Part 1
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Commonwealth legislation
This transitional rulebook smooths the switch from the Aged Care Act 1997 to the Aged Care Act 2024 (effective 1 Nov 2025) by preserving existing care approvals, converting old approvals into new ones, maintaining service agreements and financial arrangements, and rolling providers into the new registration regime.
It affects older Australians receiving subsidised care, aged‑care providers, and the System Governor — and prevents disruption to care, payments, and legal certainty during the reform.
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Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Aged Care (Consequential and Transitional Provisions) Rules 2025.
This instrument is the Aged Care (Consequential and Transitional Provisions) Rules 2025.
(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.
<table cellspacing="0" cellpadding="0" style="margin-left:5.35pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:407.5pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement information</span></p></td></tr><tr><td style="width:95.65pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:209pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td><td style="width:81.45pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p></td></tr><tr><td style="width:95.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Provisions</span></p></td><td style="width:209pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement</span></p></td><td style="width:81.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:95.65pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1.</span><span> </span><span>The whole of this instrument</span></p></td><td style="width:209pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>At the same time as the </span><span style="font-style:italic">Aged Care Act 2024</span><span> commences.</span></p></td><td style="width:81.45pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>November 2025</span></p></td></tr></tbody></table>
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.
This instrument is made under the following: (a) item 65 of Schedule 2 to the Aged Care (Consequential and Transitional Provisions) Act 2024; (b) the Aged Care Act 2024; (c) the Aged Care Act 1997; (d) the Aged Care (Transitional Provisions) Act 1997; (e) the Aged Care Quality and Safety Commission Act 2018.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
(1) In this instrument:
Accountability Principles means the Accountability Principles 2014.
Approval of Care Recipients Principles means the Approval of Care Recipients Principles 2014.
Classification Principles means the Classification Principles 2014.
CTP Act means the Aged Care (Consequential and Transitional Provisions) Act 2024.
CTP Determination means the Aged Care (Consequential and Transitional Provisions) Determination 2025.
Fees and Payments Principles means the Fees and Payments Principles 2014 (No. 2).
new rules means the Aged Care Rules 2025.
Quality of Care Principles means the Quality of Care Principles 2014.
SFP Determination means the Aged Care (Subsidy, Fees and Payments) Determination 2014.
User Rights Principles means the User Rights Principles 2014.
(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:
(a) Commission Act;
(b) Commission Rules;
(c) new Act;
(e) new law;
(f) old Act;
(g) old law;
(h) old Principles;
(i) old Transitional Provisions Act;
(j) old Transitional Provisions Principles;
(k) Subsidy Principles;
(l) 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.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Aged Care (Consequential and Transitional Provisions) Rules 2025.
(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.
<table cellspacing="0" cellpadding="0" style="margin-left:5.35pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:407.5pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement information</span></p></td></tr><tr><td style="width:95.65pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:209pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td><td style="width:81.45pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p></td></tr><tr><td style="width:95.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Provisions</span></p></td><td style="width:209pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement</span></p></td><td style="width:81.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:95.65pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1.</span><span> </span><span>The whole of this instrument</span></p></td><td style="width:209pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>At the same time as the </span><span style="font-style:italic">Aged Care Act 2024</span><span> commences.</span></p></td><td style="width:81.45pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>November 2025</span></p></td></tr></tbody></table>
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.
This instrument is made under the following: (a) item 65 of Schedule 2 to the Aged Care (Consequential and Transitional Provisions) Act 2024; (b) the Aged Care Act 2024; (c) the Aged Care Act 1997; (d) the Aged Care (Transitional Provisions) Act 1997; (e) the Aged Care Quality and Safety Commission Act 2018.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
(1) In this instrument:
Accountability Principles means the Accountability Principles 2014.
Approval of Care Recipients Principles means the Approval of Care Recipients Principles 2014.
Classification Principles means the Classification Principles 2014.
CTP Act means the Aged Care (Consequential and Transitional Provisions) Act 2024.
CTP Determination means the Aged Care (Consequential and Transitional Provisions) Determination 2025.
Fees and Payments Principles means the Fees and Payments Principles 2014 (No. 2).
new rules means the Aged Care Rules 2025.
Quality of Care Principles means the Quality of Care Principles 2014.
SFP Determination means the Aged Care (Subsidy, Fees and Payments) Determination 2014.
User Rights Principles means the User Rights Principles 2014.
(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:
(a) Commission Act;
(b) Commission Rules;
(c) new Act;
(e) new law;
(f) old Act;
(g) old law;
(h) old Principles;
(i) old Transitional Provisions Act;
(j) old Transitional Provisions Principles;
(k) Subsidy Principles;
(l) 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.
