Regulatory Strategy 2025–26: A Guide for Aged Care Providers

Key Takeaways

The Regulatory Strategy 2025–26 focuses on the rights and safety of older people.
Regulation is risk-led, meaning the Commission looks closest at services where harm is most likely.
There are four levels of supervision based on the risk level of your service.
The Commission uses a variety of tools to respond to non-compliance, from notices to banning orders.
Continuous improvement is a requirement for all registered providers.

The Regulatory Strategy 2025–26 is a formal plan created by the Aged Care Quality and Safety Commission. It explains how the Commission will oversee the aged care sector from late 2025 through 2026. This strategy is built to work with the new Aged Care Act. Its primary goal is to make sure that every older person receiving care is safe and treated with respect.

As a provider or worker, you need to understand this strategy. It tells you what the Commission expects from you. It also shows how they will decide which services to monitor more closely. By following this strategy, you can help build a system that people can trust.

What is the Regulatory Strategy 2025–26?

The Regulatory Strategy 2025–26 is a document that describes the Commission's approach to its work. It is not just a list of rules. Instead, it is a guide on how the Commission uses its powers. The strategy focuses on being proportionate. This means that the Commission’s response to a problem will match the seriousness of that problem.

The strategy also emphasizes transparency. The Commission wants you to know how they make decisions. This helps everyone in the sector work toward the same goal: high-quality care. The plan covers everything from how complaints are handled to how audits are performed.

The Core of the Strategy: Rights-Based Regulation

The most important part of the Regulatory Strategy 2025–26 is rights-based regulation. This means that the rights of older people are at the center of every decision. The new Aged Care Act includes a Statement of Rights. You must uphold these rights in your daily work.

Rights-based regulation means the Commission looks at care through the eyes of the older person. They ask:

Is the person being treated with dignity?
Do they have a choice in their care?
Are they safe from harm and neglect?
Can they speak up if they are unhappy?

Your job is to make sure your service respects these rights at all times. If a service fails to protect these rights, the Commission will take action.

How the Commission Manages Risk

The Commission uses a risk-led approach. They cannot be everywhere at once. Therefore, they use data and information to find where the risks are highest. This helps them focus their time and resources on the areas that need it most.

The Commission looks at many types of information to find risk:

Complaints from older people or their families.
Reports of serious incidents.
Data on quality indicators, like falls or weight loss.
Results from previous audits.
Changes in your service, such as a new manager or new owners.

If the data shows that your service is high risk, you will see more of the Commission. They may visit more often or ask for more reports. This is done to prevent harm before it happens.

The Four Levels of Provider Supervision

Under the Regulatory Strategy 2025–26, the Commission uses a Supervision Model. Every registered provider is given a supervision status. This status tells you how much oversight you will receive. There are four levels:

1. Risk Surveillance

This is the lowest level. It is for providers who show they are managing risks well. The Commission will still watch your data, but they will not intervene unless something changes. Most providers should aim to stay at this level.

2. Targeted Supervision

The Commission uses this level if they find a specific issue. For example, if there is a sudden increase in complaints about food, they may focus only on that area. They will work with you to fix the specific problem.

3. Active Supervision

This level is for providers with high-level risks. The Commission has less confidence that the provider can fix the issues alone. You will receive more frequent contact and may have to follow a specific plan to improve.

4. Heightened Supervision

This is the highest level of oversight. It is for services that present a serious risk to the safety or health of older people. The Commission will be very involved in your operations. They may use strong enforcement tools to make sure changes happen quickly.

Compliance and Enforcement Tools

If you do not meet your obligations, the Commission has several tools to respond. The Regulatory Strategy 2025–26 explains that these responses will be proportionate. If a mistake is small and you fix it quickly, the response will be light. If the risk is high or you refuse to change, the response will be heavy.

Common tools include:

Required Action Notices: A written notice telling you exactly what you must fix.
Compliance Notices: A formal legal notice that requires you to take action by a certain date.
Banning Orders: A serious action that stops a person or provider from working in aged care.
Varying Registration: The Commission might change your registration, such as stopping you from taking new residents until a problem is fixed.
Revocation: The most serious action, where the Commission cancels your registration entirely.

Your Responsibilities as a Provider

To succeed under the Regulatory Strategy 2025–26, you must be proactive. You should not wait for the Commission to find a problem. You are responsible for the quality of care you deliver every day.

Your key responsibilities include:

Upholding Rights: Make sure every staff member knows and respects the Statement of Rights.
Managing Incidents: Have a strong system to find, record, and learn from incidents.
Listening to Feedback: Encourage older people to give feedback and use that information to improve.
Continuous Improvement: Always look for ways to make your service better. You must have a written plan for this.
Being Honest: When things go wrong, use open disclosure. Tell the older person and their family what happened and how you will fix it.

Frequently Asked Questions

What is the main goal of the Regulatory Strategy 2025–26?

The main goal is to protect the rights, safety, and wellbeing of older people. It provides a clear path for how the Commission will regulate the sector to achieve this.

How does the Commission decide my supervision level?

They look at your performance data, complaint history, incident reports, and audit results. They also consider how well your leadership manages risks.

Can my supervision level change?

Yes. If you show that you have fixed problems and are managing risks well, your level can go down. If new risks appear, your level may go up.

What should I do if I receive a Required Action Notice?

You must read the notice carefully and take the actions listed by the due date. It is a chance to fix issues before they become more serious legal problems.

Does this strategy apply to all types of aged care?

Yes. It applies to residential care, home care, and community services funded by the government.

Preparing Your Service for the Regulatory Strategy 2025–26 Future

The Regulatory Strategy 2025–26 is a call to action for everyone in the aged care sector. It moves the focus away from simply following rules and toward achieving real outcomes for people. To prepare, you should review your current systems. Ask yourself if your service truly puts the rights of the older person first in every situation.

Building a culture of safety and quality is the best way to manage your regulatory risk. When you build a service that listens to older people and learns from mistakes, you align yourself with the Commission’s goals. This strategy is a tool to help you provide the best possible care. By working together with the Commission and the community, you can help create an aged care system that is safe, respectful, and high-quality for everyone.