Aged Care Compliance Standards in Australia: What Providers Need to Know

The short version

Australia's aged care sector is in the middle of its biggest regulatory overhaul in decades. The Aged Care Act 2024 has replaced the 1997 legislation. New quality standards are coming. Reporting requirements have expanded. Workforce mandates are now law. If you provide aged care services, or if your healthcare practice intersects with the aged care system, you need to understand what has changed and what is still changing.

This guide covers the aged care compliance standards framework as it stands in 2026, including the eight Quality Standards, SIRS reporting, accreditation, workforce rules, star ratings, and the new rights-based framework under the Aged Care Act 2024.

What changed with the Aged Care Act 2024?

The Aged Care Act 2024 is the most significant piece of aged care legislation since the original Act was introduced in 1997. It came into effect on 1 July 2025, replacing the Aged Care Act 1997, the Aged Care (Transitional Provisions) Act 1997, and the Aged Care Quality and Safety Commission Act 2018 (partially).

The old Act was provider-focused. It regulated what providers had to do. The new Act is rights-based. It starts with what older Australians are entitled to.

Key changes include:

A Statement of Rights baked into legislation, giving older people enforceable rights to safe, quality care
A new duty of care on registered providers, with personal accountability for governing persons (board members, CEOs, key personnel)
Strengthened whistleblower protections for aged care workers who report concerns
A new complaints framework with clearer processes and timeframes
Expanded regulatory powers for the Aged Care Quality and Safety Commission, including civil penalties and banning orders
Support at Home program replacing the old Home Care Packages and Commonwealth Home Support Programme from July 2025

The shift from a provider-centric to a person-centric framework is not just philosophical. It changes how compliance is assessed. Assessors will look at outcomes for residents, not just whether you have a policy folder on the shelf.

If your compliance documentation still references the 1997 Act, it is out of date. Update it.

What are the 8 Aged Care Quality Standards?

The Aged Care Quality Standards set the baseline for quality and safety across all government-funded aged care services in Australia. They apply to residential aged care, home care, and flexible care services.

Each standard has a statement of outcome (what the consumer should experience) and a set of requirements (what the provider must demonstrate). Assessors evaluate both.

Here is a summary of all eight standards:

| Standard | Name | Core Focus | |----------|------|------------| | 1 | Consumer Dignity and Choice | Respecting individuality, identity, privacy, and right to make informed choices | | 2 | Ongoing Assessment and Planning | Regular assessment of care needs and development of care and services plans | | 3 | Personal Care and Clinical Care | Safe, effective personal and clinical care tailored to each consumer's needs | | 4 | Services and Supports for Daily Living | Assistance with daily tasks that supports independence and quality of life | | 5 | Organisation's Service Environment | Safe, comfortable, well-maintained physical environments | | 6 | Feedback and Complaints | Accessible, responsive systems for feedback, complaints, and resolution | | 7 | Human Resources | Workforce that is sufficient, skilled, qualified, and supported | | 8 | Organisational Governance | Governance, leadership, and culture that delivers safe, quality care |

Standard 8 is the backbone. Like Standard 1 (Clinical Governance) under the NSQHS Standards, it underpins everything else. Without proper governance, the other seven standards will not hold up under scrutiny.

A few things worth noting. Standards 1 and 6 are where the rights-based approach is most visible. Assessors are looking at whether consumers genuinely feel heard, respected, and empowered. Standard 3 is where clinical risk lives. If your clinical care processes have gaps, this is where it will show up during assessment.

The Australian Government has flagged a review of these standards to align them more closely with the Aged Care Act 2024. New strengthened standards are expected to take effect from 1 July 2025 onwards. Keep an eye on the Aged Care Quality and Safety Commission website for the latest version.

How does SIRS reporting work?

The Serious Incident Response Scheme (SIRS) is the mandatory incident reporting framework for aged care providers. It was introduced in April 2021 for residential aged care and expanded to home care and flexible care services in December 2022.

SIRS requires providers to report certain serious incidents to the Aged Care Quality and Safety Commission within strict timeframes. It also requires providers to have an effective incident management system in place.

What counts as a reportable incident under SIRS?

