{"id":"F2025L01321","name":"Aged Care (Consequential and Transitional Provisions) Determination 2025","slug":"aged-care-consequential-and-transitional-provisions-determination-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443023,"registerId":"F2025L01321-fast-fetch-1775957935032","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Aged Care (Consequential and Transitional Provisions) Determination 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nAged Care (Consequential and Transitional Provisions) Determination 2025\n\nI, Blair Comley PSM, System Governor, make the following determination.\n\nDated 29 October 2025\n\nBlair Comley PSM\n\nSystem Governor\n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Service groups home support, assistive technology and home modifications\n\n6 Service group residential care\n\n \n\n1  Name\n\n  This instrument is the Aged Care (Consequential and Transitional Provisions) Determination 2025.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument At the same time as the Aged Care Act 2024 commences. 1 November 2025\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under item 4 of Schedule 2 to the Aged Care (Consequential and Transitional Provisions) Act 2024.\n\n4  Definitions\n\n (1) In this instrument:\n\nCTP Act means the Aged Care (Consequential and Transitional Provisions) Act 2024.\n\nCTP Rules means the Aged Care (Consequential and Transitional Provisions) Rules 2025.\n\n (2) An expression used in a provision of this instrument and defined in subitem 1(1) of Schedule 2 to the CTP Act has the same meaning in that provision as it has in that Schedule.\n\nNote:  The following expressions used in this instrument are defined in subitem 1(1) of Schedule 2 to the CTP Act:\n\n(a) new Act;\n\n(b) new law;\n\n(c) old Act;\n\n(d) old law;\n\n(e) transition time.\n\n (3) An expression used in a provision of this instrument and in the new law has the same meaning in that provision as it has in the new law, subject to subsection (4).\n\n (4) An expression used in a provision of this instrument and in the old law has the same meaning in that provision as it had in the old law to the extent that:\n\n (a) the use of the expression in that provision relates to an event that occurred, or a state of affairs that existed, under the old law before the transition time; or\n\n (b) the provision has the effect that a provision of the old law continues to apply despite the repeal of the old law.\n\n5  Service groups home support, assistive technology and home modifications\n\n (1) This section is made for the purposes of subitem 4(1) of Schedule 2 to the CTP Act.\n\nIndividuals approved under section 22‑1 of the old Act as recipients of home care\n\n (2) For the class of individuals to whom paragraph 2(2)(a) of Schedule 2 to the CTP Act applies:\n\n (a) the classification level taken to be established for each of the individuals in the class under subsection 78(1) of the new Act at the transition time for the classification type specified in column 1 of an item of the following table for the service group specified in column 2 of the table item that those individuals are taken to be approved for under subitem 2(1) of that Schedule is the classification level specified in column 3 of the table item; and\n\n (b) if the circumstances specified in column 4 of the table item apply in relation to the individuals in the class and the classification type for the service group—the priority category that each of those individuals is taken to have been assigned for the classification type for the service group under subsection 86(1) of the new Act at the transition time is the priority category specified in column 5 of the table item; and\n\n (c) if the circumstances specified in column 6 of the table item apply in relation to the individuals in the class and the classification type for the service group—a place is taken to have been allocated under subsection 92(1) of the new Act at the transition time to each of those individuals for the classification type for the service group.\n\n \n\n- Classification levels, priority categories and place allocations—home care\n- Item Column 1 Classification type Column 2 Service group Column 3 Classification level Column 4 Circumstances—priority category Column 5 Priority category Column 6 Circumstances—place allocation\n- 1 Ongoing Home support Each of the following that applies to the individual:(a) if, as at immediately before the transition time, the levels of care to which the individual’s approval was limited included level 1—HCP class 1;(b) if, as at immediately before the transition time, the levels of care to which the individual’s approval was limited included level 2—HCP class 2;(c) if, as at immediately before the transition time, the levels of care to which the individual’s approval was limited included level 3—HCP class 3;(d) if, as at immediately before the transition time, the levels of care to which the individual’s approval was limited included level 4—HCP class 4;(e) if, as at immediately before the transition time, the individual was a prioritised home care recipient:(i) if the individual’s level of care as a prioritised home care recipient was level 1—HCP class 1; or(ii) if the individual’s level of care as a prioritised home care recipient was level 2—HCP class 2; or(iii) if the individual’s level of care as a prioritised home care recipient was level 3—HCP class 3; or(iv) if the individual’s level of care as a prioritised home care recipient was level 4—HCP class 4 As at immediately before the transition time, the individual was not a prioritised home care recipient (a) for an individual whose priority for home care services under