Australia’s aged care system changes on 1 November 2025. A new rights-based Aged Care Act begins and becomes the main law for government-funded aged care. The law shifts the focus to the person receiving care and aligns with other reforms such as Support at Home and strengthened care standards.
These reforms respond to findings of the Royal Commission into Aged Care Quality and Safety and years of consultation with older people, families, and providers. The aim is to make the system fairer and easier to use, with stronger protections when things go wrong.
If you are planning for yourself or a family member, this guide shows what will change on 1 November 2025, what will stay the same during the transition, and how to prepare your legal documents so your wishes are respected.
What Is the New Aged Care Act 2025
From 1 November 2025, a Statement of Rights will apply to everyone using Commonwealth-funded aged care. It replaces the current Charter and places your will and preferences at the centre of care decisions. It also supports access to information and advocacy so you can exercise those rights.
What this means for you:
- You can expect care that is safe, person-centred and culturally appropriate.
- You have the right to be involved in decisions and to receive information you can understand.
- You can seek independent, free advocacy support if you need help to speak up.
When It Starts and What It Replaces
Parliament passed the Aged Care Act 2024 on 25 November 2024. Government guidance confirms the new Act commences 1 November 2025 and aligns with the Support at Home program and new quality standards. It will also replace existing legislation, including the Aged Care Act 1997 and the Aged Care Quality and Safety Commission Act 2018.
Your Rights and the Standards That Protect Them
The reforms put rights first. The Statement of Rights emphasises dignity, independence and supported decision-making. It recognises the different needs of groups such as Aboriginal and Torres Strait Islander peoples, with targeted assessment pathways to improve cultural safety.
Strengthened Aged Care Quality Standards
The Strengthened Quality Standards take effect on 1 November 2025. They are more specific and measurable, linking quality to governance, workforce capability, clinical care and everyday living. Until then, the existing standards remain in place.
What providers must show:
- Clear clinical governance and risk management
- Trained and capable staff delivering safe care
- Consistent assessment, planning and feedback mechanisms
- Evidence of continuous improvement against each standard
Transparency You Can Use
Families will see clearer information about fees, inclusions and quality. A change to the Staffing component of Star Ratings applies from 1 October 2025: homes must meet both their registered nurse minutes and total care minutes to achieve 3 stars or more for staffing. This aligns ratings with legislated staffing responsibilities.
One Doorway to Services: The Single Assessment Process
The Single Assessment System creates one pathway into aged care, so you tell your story once and can be reassessed as your needs change. The Integrated Assessment Tool (IAT) replaced the old form on 1 July 2024 and is now used to assess eligibility for government-subsidised aged care.
Practical tips for assessment day:
- Have your Medicare and GP details, medication list, recent health reports and contact details for your decision-makers.
- Note daily living needs, safety risks at home, and cultural or religious preferences.
What Changes for Home Care and Residential Care
From 1 November 2025, Support at Home replaces the Home Care Packages and Short-Term Restorative Care programs. It offers more flexible supports, including equipment and home modifications, and clearer rules for program funding and participant contributions shown in provider quotes. The Commonwealth Home Support Programme (CHSP) continues and will transition no earlier than 1 July 2027.
If you receive CHSP now:
- Your services continue under CHSP.
- From 1 November 2025, CHSP providers become regulated under the new Act, with a standardised service list and updated names and descriptions.
- Transition to Support at Home is planned later, no earlier than 1 July 2027.
Residential Aged Care
Residential care will keep focusing on safe staffing and clinical care. Care minutes remain an important measure. The staffing rating change above helps families understand whether a home meets both RN and total care-minute targets. Use Star Ratings alongside your own visits, questions and contract reviews.
Complaints, Monitoring and Enforcement: Who Does What
If you have a concern about your care, you can complain directly to the Aged Care Quality and Safety Commission. Complaints are free and can be made openly, confidentially or anonymously. Phone 1800 951 822 for general complaints or 1800 844 044 for food, nutrition and dining issues, or use the online form.
What to expect when you complain:
- The Commission assesses the concern and may work with you and the provider to resolve it.
- Regulatory action is possible where serious or ongoing issues are found.
- You can involve an independent advocate at any time.
Advocacy and Practical Help
The Older Persons Advocacy Network (OPAN) offers free, independent help. Advocates explain your rights, help you prepare for assessments or meetings, and support you when making a complaint. Call the Aged Care Advocacy Line: 1800 700 600.
Provider Accountability and Prudential Oversight
From 1 November 2025, providers are subject to new Financial and Prudential Standards and updated reporting rules that strengthen financial governance and transparency, for example around refundable accommodation deposits, and support continuity of care. Guidance on these changes is available for residential and Support at Home providers.
NSW Planning and Decision-Making Essentials
Legal planning supports your rights and reduces stress if capacity changes. The following information reflects NSW law.
Enduring Power of Attorney (NSW)
An Enduring Power of Attorney (EPOA) lets you appoint someone to make financial and legal decisions if you lose capacity. It is made under the Powers of Attorney Act 2003 (NSW). The law sets out how to create an enduring power and when the authority begins, on acceptance by the attorney. NCAT can review an EPOA if there are concerns.
