged care has been rife for too long and the passing of the Act won’t stop that today, but it is the solid foundation that we needed put in place to work from.”

Ms Sparrow said the Aged Care Act that passed through the Senate today contains many crucial elements that will protect the rights of older people, including a robust, independent complaints mechanism, enforceable rights for older people, the right to visitors at all times, and hardship protections.

“COTA Australia was a strong advocate for bringing forward a legislated Review with specific Terms of Reference around the impacts and any unintended consequences. That review will now happen in three years’ time,” Ms Sparrow said.

“We have also supported bringing forward the accommodation pricing review and will seek for that review to further consider measures to ensure supported residents are guaranteed a bed and that all residents are protected from inappropriately high accommodation payments.

“It was also great to see the Federal Government lift the proposed caps on cleaning and gardening which so many older people rely on, and to see Parliament ensure a future government can’t change the accommodation retention two per cent amount without returning to Parliament, require Government to publish the full timeframes someone waits to receive care, and ensure clear timeframes for stages of complaints to be resolved will be included in the rules.

“We can never forget the reason this Act was introduced in the first place: neglect. For too long older people have been subjected to horrific neglect in Australia and this Aged Care Act was a necessary step in finally changing that. It shifts the focus of where it should be – away from the aged care providers and to the older person themselves.

Ms Sparrow said that with the core foundations now laid, COTA Australia will now continue to advocate around the detail to ensure it is fair, equitable, transparent and truly delivers for older people.

“COTA Australia will now focus making sure the Act delivers on its promises. As a member on the Aged Care Transition Taskforce we will make sure the voice and experiences of older people are heard throughout the implementation of the Act.

“We will also look for opportunities for older people to have early input on the next stage of the Support at Home Program design, due to be introduced in 2027, to ensure that individuals get the services they need and important local community services are maintained to ensure people are well supported in their local communities.

“Parliamentarians across the chamber should be congratulated on the work they’ve done to finally get this Aged Care Act passed through the Senate so the rights of older people can finally start to be protected.”

Media contact: Tamara Kotoyan, 0430 291 890 or Alana Mew, 0419 929 722

SHARE THIS CONTENT: