Aged care reform in 2025: An agenda for the next Australian Government

Kathy Eagar

Professor Kathy Eagar is Professor of Health Services Research and Director of the Australian Health Services Research Institute (AHSRI) at the University of Wollongong 

As the first of the baby boomers turn 80 this year, the major parties are on a unity ticket sharing an ideological commitment to the private market and a commitment to make older people pay more for their aged care. Neither party has the details right.

Nearly four years on from the Aged Care Royal Commission, older people and their families are beginning to experience some improvements in the quality and safety of residential aged care. The Albanese government has substantially increased funding, a new funding model has largely stabilised the residential aged care sector and mandated staffing ratios and care minutes are leading to improved staffing and better quality care.

However, access to residential care has become much harder with public hospitals increasingly becoming default aged care providers caring for people waiting weeks to months for an aged care bed. This is having serious flow-on effects both for the older people left waiting for months as well as the medical and surgical patients who are not receiving the clinical care they need because of public hospital bed block.

A new Aged Care Act was introduced in 2024 and will take effect from 1 July 2025. The rights of older people are a central and welcome feature of the new Act.

But the Act is quite high level with the operational detail left to a set of subservient “Aged Care Rules”. Consultation drafts of the Rules have been progressively released as they are being written with comments closing on 13 May 2025. This is a bureaucratic process with no public accountability or oversight by the parliament.

Two months out from the Act taking effect, there are more than 700 pages of draft Rules, making it almost impossible for anyone to absorb them or provide a considered response. The final Rules are likely to be released only days before they take effect. Inevitably, things will go wrong.

While aged care residents will welcome the legislative commitment to their rights, two residential care changes will be less welcome. The first is a substantial increase in the fees and charges that residents will pay. Both major parties share a perception that the baby boomers are cashed up with the financial capacity to pay considerably more.

Indeed, the December 2024 mid year estimates budgeted for a massive $18.8 billion saving in aged care over the forward estimates to be achieved by substantially increasing how much older people pay for their care. This budget saving was supported by the opposition.

However, while many younger boomers may be cashed up, most older boomers are not and both major parties have ruled out touching the family home, which is the only asset for the majority of older people. The average age of entry to residential care is 85 years and only 13% of people 85 and older have more than $100,000 in superannuation. Further, two thirds of people entering aged care are women, who have significantly less superannuation than men. Charging aged care recipients $18.8 billion more in user charges may prove to be unachievable.

While there are protections for full and part pensioners, a typical self-funded retiree moving to residential care and paying a daily accommodation fee can expect to pay more than $120,000 per year in accommodation and care charges from 1 July 2025. There is a lifetime cap of $130,000 on non-clinical user contributions but no lifetime cap on accommodation charges.

The second significant change in residential care is the abolition of existing planning standards and bed licenses for residential care. The availability and location of residential care will now be left to the market with aged care providers effectively free to open and close homes wherever they chose.

The market, not the needs of older people, will determine what residential care will be available. Inevitably this will skew investment into wealthier areas at the expense of people living in lower socioeconomic areas.

However, there is now much more money to be made from investments in the retirement living sector than in residential care and the current aged care bed shortage will only increase as time goes on. This will inevitably result in longer waits and more public hospital bed block. Neither party has a plan for this.

In introducing the new Act, the government argued that less aged care beds will be required in future because more people want to receive their care at home. This makes no sense. It assumes that residential aged care is a lifestyle choice that is now going out of fashion. Older people do not go to residential care as a lifestyle choice. Older people move to residential care when they can no longer live safely at home.

This raises the obvious question about proposed changes to home aged care. There are currently 2.2 million people over 75 in Australia and 1.3 million (60%) currently receive aged care. Only 15% of people receiving aged care are in residential care, the other 85% receive care at home and in the community.

By far the majority of older Australians receiving care at home do not receive an “aged care package”. Instead, they receive services funded through the Commonwealth Home Support Program (CHSP). Each CHSP service receives an annual Commonwealth government grant and these services support 64% of all aged care recipients.

