{"id":"F2025L01345","name":"Aged Care (Consequential and Transitional Provisions) (Registration of Entities) Determination 2025","slug":"aged-care-consequential-and-transitional-provisions-registration-of-entities-determination-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107388,"registerId":"commonwealth-F2025L01345-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Aged Care (Consequential and Transitional Provisions) (Registration of Entities) Determination 2025.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 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```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

At the same time as the Aged Care Act 2024 commences.

1 November 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made.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.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under item 5 of Schedule 2 to the Aged Care (Consequential and Transitional Provisions) Act 2024.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n (1) In this instrument:\n\n> CTP Act means the Aged Care (Consequential and Transitional Provisions) Act 2024.\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\n> Note: 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 (b) new law;\n (c) old Act;\n (d) old law;\n (e) transitional rules;\n (f) transition time.\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 (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 (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 (b) the provision has the effect that a provision of the old law continues to apply despite the repeal of the old law.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Providers deemed to be inactive","content":"#### 5 Providers deemed to be inactive\n\n (1) For the purposes of subitem 5(2) of Schedule 2 to the CTP Act, an entity of a kind to which this section applies is an inactive provider if the entity had not claimed subsidy (within the meaning of the old Act) at any time during the period of 12 months ending immediately before the commencement of the new Act.\n (2) This section applies to every kind of entity, other than the following:\n (a) each provider of a kind who had been approved as an approved provider (within the meaning of the old Act) during the 12 months before the transition time;\n (b) each provider of a kind who had, during the 12 months before the transition time, been approved to provide a new type of aged care (within the meaning of the old Act);\n (c) each provider of a kind who, immediately before the transition time and to the System Governor’s satisfaction, had taken reasonable steps to begin offering a residential care service;\n (d) each provider of a kind in relation to whom a provisional allocation (within the meaning of subsection 15-1(2) of the old Act) was in force immediately before the transition time.\n\n6 Provider registration categories\n\n Scope\n (1) This section is made for the purposes of subitem 5(6) of Schedule 2 to the CTP Act.\n Residential care\n (2) An entity who, immediately before the transition time, was approved to provide residential care is taken to be registered in the provider registration category residential care at the transition time.\n Home care\n (3) An entity who, immediately before the transition time, was approved to provide home care is taken to be registered in each of the following provider registration categories at the transition time:\n (a) home and community services;\n (b) assistive technology and home modifications;\n (c) advisory and support services;\n (d) personal and care support in the home or community;\n (e) nursing and transition care.\n (4) Despite subsection (3), an entity to whom that subsection applies is not taken to be registered in the provider registration category nursing and transition care at the transition time if the entity notified the System Governor before the transition time that the entity did not provide nursing services before the transition time.\n Flexible care—short‑term restorative care\n (5) An entity who, immediately before the transition time, was approved to provide flexible care as short-term restorative care is taken to be registered in each of the following provider registration categories at the transition time:\n (a) home and community services;\n (b) assistive technology and home modifications;\n (c) advisory and support services;\n (d) personal and care support in the home or community;\n (e) nursing and transition care.\n Flexible care—MPSP\n (6) An entity who, immediately before the transition time, was approved to provide flexible care through a multi‑purpose service is taken to be registered in each of the following provider registration categories at the transition time:\n (a) home and community services;\n (b) assistive technology and home modifications;\n (c) advisory and support services;\n (d) personal and care support in the home or community;\n (e) nursing and transition care;\n (f) residential care.