Unreasonable use of force
Unlawful sexual contact or inappropriate sexual conduct
Neglect of a consumer
Psychological or emotional abuse
Stealing or financial coercion
Unexpected death connected to care
Use of restrictive practices that are not authorised or not used as a last resort
Unexplained absence from care

Reporting timeframes:

Priority 1 incidents (immediate risk to health, safety, or wellbeing): Report within 24 hours of becoming aware
Priority 2 incidents (no immediate risk but still serious): Report within 30 days of becoming aware

After reporting, providers must investigate the incident, take reasonable steps to prevent recurrence, and keep records. The Commission can investigate further, issue compliance notices, and take enforcement action if a provider fails to manage incidents properly.

The biggest mistake providers make with SIRS is under-reporting. If you are unsure whether something meets the threshold, report it. The Commission has been clear that under-reporting is a more serious concern than over-reporting.

Your incident management system should include clear definitions, escalation pathways, investigation procedures, root cause analysis, and corrective action tracking. Staff need to know what to report, how to report it, and that they will not face retaliation for reporting. This ties directly to the whistleblower protections strengthened under the Aged Care Act 2024.

What does the Aged Care Quality and Safety Commission do?

The Aged Care Quality and Safety Commission is the single regulator for aged care quality and safety in Australia. It was established in January 2019, consolidating functions previously spread across multiple agencies.

The Commission's responsibilities include:

Accreditation and assessment of aged care services against the Quality Standards
Handling complaints about aged care services
Administering SIRS and monitoring incident reporting
Monitoring and compliance action, including sanctions, notices of non-compliance, and banning orders
Approving providers to deliver government-funded aged care
Publishing information about service quality, including star ratings

Under the Aged Care Act 2024, the Commission's enforcement powers have been significantly expanded. It can now issue civil penalty notices, seek injunctions, and apply banning orders against individuals (not just providers). The personal accountability provisions mean that governing persons, including board members and CEOs, can face consequences for systemic failures.

The Commission publishes its compliance and enforcement approach on its website. It is worth reading. It sets out how the Commission decides when to educate versus when to enforce, and what triggers escalation.

How does aged care accreditation work?

Accreditation is the process by which a residential aged care service demonstrates it meets the Aged Care Quality Standards. It is conducted by assessment teams appointed by the Aged Care Quality and Safety Commission.

The accreditation cycle:

Self-assessment: The provider completes a self-assessment against the Quality Standards before the accreditation visit
Site audit: An assessment team visits the service, reviews documentation, observes care, and interviews staff, consumers, and families
Assessment report: The team produces a report with findings against each standard
Accreditation decision: The Commission decides whether to accredit (usually for three years), accredit with conditions, or refuse accreditation
Ongoing monitoring: The Commission may conduct unannounced visits (assessment contacts) at any time during the accreditation period

There are also review audits, which can be triggered by complaints, incidents, or concerns identified during monitoring.

The shift under the new Act means assessors are increasingly focused on outcomes, not just processes. Having a policy is necessary but not sufficient. Assessors want to see that the policy translates into actual practice. They will talk to residents. They will talk to families. They will observe care being delivered.

Preparation tips that actually matter:

Make sure frontline staff can explain how they deliver care, in their own words. Scripted answers are obvious and unimpressive.
Ensure your documentation is current. Outdated care plans are one of the most common findings.
Test your incident management system. Can staff demonstrate the reporting pathway from memory?
Check that your governance meetings have documented minutes with actions and follow-ups.

For providers who also hold healthcare accreditation (NSQHS Standards), there is significant overlap in governance, risk management, and incident management. A well-structured compliance management system can help you manage both frameworks without duplicating effort.

What are the workforce requirements?

Workforce has been one of the most contested areas of aged care reform. The Royal Commission into Aged Care Quality and Safety recommended minimum staffing levels, and the Government has legislated them.

Minimum care minutes (residential aged care):

From 1 October 2024, residential aged care facilities must provide an average of 200 care minutes per resident per day, including at least 40 minutes of registered nurse (RN) time.

This is measured as a facility-wide average across a quarter. The Department of Health and Aged Care publishes quarterly reports on compliance.

24/7 registered nurse requirement:

From 1 July 2023, residential aged care facilities must have at least one registered nurse on site and on duty 24 hours a day, seven days a week. Exemptions are extremely limited and time-bound.

What this means in practice:

Rostering must be designed to meet both the total care minutes target and the RN component
You need systems to track actual delivered minutes, not just rostered hours
Agency and temporary staff count towards the minutes, but the Commission has flagged concerns about over-reliance on agency staff affecting care continuity
Staff qualifications, registrations, and CPD must be verified and current

Workforce compliance is an area where manual tracking breaks down quickly. Spreadsheets cannot keep up with registration expiries, CPD deadlines, and rostering calculations across a full facility. This is where a dedicated staff tracking platform pays for itself.

