Australian aged care is seeing a transformation ensuring a compassionate, rights-focussed system that prioritises the care, treatment and wellbeing of older Australians. Aged care reforms are being implemented in stages to ensure a smooth transition and address different aspects of the system effectively. The phased approach allows for careful planning and adaptation by providers, workers, and the community.

The reforms introduced on 1 July 2024 were part of the government’s ongoing efforts to improve aged care services, following recommendations from the Royal Commission (RC) into Aged Care Quality and Safety. These changes focused on immediate priorities, such as improving care quality and accountability.

The reforms set for 1 July 2025, including the introduction of the new Aged Care Act, aim to further enhance the system by putting the rights and needs of older people at the centre. This new Act will introduce measures like a single-entry point for services, a fair assessment framework, and increased provider accountability.

This article looks at the reforms that came into effect on 1 July 2024.These changes aimed to reform and improve the aged care system in Australia. These changes focused on enhancing the rights and needs of older people, increasing provider accountability, and ensuring better service delivery. Key updates included:

• A rights-based approach: The new Act emphasised the rights of older people accessing aged care services, ensuring culturally safe and fair assessments.
• Improved service delivery: It introduced a single-entry point for aged care services with clear eligibility requirements, making the system more accessible.
• Enhanced accountability: A new regulatory model was established to increase provider accountability and strengthen oversight by the aged care regulator.
• Support at Home program: This program aimed to help older Australians live independently at home for longer, with tailored support and funding.

The 2024 changes were primarily motivated by the findings of the Royal Commission into Aged Care Quality and Safety. The Commission revealed widespread issues in the aged care sector, including neglect, substandard care, and systemic failures. These findings highlighted the urgent need for reforms to prioritise the rights, dignity, and well-being of older Australians.

The changes aimed to address these issues by introducing a rights-based approach, improving service delivery, and increasing accountability for aged care providers. The reforms also reflected public demand for a more transparent and equitable aged care system that better meets the needs of older people.

Included in these reforms were changes to protect individuals who report issues or concerns, such as misconduct and/or unsafe practices within the aged care sector without fear of reprisal. These whistleblowing reforms included:

• Expanded Protections: The new Act broadens the scope of protections to cover anyone making a disclosure, not just current or former staff, contractors, or volunteers. This includes anonymous disclosures, provided they meet certain criteria.
• Designated Recipients: Whistleblowers can report concerns to specific groups, such as the Aged Care Quality and Safety Commission, the Department of Health and Aged Care, registered providers, or even police officers. However, disclosures to journalists do not qualify for protection under the new rules.
• Provider Obligations: Aged care providers are now required to implement official whistleblower policies. These policies must empower individuals to disclose concerns, identify eligible disclosures, protect whistleblowers, and respond appropriately to the issues raised.
• Legal Safeguards: The Act imposes statutory duties on providers to support and protect whistleblowers, ensuring they can report wrongdoing without fear of retaliation or unfair treatment.

Whistleblowers are protected under the Aged Care Act to ensure they can report misconduct or safety concerns without fear of retaliation. Key protections include:

• Legal Immunity: Whistleblowers are shielded from civil, criminal, or administrative liability for making a protected disclosure.
• Anonymity: Individuals can report concerns anonymously, and their identity must be safeguarded unless disclosure is required by law.
• Protection from Retaliation: Employers are prohibited from taking adverse actions, such as dismissal or discrimination, against whistleblowers.
• Designated Reporting Channels: Whistleblowers can report to specific bodies like the Aged Care Quality and Safety Commission, the Department of Health and Aged Care, or law enforcement.

These reforms aim to create a safer and more transparent and accountable environment in the aged care sector, encouraging individuals to speak up about misconduct or safety concerns. Please reach out should you wish to know more about the reforms and ensure your organisation is meeting its obligations. Next week we’ll look at the changes coming into effect on 1 July 2025.