Aged Care (Consequential and Transitional Provisions) Determination 2025
I, Blair Comley PSM, System Governor, make the following determination.
Dated 29 October 2025
Blair Comley PSM
System Governor
Contents
1 Name
2 Commencement
3 Authority
4 Definitions
5 Service groups home support, assistive technology and home modifications
6 Service group residential care
1 Name
This instrument is the Aged Care (Consequential and Transitional Provisions) Determination 2025.
2 Commencement
(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.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
The whole of this instrument At the same time as the Aged Care Act 2024 commences. 1 November 2025
Note: This table relates only to the provisions of this instrument as originally made.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.
(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.
3 Authority
This instrument is made under item 4 of Schedule 2 to the Aged Care (Consequential and Transitional Provisions) Act 2024.
4 Definitions
(1) In this instrument:
CTP Act means the Aged Care (Consequential and Transitional Provisions) Act 2024.
CTP Rules means the Aged Care (Consequential and Transitional Provisions) Rules 2025.
(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.
Note: The following expressions used in this instrument are defined in subitem 1(1) of Schedule 2 to the CTP Act:
Section 1 - Aged Care (Consequential and Transitional Provisions) Determination 2025 - Aged Care (Consequential and Transitional Provisions) Determination 2025 | Zoe
(a) new Act;
(b) new law;
(c) old Act;
(d) old law;
(e) transition time.
(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).
(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:
(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
(b) the provision has the effect that a provision of the old law continues to apply despite the repeal of the old law.
5 Service groups home support, assistive technology and home modifications
(1) This section is made for the purposes of subitem 4(1) of Schedule 2 to the CTP Act.
Individuals approved under section 22‑1 of the old Act as recipients of home care
(2) For the class of individuals to whom paragraph 2(2)(a) of Schedule 2 to the CTP Act applies:
(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
(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
(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.
Classification levels, priority categories and place allocations—home care
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
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
2 Short‑term Assistive technology AT transitional Not applicable Not applicable All circumstances
3 Short‑term Home modifications HM transitional Not applicable Not applicable All circumstances
Individuals approved under section 22‑1 of the old Act as recipients of flexible care in the form of short‑term restorative care
(3) For the class of individuals to whom paragraph 2(2)(b) of Schedule 2 to the CTP Act applies:
(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
(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.
Classification levels—flexible care in the form of short‑term restorative care
Item Column 1 Classification type Column 2 Service group Column 3 Classification level
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
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
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
Individuals approved under section 22‑1 of the old Act as recipients of flexible care in the form of transition care
(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.
Classification levels—flexible care in the form of transition care
Item Column 1 Classification type Column 2 Service group Column 3 Classification level
1 Hospital transition Home support HS HT class
2 Hospital transition Assistive technology AT HT class
Individuals accessing, or to access, flexible care provided in a community setting through a multi‑purpose service
(5) For the class of individuals to whom paragraph 2(2)(d) of Schedule 2 to the CTP Act applies:
(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
(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.
Classification levels and priority categories—flexible care provided in a community setting through a multi‑purpose service
Item Column 1 Classification type Column 2 Service group Column 3 Classification level Column 4 Circumstances—priority category Column 5 Priority category
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
2 Short‑term Home support HSST MPSP Not applicable Not applicable
3 Short‑term Assistive technology AT transitional All circumstances Immediate
4 Short‑term Home modifications HM transitional All circumstances Immediate
Individuals assessed as eligible for Commonwealth Home Support Programme services
(6) For the class of individuals to whom paragraph 2(2)(e) of Schedule 2 to the CTP Act applies:
(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
(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.
Classification levels and priority categories—Commonwealth Home Support Programme services
Item Column 1 Classification type Column 2 Service group Column 3 Classification level Column 4 Circumstances—priority category Column 5 Priority category
1 Ongoing Home support CHSP transitional Not applicable Not applicable
2 Short‑term Assistive technology AT CHSP All circumstances Immediate
3 Short‑term Home modifications HM CHSP All circumstances Immediate
Individuals who had accessed services under the National Aboriginal and Torres Strait Islander Flexible Aged Care Program
(7) For the class of individuals to whom paragraph 2(2)(f) of Schedule 2 to the CTP Act applies:
(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
(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.
Classification levels and priority categories—National Aboriginal and Torres Strait Islander Flexible Aged Care Program
Item Column 1 Classification type Column 2 Service group Column 3 Classification level Column 4 Circumstances—priority category Column 5 Priority category
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
2 Short‑term Home support HSST NATSIFACP Not applicable Not applicable
3 Short‑term Assistive technology AT transitional All circumstances Immediate
4 Short‑term Home modifications HM transitional All circumstances Immediate
6 Service group residential care
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:
(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
(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.
Classification levels—service group residential care
Item Column 1 Class of individuals Column 2 Classification type Column 3 Classification level
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
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
3 Individuals to whom paragraph 3(2)(d) of Schedule 2 to the CTP Act applies Hospital transition RC HT class
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
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