Protecting older Australians in residential aged care
Media event date: 10 September 2026 Date published: 10 September 2026 Media type: Media release General public The Albanese Government is continuing to strengthen protections for older Australians in residential aged care through changes that respond to feedback from residents, their families, carers, advocates and providers. Labor will amend the Aged Care Rules 2025 to protect aged care residents from being charged a Higher Everyday Living Fee (HELF) for services they were previously receiving at no extra cost.
Government guidance has made it clear that it is unreasonable for providers to charge a HELF for services an older Australian in residential aged care had previously received at no additional cost prior to 1 November 2025. After instances of some providers doing the wrong thing and taking advantage of older Australians and their families, we’re now moving to ensure this expectation is codified in law to ensure people can continue to receive the safe, dignified and high-quality aged care they deserve, wherever they live.
As part of our ongoing work to strengthen and monitor the system, we found that some providers were asking existing residents to pay for continued access to services previously provided at no extra cost. This was in stark contrast to the advice from Government and residents in some cases also faced uncertainty about whether services would continue if they did not agree to pay.
Under the changes announced today, residential aged care providers will not be able to charge residents a HELF for services they were receiving as part of their care arrangements before 1 November 2025. The legislative changes will provide certainty for residents, their families and carers, and providers by clarifying how the fee applies to people who were already living in residential aged care before 1 November 2025.
This announcement builds on the package of consumer protections Labor announced earlier this year, which included empowering the Aged Care Quality and Safety Commission to order refunds when providers are found to be out of line with their obligations under law. The Government will continue to update guidance in relation to HELF when necessary to ensure the standards meet community expectations as the aged care reforms mature.
Quotes attributable to the Minister for Aged Care and Seniors, Sam Rae MP: “We’ve always said it was unreasonable for providers to start charging older Australians for services they previously received at no cost. We’ve listened to older people and we are acting now to make the rules clear and strengthen protections for older Australians. “We've been very clear, the Higher Everyday Living Fee is for optional, additional services people choose to receive, not services that were already part of their everyday care. – it’s common sense that services a provider was already delivering, continue to be provided at no additional cost." The Hon Sam Rae MP Accessibility We acknowledge the Traditional Owners and Custodians of Country throughout Australia, and their continuing connection to land, sea and community.
We pay our respects to them and their cultures, and to Elders both past and present. © Commonwealth of Australia