Best-practice steps:
- Choose attorneys you trust and outline any limits on their authority.
- Keep certified copies with your bank, accountant and lawyer.
- Review after major life changes or when your care needs shift.
Appointment of Enduring Guardian (NSW)
An Appointment of Enduring Guardian authorises a person you choose to make personal and lifestyle decisions if you lose capacity. It is made under the Guardianship Act 1987 (NSW) and must be witnessed by an eligible witness, such as an Australian legal practitioner or a registrar of the Local Court. NCAT can review or vary an appointment if needed.
Typical functions an Enduring Guardian may hold:
- Decide where you live and what services you receive
- Consent to medical or dental treatment, subject to clinical law and your directives
- Access information needed to make decisions in your best interests
Advance Care Directive
An Advance Care Directive (ACD) records your health and end-of-life care preferences. NSW Health provides a form and an information booklet. A directive should be clear, signed, and shared with your GP, hospital and decision-makers. Keep copies in a safe place and upload to My Health Record if available.
Helpful tips:
- Discuss values and specific wishes with family and your GP.
- Update your ACD if your health or preferences change.
- For legal questions about your ACD, NSW Trustee & Guardian can help.
When Capacity Is in Doubt
The NSW Civil and Administrative Tribunal (NCAT) – Guardianship Division can appoint a guardian and/or a financial manager if a person has a decision-making disability and there is a need for formal orders. NCAT can also review enduring documents. The Public Guardian or the NSW Trustee & Guardian may be appointed if there is no suitable private appointee.
Transition Timelines and What Stays the Same for Now
Key dates to note:
- 1 November 2025: New Aged Care Act commences; Strengthened Quality Standards commence; Support at Home starts for services replacing HCP and Short-Term Restorative Care; updated financial and prudential settings begin.
- From 1 October 2025: To achieve 3 stars or more for Staffing, a home must meet both its RN and total care-minute targets.
- No earlier than 1 July 2027: CHSP transitions into Support at Home. CHSP continues in the meantime.
During the transition:
- Keep copies of agreements, updated fee schedules and any notices from your provider.
- If you are on CHSP, your services continue under CHSP until the later transition.
- If you are on a Home Care Package, your provider will move you to Support at Home from 1 November 2025 and should explain inclusions and contributions in writing.
Step-By-Step Plan for NSW Families Before 1 November 2025
- Map needs and goals: list daily supports, safety issues, equipment needs, and future changes you expect.
- Book an assessment early: start with My Aged Care so the Single Assessment System can set a baseline and reassess as needs change. Ask for an OPAN advocate if you want independent support.
- Shortlist providers: compare Star Ratings and compliance history and ask how the provider meets the strengthened standards. For residential care, check staffing and care minutes; for home care, ask how Support at Home services and contributions work.
- Budget for fees and contributions: seek itemised quotes that separate government funding from your contributions. Ask about refundable accommodation deposits in residential care and how prudential rules protect your money.
- Put NSW documents in place: prepare or update your EPOA, Enduring Guardian appointment and Advance Care Directive. Share certified copies with family, your GP and your provider.
- Record preferences and consent: write down cultural needs, religious practices, communication preferences and who to contact. This supports your rights and helps providers meet the standards.
- Know how to raise concerns: start with your provider. If unresolved or you prefer, contact the Commission on 1800 951 822; for free help, contact OPAN on 1800 700 600.
How M de Mestre Lawyers Can Help
The aged care reform 2025 rights-based act makes rights clearer, standards stronger and access simpler. The single assessment process and Support at Home create a more user-friendly pathway, while staffing transparency and prudential oversight lift provider accountability. NSW families can prepare now: organise an assessment, compare providers carefully, budget for contributions, and put the right legal documents in place.
M de Mestre Lawyers helps NSW families prepare for the new Aged Care Act 2025 with clear, practical advice. We explain your Statement of Rights and how to use them in planning and complaints, review home care and residential agreements for transparency and compliance, and draft or update your Enduring Power of Attorney, Appointment of Enduring Guardian and Advance Care Directive so they align with your care goals.
This is general guidance only. Seek professional advice for your situation. Contact M de Mestre Lawyers on 0401 513 190 or [email protected]
Frequently Asked Questions (FAQs)
What’s the main difference between a General Power of Attorney and an Enduring Power of Attorney?
A General Power of Attorney (POA) stops if you lose decision-making capacity. An Enduring Power of Attorney (EPOA) continues after you lose capacity, so your attorney can keep managing financial and legal matters.
Do either of these cover medical or personal decisions?
No. Both only cover financial and legal decisions. For health and lifestyle choices, you need an Appointment of Enduring Guardian.
When do these powers start?
You can set them to start immediately or on a trigger you choose (for example, if you later lose capacity). State the start time clearly in the document.
Who can witness the documents?
A General POA needs one adult witness who isn’t an attorney under the document. An Enduring POA must be signed before a prescribed witness (such as an Australian legal practitioner) who explains the effect and certifies you understand it.
Do I need to register anything?
Registration is required before an attorney signs certain dealings that affect NSW land. Keep certified copies with your bank, accountant, and lawyer, and review the documents after major life changes.
