Aged Care Act 1997

The Aged Care Act 1997 is an act of the Parliament of Australia. It regulates aged care in Australia, in particular services paid for by the government.

It has been described as a turning point for aged care policy in Australia. It led to an increase in private investment. Private equity firms, new foreign investors, and superannuation and property real estate investment trusts all entered the Australian residential aged care market. The staffing requirements contained in the Act have been condemned as disgracefully inadequate, and there is said to be “a complete absence of any positive and mandatory legal obligation on the part of facilities to take proactive measures to promote mental health and wellbeing of their residents”.[1]

On 2 March 2018 the Federal Court of Australia decided that Regis Healthcare's Asset Replacement Charge was not consistent with the Act.[2] These charges were intended to “fund reinstatements of fixtures, fittings and infrastructure, rebuilding and construction of, or at, Regis’s residential care facilities.”[3]

References
  1. Russell, Sarah (20 April 2018). "The aged care crisis can be traced back to Howard's Aged Care Act. We need a new act". Guardian. Retrieved 2 November 2018.
  2. "Regis Healthcare Ltd share price falls on court decision". The Motley Fool. 8 March 2018. Retrieved 2 November 2018.
  3. "What Approved Providers can and cannot charge under the Aged Care Act – Regis Aged Care Pty Limited v Secretary, Department of Health [2018]". Holman Webb. 19 April 2018. Retrieved 2 November 2018.
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