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Law Council of Australia


A new Aged Care Act: Exposure Draft - Consultation Paper No. 2

The Law Council made a submission on 13 March 2024 to the Department of Health and Aged Care in response to the Exposure Draft on the Aged Care Bill.   

The Law Council welcomes and supports the rights-based approach taken in designing the Exposure Draft Bill, recognising it as an important step to implement the recommendations made by the Royal Commission into Aged Care Quality and Safety, and an opportunity for Australia to domestically implement its international human rights treaty obligations with respect to older persons. 

In its submission, the Law Council suggests that there are five broad areas in which further work is needed to advance and strengthen the Exposure Draft Bill:  

Given the significance of the proposed changes to the Commonwealth aged care sector and the need for further work with States and Territories on existing supporter and representative frameworks, the Law Council recommends delaying the introduction and commencement of the new Aged Care Act until late 2024.

The Law Council is also grateful for the contributions received from its Constituent Bodies, National Elder Law and Succession Law Committee, National Human Rights Committee, and the Indigenous Legal Issues Committee.

Read the full submission below.


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