\n Flexible care—TCP\n (7) An entity who, immediately before the transition time, was approved to provide flexible care as transition care is taken to be registered in each of the following provider registration categories at the transition time:\n (a) home and community services;\n (b) assistive technology and home modifications;\n (c) advisory and support services;\n (d) personal and care support in the home or community;\n (e) nursing and transition care;\n (f) residential care.","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Deemed registration periods and approved residential care homes for deemed registered providers","content":"#### 7 Deemed registration periods and approved residential care homes for deemed registered providers\n\n For the purposes of subitems 5(3), (6), (7) and (11) of Schedule 2 to the CTP Act, for an entity specified in Column 1 of an item of the table in Schedule 1 to this instrument:\n (a) the period that is taken to be the entity’s registration period for the purposes of section 115 of the new Act is the period between the registration start day specified in Column 3 of the item and the registration end day specified in Column 4 of the item; and\n (b) the places that are taken to be, or be part of, an approved residential care homes in relation to the entity for the purposes of paragraph 105(1)(b) and section 112 of the new Act are each of the places (if any) specified in Column 5 of the item; and\n (c) the total number of beds for each approved residential care home is the number of beds (if any) specified in Column 5 of the item.\n\n> Note: Subitem 5(1) of Schedule 2 to the CTP Act relates to the deeming of entities as registered provider.","sortOrder":5}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the limited transitional function described in its title and enabling provision (item 5 of Schedule 2 to the CTP Act). It does not expand beyond the technical mechanics of deeming registrations and mapping old approvals to new categories."},"complexity_factors":["Heavy cross-referencing to the Aged Care (Consequential and Transitional Provisions) Act 2024 (CTP Act) and the new/old Aged Care Acts","Nested conditional logic in section 5 with four separate exceptions to the 'inactive provider' definition","Multiple overlapping registration categories in section 6 with subtle distinctions between flexible care types (short-term restorative care vs MPSP vs TCP)","Dependent on external Schedule 1 table for critical operational details (registration periods, bed numbers, locations) not contained in the visible text","Dual meaning rules — expressions can mean different things depending on whether they relate to pre-transition or post-transition events (section 4)","6 defined terms/expressions imported from other legislation via complex cascading definitions"],"plain_english_summary":"This rule creates a transition bridge from the old aged care system to the new one starting 1 Nov 2025: it identifies inactive providers who won’t automatically transfer, maps existing approvals into the new registration framework, and preserves residential homes’ approved bed numbers and locations via a schedule. \n\nIt affects current Aged Care Act providers and the new System Governor, preventing thousands of manual reapplications and ensuring continuity of services during the switch."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This instrument changes the practical scope of who is registered under the new law by (a) deeming entities inactive if they had not claimed subsidy in the 12 months before transition (s 5), and (b) converting a range of old‑law approvals into specified new provider registration categories and fixed registration periods and approved residential homes (ss 6–7). These deemings replace the need for new registration applications for affected providers and impose notification/evidence requirements to the System Governor (ss 5(2)(c), 6(4))."},"complexity_factors":["Multiple cross‑references to the CTP Act, the new Act and the old Act (see ss 3–4) requiring readers to consult several instruments to understand terms and effect.","Deeming mechanics that translate old approvals into new registration categories rather than fresh applications (s 6), creating dependency on past approval records.","Detailed exceptions to inactivity deeming (s 5(2)) which require factual inquiries about prior approvals, provisional allocations and reasonable steps to begin services (s 5(2)(a)–(d)).","Discretion and factual assessment vested in the System Governor (s 5(2)(c)), introducing administrative discretion and evidentiary burden on providers.","Conditional exclusion from a specific category based on a provider’s pre‑transition notification to the System Governor (s 6(4)), creating a compliance step with timing implications.","Reliance on Schedule 1 for entity‑specific deemed registration periods and approved homes (s 7), meaning the instrument’s practical effect depends on a separate schedule.","Commencement linked to the commencement of the Aged Care Act 2024 (cl 2) so transitional timings and application depend on external commencement dates."],"plain_english_summary":"This instrument sets transitional rules that take effect when the Aged Care Act 2024 commences (1 Nov 2025). It converts existing approvals under the old law into registration statuses under the new law, deems providers inactive if they hadn’t claimed subsidy in the prior 12 months, and fixes deemed registration periods and approved residential homes for listed entities (see ss 5–7). It affects existing aged‑care providers by determining who remains registered automatically and what notifications or proof (to the System Governor) may be required."}},"importantCases":[],"_links":{"self":"/api/acts/aged-care-consequential-and-transitional-provisions-registration-of-entities-determination-2025","history":"/api/acts/aged-care-consequential-and-transitional-provisions-registration-of-entities-determination-2025/history","analysis":"/api/acts/aged-care-consequential-and-transitional-provisions-registration-of-entities-determination-2025/analysis","conflicts":"/api/acts/aged-care-consequential-and-transitional-provisions-registration-of-entities-determination-2025/conflicts","importantCases":"/api/acts/aged-care-consequential-and-transitional-provisions-registration-of-entities-determination-2025/important-cases","documents":"/api/acts/aged-care-consequential-and-transitional-provisions-registration-of-entities-determination-2025/documents"}}