section 22‑2A of the old Act, as at immediately before the transition time, was high—urgent; or(b) for an individual who, as at immediately before the transition time, was being provided with flexible care through an innovative care service—high; or(c) for an individual whose priority for home care services under section 22‑2A of the old Act, as at immediately before the transition time, was medium—the priority category established for the individual under section 27 of the CTP Rules As at immediately before the transition time, the individual:(a) was a prioritised home care recipient but had not entered a home care service; or(b) had entered a home care service and had not ceased to be provided with home care through the home care service\n- 2 Short‑term Assistive technology AT transitional Not applicable Not applicable All circumstances\n- 3 Short‑term Home modifications HM transitional Not applicable Not applicable All circumstances\n\n\nIndividuals approved under section 22‑1 of the old Act as recipients of flexible care in the form of short‑term restorative care\n\n (3) For the class of individuals to whom paragraph 2(2)(b) of Schedule 2 to the CTP Act applies:\n\n (a) the classification level taken to be established for each of the individuals in the class under subsection 78(1) of the new Act at the transition time for the classification type specified in column 1 of an item of the following table for the service group specified in column 2 of the table item that those individuals are taken to be approved for under subitem 2(1) of that Schedule is the classification level specified in column 3 of the table item; and\n\n (b) in all circumstances—a place is taken to have been allocated under subsection 92(1) of the new Act at the transition time to each of those individuals for the classification type for the service group.\n\n \n\n- Classification levels—flexible care in the form of short‑term restorative care\n- Item Column 1 Classification type Column 2 Service group Column 3 Classification level\n- 1 Short‑term Home support (a) for an individual for whom, as at immediately before the transition time, an episode of short‑term restorative care had not commenced—SAH restorative care pathway; or(b) for an individual for whom, as at immediately before the transition time, an episode of short‑term restorative care had commenced but had not been completed—STRC class\n- 2 Short‑term Assistive technology (a) for an individual for whom, as at immediately before the transition time, an episode of short‑term restorative care had not commenced—AT medium; or(b) for an individual for whom, as at immediately before the transition time, an episode of short‑term restorative care had commenced but had not been completed—AT transitional\n- 3 Short‑term Home modifications (a) for an individual for whom, as at immediately before the transition time, an episode of short‑term restorative care had not commenced—HM medium; or(b) for an individual for whom, as at immediately before the transition time, an episode of short‑term restorative care had commenced but had not been completed—HM transitional\n\n\nIndividuals approved under section 22‑1 of the old Act as recipients of flexible care in the form of transition care\n\n (4) For the class of individuals to whom paragraph 2(2)(c) of Schedule 2 to the CTP Act applies, the classification level taken to be established for each of the individuals in the class under subsection 78(1) of the new Act at the transition time for the classification type specified in column 1 of an item of the following table for the service group specified in column 2 of the table item that those individuals are taken to be approved for under subitem 2(1) of that Schedule is the classification level specified in column 3 of the table item.\n\n \n\n- Classification levels—flexible care in the form of transition care\n- Item Column 1 Classification type Column 2 Service group Column 3 Classification level\n- 1 Hospital transition Home support HS HT class\n- 2 Hospital transition Assistive technology AT HT class\n\n\nIndividuals accessing, or to access, flexible care provided in a community setting through a multi‑purpose service\n\n (5) For the class of individuals to whom paragraph 2(2)(d) of Schedule 2 to the CTP Act applies:\n\n (a) the classification level taken to be established for each of the individuals in the class under subsection 78(1) of the new Act at the transition time for the classification type specified in column 1 of an item of the following table for the service group specified in column 2 of the table item that those individuals are taken to be approved for under subitem 2(1) of that Schedule is the classification level specified in column 3 of the table item; and\n\n (b) if the circumstances specified in column 4 of the table item apply in relation to the individuals in the class and the classification type for the service group—the priority category that each of those individuals is taken to have been assigned for the classification type for the service group under subsection 86(1) of the new Act at the transition time is the priority category specified in column 5 of the table item.