The Aged Care Act Exposure Draft proposes to replace today’s current aged care legislation, particularly the Aged Care Act 1997 (which largely focused on the regulation and payment of providers) and the Aged Care Quality and Safety Commission Act 2018. The recent Inspector-General of Aged Care Act 2023 will remain separate from the new Act, as will the Independent Hospital and Aged Care Pricing Authority, established under the National Health Reform Act 2011.

The new Act focuses on the safety, health and wellbeing of older people, and puts their needs and preferences first. It aims to create a simplified, rights-based legislative framework, with one piece of primary legislation that regulates aged care (the exposure draft) and a single set of subordinate legislation known as the Rules (not published for consultation prior to this response).

The exposure draft contains provisions that outline

• the list of Objects, underpinned by a Statement of Rights and a Statement of Principles
• the rights of older people accessing aged care services, and the role of Supporters and Representatives who assist them
• the process of entry into the Commonwealth aged care system
• the obligations placed on registered providers, digital platform operators, aged care workers and responsible persons of registered providers
• the functions and powers of the System Governor (Department of Health and Aged Care) and the Aged Care Quality and Safety Commission
• how information will be kept confidential, records will be kept, and data will be shared
• how decisions will be made and how they can be reviewed

This issues paper argues that the current draft of the Act doesn’t go far enough to deliver choice and control, transparency, an effective complaints process and enforceability of rights. This issues paper has been prepared by COTA Australia and OPAN, in partnership with 10 other older people and carer organisations. It presents a preliminary assessment of some of the key issues in the exposure draft. It also proposes possible solutions for older people, families, carers, other representatives, and stakeholders with expertise and interest in aged care to discuss during the exposure draft consultation period.