Services such as Meals on Wheels, community transport, neighbourhood day programs and community nursing are provided by not-for-profit community organisations as well as state and local governments and are all funded through CHSP. CHSP recipients are typically lower need and in most cases access services directly rather than through the Commonwealth “my aged care” gateway that channels people to the rest of the aged care system.

But both major parties have been on a unity ticket in running down CHSP in favour of a private for-profit market model known as community aged care “packages” and a growing percentage (currently 21%) of aged care recipients are now receiving a package. This is where the government allocates an older person a budget “package” to pay for their care. This allocation is in effect a cashless credit card earmarked for each individual person. There are currently 275,000 people receiving an aged care package and 85,000 people on the waiting list.

The current package system will be replaced from 1 July 2025 with a new package program called Support at Home. Support at Home differs from existing packages in having more funding levels, less flexibility and significantly higher user charges.

Hundreds of pages of the new Aged Care Rules are devoted to minutiae red tape and regulation about the Support at Home program. The design of the new program significantly increases the transaction and compliance costs for both government and providers, making Support at Home substantially more expensive and less efficient than CHSP. Inevitably these increased costs flow into higher charges for older people and their families as well as increase costs for the Commonwealth.

The 275,000 older people currently receiving a package will be protected from increases in user charges based on a government commitment to current package recipients being “no worse off”. While this is good politics, it further reduces the likelihood that the budgeted government savings will be realised.

This is not the case for those not already on a package. Anyone needing a package will be hit with a sizeable increase in fees and charges.

As just one example, anyone requiring personal care such as assistance with showering and dressing will be charged a co-payment. At an average hourly rate of about $100, full pensioners will pay $5 an hour, part-pensioners $5 to $50 an hour depending on income and self-funded retirees will pay $50 an hour. Fees for domestic assistance will be even higher indicatively ranging up to $76 an hour for self-funded retirees.

The original intention has been that the CHSP would be closed down with the 835,00 people receiving CHSP not for profit and government services being transferred to Support at Home in July 2025 as well. However, Minister Mark Butler announced in 2024 that CHSP would not transition to Support at Home until “at least 2027”.

Setting aside the issue of who pays for what, a key goal of home aged care is to reduce demand for residential aged care. This is where Support at Home is destined to fail. While the inclusion of access to nursing and allied health is welcome and evidence-based, the design of Support at Home ignores the international evidence about how to support older people to live in their own home for as long as possible. That evidence includes rapid response times without long waiting times, nimble and flexible services that can flex up and down in response to changing needs and adequate physical, social and emotional support for family carers. None of these essential features are incorporated into the design of Support at Home.

On the eve of the 2025 federal election, both major parties are on a unity ticket to deliver an aged care system that Australia can afford and that will meet the needs of the tsunami of baby boomers now moving into their 80s. However, both major parties have many details wrong.

The reforms since the Royal Commission have mostly been sensible. But the devil from here is in the detail. The design of the new Support at Home program and intentions to abolish the Commonwealth Home Support Program are not what the Royal Commission recommended and they will not meet the needs or the aspirations of older people. No sensible government would abolish an efficient program with one that costs substantially more, especially in the face of increased demand as the baby boomers reach old age. Yet that is what both major parties are mooting.

Meeting the needs of ageing baby boomers in ways that will not exacerbate intergenerational inequity must be a top priority for the next government. An investment in keeping older people healthy, along with a commitment to maintain and build on the strengths of CHSP, will be an essential first step.

While some older people are happy and capable of managing an aged care package in which their care is treated as a set of financial transactions, the majority of older people living at home want relationship-based care and support from people and organisations they know and trust. Going forward, a sustainable and affordable community aged care system must build on the expertise, culture and reputation of the not-for-profit sector in partnership with state and local governments.