\n\n \n\n- Classification levels and priority categories—flexible care provided in a community setting through a multi‑purpose service\n- Item Column 1 Classification type Column 2 Service group Column 3 Classification level Column 4 Circumstances—priority category Column 5 Priority category\n- 1 Ongoing Home support HSO MPSP The individual is not taken to have a priority category under item 1 of the table in subsection (2) or item 1 of the table in subsection (7) Standard\n- 2 Short‑term Home support HSST MPSP Not applicable Not applicable\n- 3 Short‑term Assistive technology AT transitional All circumstances Immediate\n- 4 Short‑term Home modifications HM transitional All circumstances Immediate\n\n\nIndividuals assessed as eligible for Commonwealth Home Support Programme services\n\n (6) For the class of individuals to whom paragraph 2(2)(e) of Schedule 2 to the CTP Act applies:\n\n(a) the classification level taken to be established for each of the individuals in the class under subsection 78(1) of the new Act at the transition time for the classification type specified in column 1 of an item of the following table for the service group specified in column 2 of the table item that those individuals are taken to be approved for under subitem 2(1) of that Schedule is the classification level specified in column 3 of the table item; and\n\n (b) if the circumstances specified in column 4 of the table item apply in relation to the individuals in the class and the classification type for the service group—the priority category that each of those individuals is taken to have been assigned for the classification type for the service group under subsection 86(1) of the new Act at the transition time is the priority category specified in column 5 of the table item.\n\n \n\n- Classification levels and priority categories—Commonwealth Home Support Programme services\n- Item Column 1 Classification type Column 2 Service group Column 3 Classification level Column 4 Circumstances—priority category Column 5 Priority category\n- 1 Ongoing Home support CHSP transitional Not applicable Not applicable\n- 2 Short‑term Assistive technology AT CHSP All circumstances Immediate\n- 3 Short‑term Home modifications HM CHSP All circumstances Immediate\n\n\nIndividuals who had accessed services under the National Aboriginal and Torres Strait Islander Flexible Aged Care Program\n\n (7) For the class of individuals to whom paragraph 2(2)(f) of Schedule 2 to the CTP Act applies:\n\n (a) the classification level taken to be established for each of the individuals in the class under subsection 78(1) of the new Act at the transition time for the classification type specified in column 1 of an item of the following table for the service group specified in column 2 of the table item that those individuals are taken to be approved for under subitem 2(1) of that Schedule is the classification level specified in column 3 of the table item; and\n\n (b) if the circumstances specified in column 4 of the table item apply in relation to the individuals in the class and the classification type for the service group—the priority category that each of those individuals is taken to have been assigned for the classification type for the service group under subsection 86(1) of the new Act at the transition time is the priority category specified in column 5 of the table item.\n\n \n\n- Classification levels and priority categories—National Aboriginal and Torres Strait Islander Flexible Aged Care Program\n- Item Column 1 Classification type Column 2 Service group Column 3 Classification level Column 4 Circumstances—priority category Column 5 Priority category\n- 1 Ongoing Home support HSO NATSIFACP The individual is not taken to have a priority category under item 1 of the table in subsection (2) Urgent\n- 2 Short‑term Home support HSST NATSIFACP Not applicable Not applicable\n- 3 Short‑term Assistive technology AT transitional All circumstances Immediate\n- 4 Short‑term Home modifications HM transitional All circumstances Immediate\n\n\n6  Service group residential care\n\n  For the purposes of subitem 4(2) of Schedule 2 to the CTP Act, for a class of individuals to whom subitem 3(2) of that Schedule applies specified in column 1 of an item of the following table:\n\n (a) the classification level taken to be established for each of the individuals in the class under subsection 78(1) of the new Act at the transition time for the classification type specified in column 2 of the table item for the service group residential care that those individuals are taken to be approved for under subitem 3(1) of that Schedule is the classification level specified in column 3 of the table item; and\n\n (b) in all circumstances, a place is taken to have been allocated under subsection 92(1) of the new Act at the transition time to each of those individuals for the classification type for the service group.\n\n \n\n- Classification levels—service group residential care\n- Item Column 1 Class of individuals Column 2 Classification type Column 3 Classification level\n- 1 Individuals to whom paragraph 3(2)(a) or (c) of Schedule 2 to the CTP Act applies Ongoing (a) for an individual for whom, as at immediately before the transition time, a classification for non‑respite care was not in effect—class 0; or(b) for an individual for whom, as at immediately before the transition time, a classification for non‑respite care was in effect—the class with the corresponding number\n- 2 Individuals to whom paragraph 3(2)(b) or (c) of Schedule 2 to the CTP Act applies Short‑term (a) for an individual for whom, as at immediately before the transition time, a classification for respite care was not in effect—respite class 0; or(b) for an individual for whom, as at immediately before the transition time, a classification for respite care was in effect—the respite class with the corresponding number\n- 3 Individuals to whom paragraph 3(2)(d) of Schedule 2 to the CTP Act applies Hospital transition RC HT class\n- 4 Individuals to whom paragraph 3(2)(e) of Schedule 2 to the CTP Act applies Ongoing (a) for an individual referred to in subparagraph 3(2)(e)(i) or (ii) of Schedule 2 to the CTP Act—RCO MPSP; or(b) for an individual referred to in subparagraph 3(2)(e)(iii) of Schedule 2 to the CTP Act—RCO NATSIFACP\n- 5 Individuals to whom paragraph 3(2)(e) of Schedule 2 to the CTP Act applies Short‑term (a) for an individual referred to in subparagraph 3(2)(e)(i) or (ii) of Schedule 2 to the CTP Act—RCST MPSP; or(b) for an individual referred to in subparagraph 3(2)(e)(iii) of Schedule 2 to the CTP Act—RCST NATSIFACP\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Determination remains tightly scoped to its original purpose: providing technical transitional mappings for the commencement of the Aged Care Act 2024. It does not expand beyond converting existing approvals and classifications to the new statutory framework."