Aged Care and Other Legislation Amendment Act 2025 (45 of 2025)

Schedule 1   Amendment of the Aged Care Act 2024

Part 1   Amendments commencing immediately after the commencement of the Aged Care Act 2024

Aged Care Act 2024

54A   At the end of section 91

Add:

(6) In making a determination under subsection (1) for the 2025-26 financial year, the Minister must ensure that the method makes available:

(a) a number of places equal to, or greater than, the guaranteed (tranche 1) number, for allocation to individuals for the service group home support by the end of 31 December 2025; and

(b) at least an additional 43,000 places, for allocation to individuals for the service group home support by the end of 30 June 2026.

Note: This guarantees at least 83,000 services (whether home care packages or home support places) for recipients.

(7) Nothing in subsection (6) limits the Minister's powers under any of paragraphs (1)(b) to (d) in respect of the places mentioned in that subsection.

(8) In this section:

guaranteed (tranche 1) number means the number worked out as follows:

(a) 40,000; less

(b) the following:

(i) if the difference between the number of home care packages immediately before the commencement of the Aged Care Act 2024 and the number of home care packages immediately before the transition time is greater than or equal to 40,000 - 40,000;

(ii) if the difference between the number of home care packages immediately before the commencement of the Aged Care Act 2024 and the number of home care packages immediately before the transition time is greater than zero but less than 40,000 - that difference;

(iii) otherwise - zero.

number of home care packages , at a time, means the number of home care packages under the Australian Government framework known as the National Priority System that were available and released to recipients at that time in accordance with determinations under subsection 23B-1(1) of the Aged Care Act 1997.

transition time means the beginning of the day after the Aged Care and Other Legislation Amendment Act 2025 receives the Royal Assent.