As we move into the next phase of reform, people needing care at home must be given the option of receiving services from grant-funded not for profit providers or a cashless credit card to pay for their services in the private market, whichever they prefer. At the same time, there needs to a capital investment program to ensure that residential aged care is available to all those who cannot live safely at home.

While aged care has not featured in the 2025 federal election campaign, aged care is a sleeper issue for the next government. Older people, their children and their grandchildren represent a powerful political force in Australia. Bold reforms will be required during the next term of government to ensure that Australia’s aged care system is accessible to all who need it, affordable, safe and respectful. An Australian government that ignores aged care for too long does so at its peril.

Kathy Eagar

Tune in to this series of podcasts – Planning for the Unexpected

Join me and my co-host Amanda Armstrong as we take you through this series of six podcasts which can help you to be better prepared for those unexpected life events.

Podcasts can be found on YouTube.

This series is presented on behalf of the Older Women’s Network.

Death is of course, inevitable, but often it is unexpected. Most of us would rather not think too much about it. But planning for the unexpected can be liberating. It allows you to enjoy life because you have removed a future burden for yourself and your loved ones.

This new series from OWN presented by family lawyer Alice Mantel will take you through what you need to organise before you die, from writing a will, family conversations and decluttering. It can be a baffling area, and easy to put in the too hard basket for now. This practical and reassuring series will break down the steps and give you tips to approach planning for the unexpected in a positive and proactive way.

Preparing for the unexpected – Wills, Power of Attorney, Enduring Guardianships and more – Episode 1.

https://www.youtube.com/watch?v=GLEIZfZyEN0&t=5s&pp=ygUacGxhbm5pbmcgZm9yIHRoZSB1bmV4cGVjdGU%3Dhttps://www.youtube.com/watch?

The gentle art of decluttering – Episode  2

https://www.youtube.com/watch?v=C9TkNtu2WMA&pp=ygUacGxhbm5pbmcgZm9yIHRoZSB1bmV4cGVjdGU%3D

How is your financial health – Episode 3

Suddenly single – Episode 4

https://youtu.be/trNaxaNIjJA

Caring for elderly parents – Episode 5

Planning for the Unexpected: Finding Your Forever Home (or Downsizing made easy) – Episode  6

Separated? Why you need to review your Will

Scanlan Carroll Lawyers, Carol Pagès

If you have recently separated, your focus will likely be on what to do about the property you have with your ex partner, and arrangements for your children.
So why do you need to think about your Will?

If you have a Will, it may be that each of you and your ex partner have left everything to each other, and then to your children.

If you are separated, it is important to take the time to review all of your estate planning documents – this includes your Will, your Powers of Attorney, and your Binding Death Benefit Nomination of your superannuation fund.

Each of these documents is explained below:
Your Will – your Will sets out how you would like your assets distributed when you die and who is responsible for carrying out your wishes. You can also include clauses such as your nominated guardian for children under 18, and specific gifts that you would like to make. In your Will you specify who will be your executor. Your executor stands in your shoes when you die, and they will carry out your wishes by calling in your assets and distributing same to your chosen beneficiaries.

Enduring Power of Attorney
– While you are alive, your attorney is able to stand in your shoes and carry out financial transactions on your behalf using the power – this can be buying or selling property on your behalf if you are away on holidays, transacting on your bank account paying your bills for you, and so on. Your nominated attorney can also make personal care decisions for you – such as choosing a care facility if you are unable to look after yourself, or limiting or restricting a person from visiting you if they consider this is not in your interests.
A separate medical decision maker (which can be the same person) will be able to make medical decisions on your behalf, such as consenting to surgery if you are unable to. As the powers are enduring, they continue even if you later suffer an illness or injury which means you are unable to make decisions for yourself.

Binding Death Benefit Nomination (BDBN)
– many people have significant balances in superannuation and also life insurance policies attached to their funds. As part of your estate planning process, we provide you with advice about your BDBN as superannuation is generally considered to be ‘outside’ of your estate and what is covered by your Will. It is important that this valuable asset is passed on to your loved ones in the way that you intended.