},"complexity_factors":["Dense cross-referencing to the Aged Care (Consequential and Transitional Provisions) Act 2024 (CTP Act) and the new Aged Care Act 2024, requiring readers to hold multiple statutes in mind simultaneously","Extensive use of defined terms imported from other instruments (new Act, old Act, CTP Act, CTP Rules) with conditional application depending on timing (before/after 'transition time')","Seven separate tables with multi-column mapping exercises, each containing nested conditional logic (e.g., 'if the individual was a prioritised home care recipient AND level X, then Y')","Dual-meaning provisions where expressions have different meanings depending on whether they relate to events under the old law or the new law (section 4(3)-(4))","Complex classification taxonomy with numerous acronyms (HCP, SAH, STRC, HS, AT, HM, HT, CHSP, NATSIFACP, MPSP, RCO, RCST) requiring specialised domain knowledge","Multiple overlapping classes of individuals (subsections 5(2)-(7) and section 6) each with distinct treatment rules, creating a matrix of potential applicant scenarios"],"plain_english_summary":"A technical transition rule that converts existing aged‑care approvals and classifications from the old system into the new Aged Care Act 2024 framework so people don’t lose their place, priority or funding when the law changed on 1 Nov 2025. It covers current home‑care recipients, short‑term and transition care, multi‑purpose services, CHSP and NATSIFACP clients, and those approved for residential care — ensuring continuity of care and avoiding reassessments or administrative gaps."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This instrument does not widen or narrow the classes of people who were approved or assessed under the old law. Instead it translates those existing approvals into the new Act’s framework by prescribing which classification level, priority category and—where specified—place allocation applies at the transition time. It therefore preserves coverage while changing administrative labels and default assignments that determine each person’s status under the new law (see s5–s6 and s4’s cross‑reference to Schedule 2 of the CTP Act)."},"complexity_factors":["Extensive cross‑referencing to the Aged Care (Consequential and Transitional Provisions) Act 2024 and to defined terms in the new and old Acts (see Authority and Definitions: instrument preamble, s3, s4(1)–(4)).","Multiple detailed mapping tables that translate a range of old‑law approvals and program statuses into new classification types, levels, priority categories and place allocations across several service groups (see s5 tables and s6 table).","Conditional rules that vary outcomes by circumstance (e.g. whether an episode had commenced, whether an individual was a prioritised recipient), producing branchy logic flows administrators must apply (see s5(2)(a)–(c), s5(3)(a)–(b), s5(4)–(7)).","Dependence on the transition time as the operative moment for many determinations, increasing sensitivity to timing and recordkeeping (see s4(4), s5 intro and multiple table items referencing 'immediately before the transition time').","Reliance on follow‑on instrument/rules for some specifics (CTP Rules referenced in Definitions and priority establishment; s4(1)–(2)).","Administrative implementation burden on providers and assessors to map historic approval details to new labels and to apply automatic place allocations where specified (see s5(2)(c), s5(3)(b), s6(b)).","Concentration of formal authority in the System Governor and statutory transitional mechanisms rather than individual discretion, but with detailed technical decisions left to regulation and operational application (instrument preamble and s3)."],"plain_english_summary":"This Determination sets out how people already approved for aged‑care services under the old law are carried across into the new Aged Care Act at the transition time. It maps existing approvals to specific new classification levels, priority categories and place allocations for home support, assistive technology, home modifications and residential care. It affects individuals approved or assessed under the old Act and administrators required to apply these mappings, because those mappings establish each person’s entitlement and administrative starting point under the new law."}},"importantCases":[],"_links":{"self":"/api/acts/aged-care-consequential-and-transitional-provisions-determination-2025","history":"/api/acts/aged-care-consequential-and-transitional-provisions-determination-2025/history","analysis":"/api/acts/aged-care-consequential-and-transitional-provisions-determination-2025/analysis","conflicts":"/api/acts/aged-care-consequential-and-transitional-provisions-determination-2025/conflicts","importantCases":"/api/acts/aged-care-consequential-and-transitional-provisions-determination-2025/important-cases","documents":"/api/acts/aged-care-consequential-and-transitional-provisions-determination-2025/documents"}}