Older Aboriginal and Torres Strait Islander Australians will have an enduring, independent voice at the heart of the aged care system, with the Albanese Labor Government introducing legislation to establish Australia's first permanent Aboriginal and Torres Strait Islander Aged Care Commissioner, alongside other changes to make the aged care system work for every older Australian.
The Commissioner will be a strong, independent advocate for older First Nations people, working to make aged care culturally safe, trauma-aware and responsive to their needs and preferences.
This delivers on a key recommendation of the Royal Commission into Aged Care Quality and Safety, and on the rights of all older Australians receiving aged care services prescribed in the new Aged Care Act.
Older Aboriginal and Torres Strait Islander people are more likely to need aged care, and more likely to need it earlier in life. Yet they use it at lower rates than other Australians. Closing that gap will be a key focus of the Commissioner.
The Commissioner position is an independent statutory role within the Aged Care Quality and Safety Commission. That placement is deliberate; connecting an independent First Nations voice directly to the levers that regulate, upskill and build capacity within the sector, so advocacy turns into action on the ground.
The role has been shaped and co-designed by older Aboriginal and Torres Strait Islander people themselves, and those who care for them. The Interim First Nations Aged Care Commissioner, Andrea Kelly, held 135 in-person engagements and met more than 1,000 people, their families, communities and providers, to inform how the role should work. She has set the standard for what this role can achieve.
Jodi Cassar PSM continues in the interim role while the permanent Commissioner is established, keeping the work moving without a gap.
The legislation does more than establish the Commissioner - it also strengthens protections for older Australians across aged care.
Under the new arrangements, the obligations on providers to refund contributions and fees that have been overcharged or overpaid will be made clearer and simpler, and the regulator will have stronger powers to determine when a price is unreasonable and set a fair one.
The Bill makes permanent a set of measures that have kept the aged care system running smoothly since it commenced on 1 November 2025, giving older people and providers continuity and certainty.
It also makes a practical fix so elected local councillors are no longer captured as "responsible persons," bringing this requirement in line with those of state and territory governments. It supports local councils to keep delivering aged care in the communities that rely on them, while ensuring non-elected local government officials in aged care services remain within scope of the definition.
The Bill includes a further set of technical amendments to keep the Act operating as intended as the sector continues its transition.
The Bill also confirms how refundable accommodation deposits are treated in the aged care means test when a person enters residential care, so everyone's circumstances are assessed on the same consistent basis.
Quotes attributable to Minister for Aged Care and Seniors Sam Rae:
"This is a landmark moment. For the first time, older Aboriginal and Torres Strait Islander people will have a permanent, independent advocate inside the aged care system. That's how it should be.
"Older Aboriginal and Torres Strait Islander people are more likely to need aged care, and more likely to need it earlier. We're establishing a permanent Commissioner to help close that gap, and we're listening to community to inform how we do it.
"This Bill also strengthens protections for older people right across aged care, and keeps the reforms we promised running the way they should after listening to the experiences of older people right across Australia."
