Aged Care Homes

Regulation of Aged Care Services.

In Australia, aged care services and aged care service providers (i.e. nursing homes) are governed primarily by the Aged Care Act 1997 (Cth) (the ‘Act’).

According to section 2-1 of the Act, the objects of the Act are:

• to provide for funding of aged care that takes account of:
  • the quality of the care; and
  • the type of care and level of care provided; and
  • the need to ensure access to care that is affordable by, and appropriate to the needs of, people who require it; and
  • appropriate outcomes for recipients of the care; and
  • accountability of the providers of the care for the funding and for the outcomes for recipients;
• to promote a high quality of care and accommodation for the recipients of aged care services that meets the needs of individuals;
• to protect the health and well-being of the recipients of aged care services;
• to ensure that aged care services are targeted towards the people with the greatest needs for those services;
• to facilitate access to aged care services by those who need them, regardless of race, culture, language, gender, economic circumstance or geographic location;
• to provide respite for families, and others, who care for older people;
• to encourage diverse, flexible and responsive aged care services that:
  • are appropriate to meet the needs of the recipients of those services and the carers of those recipients; and
  • facilitate the independence of, and choice available to, those recipients and carers;
• to help those recipients to enjoy the same rights as all other people in Australia;
• to plan effectively for the delivery of aged care services that:
  • promote the targeting of services to areas of the greatest need and people with the greatest need; and
  • avoid duplication of those services; and
  • improve the integration of the planning and delivery of aged care services with the planning and delivery of related health and community services;
• to promote ageing in place through the linking of care and support services to the places where older people prefer to live.

Aged care in Australia is highly regulated, and laws governing aged care can be complex.

If you have moved into an aged care home, or you are thinking about moving into an age care home, and require some legal advice about your rights or the responsibilities of the aged care provider under the Act or any Resident Agreement and/or Accommodation Agreement that you wish to enter or have entered, contact AdviiLaw today and speak to an experienced lawyer.

This commentary is of a general nature only, containing nothing more than some general information for the reader. It is not intended to be legal advice, nor cannot it be relied upon as legal advice. To this end, please read our Website Terms including the disclaimer contained therein carefully. Laws, rules and principles may be subject to sudden and unexpected changes and you should always consult a lawyer about your specific circumstances.