For aged care workers who hold AHPRA registration (nurses, physiotherapists, occupational therapists, pharmacists, psychologists, and others), CPD requirements run in parallel. Our CPD courses are designed for healthcare professionals working across clinical settings, including aged care.

How do star ratings work?

The Star Ratings system for residential aged care was introduced in December 2022. It gives consumers and families a way to compare services based on publicly available data.

Each service receives an overall star rating from 1 to 5 stars, based on four sub-categories:

Residents' experience (weighted 33%): Based on consumer experience interviews conducted by the Commission
Compliance (weighted 30%): Based on the service's compliance history, including assessment outcomes and sanctions
Staffing (weighted 22%): Based on care minutes data reported by the provider
Quality measures (weighted 15%): Based on five National Aged Care Mandatory Quality Indicator Program (QI) measures, covering pressure injuries, physical restraint, unplanned weight loss, falls and major injury, and medication management

Star ratings are published on the My Aged Care website. They update quarterly as new data becomes available.

The system has been controversial. Some providers argue that the weightings do not reflect the full picture. But the direction is clear: transparency is increasing, and poor performance is now visible to consumers before they choose a service.

From a compliance perspective, your star rating is a lagging indicator. It reflects what has already happened. The proactive work is in the systems that drive good outcomes: governance, staffing, clinical care, and incident management.

What are the rules around restrictive practices?

Restrictive practices in aged care are heavily regulated. They include physical restraint, chemical restraint, mechanical restraint, environmental restraint, and seclusion.

Under the current framework:

Restrictive practices can only be used as a last resort after all alternatives have been tried and documented
Informed consent must be obtained from the consumer (or their representative) before a restrictive practice is used, except in emergencies
A restrictive practice must be authorised by an approved health practitioner and documented in the consumer's care plan
Providers must report the use of restrictive practices to the Commission through SIRS (if the use is unauthorised or not a last resort) and through the National Aged Care Mandatory Quality Indicator Program
Regular review of any ongoing restrictive practice is required, with a clear plan to reduce or eliminate its use

Chemical restraint is the area receiving the most regulatory attention. The use of psychotropic medications (antipsychotics, benzodiazepines, antidepressants) for behavioural management without appropriate clinical justification is a compliance red flag. Assessors will review medication charts, prescribing patterns, and whether behaviour support plans are in place and being followed.

The Aged Care Act 2024 strengthens the restrictive practices framework further, with clearer definitions and increased penalties for non-compliance.

What rights do consumers have under the new framework?

The Aged Care Act 2024 introduces a Statement of Rights for older Australians receiving aged care. This is not a set of guidelines. It is legislated.

Key rights include:

The right to safe, quality care and services that meet your needs
The right to be treated with dignity, respect, and independence
The right to make informed choices about your care, including the right to take risks
The right to privacy and confidentiality of personal information
The right to complain without fear of reprisal
The right to access information about your care, services, and the provider
The right to have your cultural, linguistic, and spiritual needs respected

For providers, this means your policies and practices must demonstrably uphold these rights. It is not enough to have a rights statement on the wall. Assessors will ask residents whether they feel their rights are respected. They will look at how complaints are handled. They will check whether consumers have genuine input into their care plans.

How does aged care compliance intersect with healthcare clinics?

If you run a healthcare clinic, you might think aged care compliance is someone else's problem. But the overlap is bigger than you might expect.

Allied health providers who deliver services into residential aged care facilities or through home care packages need to understand the Quality Standards, particularly Standard 3 (Personal Care and Clinical Care). Your service delivery will be assessed as part of the facility's accreditation.

GP practices that provide primary care to aged care residents have obligations around clinical handover, medication management, and advance care planning that intersect with the Quality Standards and SIRS reporting.

Pharmacy services providing medication management to aged care facilities need to understand the restrictive practices framework, particularly around chemical restraint and psychotropic prescribing reviews.

Nursing agencies and locum providers supplying staff to aged care facilities need to ensure their workforce meets the qualification, registration, and CPD requirements.