Why is this important?
Separation does not trigger the end of your existing Will, Powers of Attorney or BDBN. Many people are surprised to learn that divorce does not invalidate your Will. Divorce revokes a gift to your former spouse or appointment as your executor, and remarriage can invalidate your Will save for references made to your current spouse.

What if I don’t have a Will?
If you don’t have a Will, your assets will be passed on to your relatives according to the rules of intestacy. The rules in Victoria are that if you die, your estate goes to:
Your spouse or domestic partner if you have no children;
Your spouse or domestic partner, if you have children with that partner;
If you have children to a previous relationship, your spouse will receive a statutory legacy (currently $480,700), your personal possessions, and 50% of the balance of your estate. Your children will equally share the remaining 50% of your estate.

Case study – who inherits?
Alex separated from Danielle three years ago. They were married however had no children. They were able to resolve their family law property division fairly amicably, and finalized their family law case with Consent Orders dividing their property.
Alex and Danielle prepared their Wills when they were first married 10 years ago, each leaving their estate to the other.
Alex has re-partnered with Mary, and they have been together for 20 months.
Alex and Danielle haven’t yet filed for divorce as they have not gotten around to it yet. Alex has the forms on the kitchen table to sign.
Alex tragically dies before signing his divorce form.
Who do Alex’s assets go to………..?
Depending on a number of factors – it’s Danielle – his former wife.
The gifts to Danielle in Alex’s Will are not revoked as they are not divorced.
If Alex owned property such as a house with Mary, and the house was in joint names – the house would be outside of Alex’s estate and pass straight to Mary.
What if Alex didn’t have a Will?
Based on the length of the relationship with Mary (along with several other factors which would need to be taken into account under the Family Law Act 1975 (Cth)), Mary is not likely to be considered a spouse.
Danielle is still Alex’s legal spouse, as they are not divorced, so Danielle receives Alex’s estate.

Summary
Mary may have grounds to make a claim in either scenario, but this can be a long and expensive legal process which no one wants to go through after the loss of a loved one.
The above example shows that how an asset passes on after death can depend on a number of factors. To ensure that your wishes are as you intended, it is important to obtain advice in relation to your family law and estate planning matters.
This is important at separation, and the time following separation – for example, when you re-partner, it is worth considering the impact of your new relationship and property ownership upon your children, and your new partner.

LEAN IN AND LISTEN!

Welcome to the Baby Boomers Guide to Life in the 21st Century!

Produced by Jeffrey Furolo and hosted by Lex Marinos and Patricia ‘Little Pattie’ Amphlett, the Baby Boomers Guide is a radio series that can be heard on community radio station, Radio Skid Row.

The team has completed two seasons of radio programs, and most recently, a 34 session season of topics aimed at listeners over 55 years. Topics covered include: Health Services & Ageing in Australia; Sexuality, Relationships & Ageing; and The Brain & Ageing.

Based on my legal experience, I chatted with Patricia in the Two Cents Worth segment on three important topics:

Wills and inheritances: https://babyboomersguide.com.au/episode/s2-e1-ageism-discrimination-stigma/
Divorce & separation in later life: https://babyboomersguide.com.au/episode/s2-e5-intergenerationality-ageing/
Powers of an attorney: https://babyboomersguide.com.au/episode/technology-ageing-in-australia/

The series began with an interview with Australia’s first Age Discrimination Commissioner, the late Susan Ryan. Other notable speakers include former NSW Legislative Council MP Meredith Burgmann; and Deputy Commissioner of the ACCC, Delia Rickard.

Podcasts of the programs are available on the Baby Boomers Guide to the 21st Century website at https://babyboomersguide.com.au/episode/technology-ageing-in-australia/.

Season 2 is proudly supported by Older Women’s Network NSW and Ecstra Foundation.