This instrument is the Aged Care (Consequential and Transitional Provisions) Rules 2025.
(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.
<table cellspacing="0" cellpadding="0" style="margin-left:5.35pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:407.5pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement information</span></p></td></tr><tr><td style="width:95.65pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:209pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td><td style="width:81.45pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p></td></tr><tr><td style="width:95.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Provisions</span></p></td><td style="width:209pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement</span></p></td><td style="width:81.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:95.65pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1.</span><span> </span><span>The whole of this instrument</span></p></td><td style="width:209pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>At the same time as the </span><span style="font-style:italic">Aged Care Act 2024</span><span> commences.</span></p></td><td style="width:81.45pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>November 2025</span></p></td></tr></tbody></table>
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.
This instrument is made under the following: (a) item 65 of Schedule 2 to the Aged Care (Consequential and Transitional Provisions) Act 2024; (b) the Aged Care Act 2024; (c) the Aged Care Act 1997; (d) the Aged Care (Transitional Provisions) Act 1997; (e) the Aged Care Quality and Safety Commission Act 2018.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
(1) In this instrument:
Accountability Principles means the Accountability Principles 2014.
Approval of Care Recipients Principles means the Approval of Care Recipients Principles 2014.
Classification Principles means the Classification Principles 2014.
CTP Act means the Aged Care (Consequential and Transitional Provisions) Act 2024.
CTP Determination means the Aged Care (Consequential and Transitional Provisions) Determination 2025.
Fees and Payments Principles means the Fees and Payments Principles 2014 (No. 2).
new rules means the Aged Care Rules 2025.
Quality of Care Principles means the Quality of Care Principles 2014.
SFP Determination means the Aged Care (Subsidy, Fees and Payments) Determination 2014.
User Rights Principles means the User Rights Principles 2014.
(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:
(a) Commission Act;
(b) Commission Rules;
(c) new Act;
(e) new law;
(f) old Act;
(g) old law;
(h) old Principles;
(i) old Transitional Provisions Act;
(j) old Transitional Provisions Principles;
(k) Subsidy Principles;
(l) 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.
(1) This section applies to an individual if: (a) before the transition time, the individual had entered a home care service; and (b) immediately before the transition time, the individual had not ceased to be provided with home care through the home care service; and (c) at the transition time, the individual is, because of paragraph 2(1)(c) of Schedule 2 to the CTP Act, taken to be approved under paragraph 65(2)(a) of the new Act for the following: (i) the classification type ongoing for the service group home support; (ii) the classification type short‑term for the service group assistive technology; (iii) the classification type short‑term for the service group home modifications. (2) For the purposes of the new Act, the entry day for the individual for the classification types for the service groups is taken to be the day of the transition time.
Deemed registration (1) The System Governor is taken to have decided, at the transition time, to register a person to be a supporter of an individual under subsection 37(1) of the new Act if, immediately before the transition time, the person was a representative for the individual in the service known as My Aged Care. Notification of deemed registration not required (2) Section 39 of the new Act does not apply to a deemed registration of a person as a supporter of an individual under subsection (1). Period of effect of deemed registration (3) A deemed registration of a person as a supporter of an individual under subsection (1) takes effect at the transition time. (4) Subject to subsection 49(4) of the new Act (which provides that registrations have no effect while suspended), a deemed registration of a person as a supporter of an individual under subsection (1) remains in effect until the earliest of the following: (a) the registration is cancelled under Division 5 of Part 4 of Chapter 1 of the new Act; (b) the individual dies; (c) the supporter dies; (d) the end date (if any) recorded, immediately before the transition time, in the service known as My Aged Care as the date on which the person ceases to be a representative of the individual.
A person is taken, at the transition time, to have made a request to be registered as a supporter of an individual under subsection 37(1) of the new Act if, immediately before the transition time, the person had had a pending relationship with the individual in the service known as My Aged Care for a period of not more than 30 days.
(1) This section applies to an individual if immediately before the transition time: (a) the care needs of the individual were being assessed under subsection 22‑4(1) of the old Act; and (b) a decision had not been made under subsection 22‑1(2) of the old Act to approve the individual, or to reject an application to approve the individual, as a recipient of one or more types of aged care; and (c) a decision had not been made about the individual’s eligibility for Commonwealth Home Support Programme services. (2) At the transition time: (a) the individual is taken to have applied to the System Governor for access to funded aged care services under subsection 56(1) of the new Act; and (b) the System Governor is taken to have decided to make an eligibility determination for an aged care needs assessment for the individual under subsection 57(1) of the new Act, regardless of whether section 58 of the new Act applies in relation to the individual; and (c) the System Governor is taken to have arra
This is an opening excerpt, not the complete document.