If your practice provides services to aged care consumers, your compliance framework needs to account for both your own accreditation requirements (such as the NSQHS Standards) and the aged care Quality Standards. A joined-up approach saves time and reduces the risk of gaps.

AHCRA's compliance platform includes policy templates and tracking tools that work across both healthcare and aged care compliance frameworks. If you are managing dual obligations, it is worth consolidating into a single system rather than running two separate compliance processes.

Aged care compliance checklist

Use this as a starting point. It is not exhaustive, but it covers the areas where providers most commonly have gaps.

Governance and leadership:

[ ] Governance framework documented and current
[ ] Governing persons identified with clear accountability
[ ] Quality and safety reporting to the board or governing body at least quarterly
[ ] Risk register maintained and reviewed regularly
[ ] Clinical governance system in place for Standard 3

Quality Standards:

[ ] Self-assessment against all 8 Quality Standards completed within the last 12 months
[ ] Action plans for identified gaps documented and tracked
[ ] Consumer feedback collected, analysed, and acted upon
[ ] Care plans current, individualised, and reviewed regularly

SIRS and incident management:

[ ] Incident management system in place with clear definitions and escalation pathways
[ ] Staff trained on SIRS reporting obligations and timeframes
[ ] Priority 1 and Priority 2 incidents reported within required timeframes
[ ] Root cause analysis completed for serious incidents
[ ] Corrective actions tracked to completion

Workforce:

[ ] Minimum 200 care minutes per resident per day achieved (residential)
[ ] At least 40 RN minutes per resident per day achieved (residential)
[ ] 24/7 RN on site and on duty (residential)
[ ] All staff qualifications, registrations, and police checks current
[ ] CPD requirements met for all registered health professionals
[ ] Staff training records maintained and up to date

Restrictive practices:

[ ] Restrictive practices policy current and aligned with legislation
[ ] All restrictive practices authorised, documented, and consented
[ ] Behaviour support plans in place before any restrictive practice is used
[ ] Regular review of ongoing restrictive practices documented
[ ] Quality indicator data on restraint use reported quarterly

Consumer rights:

[ ] Statement of Rights displayed and communicated to all consumers
[ ] Complaints process accessible, documented, and responsive
[ ] Informed consent processes robust and documented
[ ] Cultural safety and diversity needs assessed and addressed

If you are looking for ready-made policy templates and a system to track all of the above, get in touch with us to see how AHCRA can support your aged care compliance.

Frequently asked questions

Who do the Aged Care Quality Standards apply to?

The standards apply to all organisations that deliver Australian Government-funded aged care services. This includes residential aged care facilities, home care package providers, Commonwealth Home Support Programme providers, and flexible care providers. If you receive government funding to deliver aged care, you must meet the standards.

How often are aged care facilities accredited?

Residential aged care facilities are typically accredited for a three-year period. However, the Commission can conduct unannounced visits (assessment contacts) at any time. If concerns are identified, a review audit can be triggered outside the normal accreditation cycle. Accreditation with conditions can also shorten the cycle.

What happens if a provider fails to meet the Quality Standards?

The Commission has a range of enforcement tools. These include notices of non-compliance, sanctions (such as restricting new admissions), civil penalties, and in serious cases, revocation of approval to provide care. Under the Aged Care Act 2024, governing persons can also face personal consequences, including banning orders. The Commission publishes its compliance actions on its website.

Do the minimum care minutes apply to home care?

No. The minimum care minutes requirement (200 minutes per resident per day, including 40 RN minutes) applies only to residential aged care facilities. Home care services have separate quality and workforce requirements under the Quality Standards and the new Support at Home program.

How does the Support at Home program affect compliance?

The Support at Home program replaced the Home Care Packages program and the Commonwealth Home Support Programme from 1 July 2025. It introduces a single assessment pathway, a new funding model, and updated compliance requirements aligned with the Aged Care Act 2024. Providers transitioning to Support at Home need to update their policies, contracts, and reporting systems to meet the new requirements.

Sources

Aged Care Quality and Safety Commission — regulator website, Quality Standards, SIRS guidance, star ratings methodology
Department of Health and Aged Care — Aged Care — legislation, workforce requirements, Support at Home program
Aged Care Act 2024 — full text of the legislation
SIRS Guidelines — reportable incidents, timeframes, provider responsibilities
Royal Commission into Aged Care Quality and Safety — Final Report — recommendations that shaped current reforms
My Aged Care — Star Ratings — published star ratings for residential aged care services