For the benefit of our international readers who may not be familiar with the term, what does ‘aged care’ encompass? Aged care typically refers to the private and government-funded ageing-related supports and services that are available in Australia for persons aged over 65 years of age. It can include supports and services for person younger than 65 years of age if they are assessed as requiring aged care. This includes persons in populations known to develop conditions of ageing at a younger age and persons who, because of significant permanent disability and lack of specialist disability accommodation, require residential care through residential aged care services. It also includes retirement communities (independent and assisted living for persons over 55 years) and, in terms of legal practice, can include related areas such as guardianship and administration, privacy, end of life, human rights and mental health. What is the key legislation that governs the administration of aged care in Australia? In Australia, residential aged care and community aged care are currently governed by: • the Aged Care Act (Cth) 1997 and the Principles under that Act; and • the Aged Care Quality and Safety Commission Act (Cth) 2018 and the Rules under that Act. A new Aged Care Act is expected in or around 2024. Legislation regulating retirement communities is not regulated at the 72 LAWYER MONTHLY APRIL 2023 What Are Australia’s Aged Care Challenges? Thought Leader In recent years, the government of Australia has begun a widespread reform of its aged care laws, with many profound changes already enacted or planned for the future. In this article we speak with Julia Abrahams, chief counsel at Catholic Healthcare Limited and a leader in aged care law, on the challenges facing older people in Australia and what legal practitioners must do to ensure their wellbeing.
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