FED Discretionary Powers for Approved Needs Assessors in Aged Care

Aged Care Amendment (Restoring Human Override for Aged Care Needs Assessments) Bill 2026

Opposition Bill

11 Aug 2026: This bill has passed its first house and is now before the second house for its own debate.

Senate

House of Representatives

Assent

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Topics

aged care elderly care healthcare access patient rights

Introduced by: Senator Anne Ruston (LIB)

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

Approved needs assessors must not let assessment tools or other National Aged Care rules limit their discretion when undertaking aged care needs assessments.
Approved needs assessors must not let assessment tools or other National Aged Care rules limit their discretion when undertaking classification assessments.
Individuals can request a reassessment of their need for funded aged care services; this applies if they believe a previous assessment was inaccurate due to the assessment tool used.
Individuals can request a classification reassessment; this applies if they believe a previous classification was inaccurate due to the assessment tool used.
The System Governor must provide details on how assessment tools were used when making decisions about classification assessments.

The Debate

What different members said when this bill was debated:

Nita Green ALP

“At the outset, I want to put two things on the record. I think senators around this chamber have genuine care and concern for older Australians in ensuring that they get dignity in their later years; I’m not doubting that in any way. There was bipartisan support for the government’s reforms, and we certainly want to continue in that way.”

Official source →

Penny Allman-Payne GRN

“The Greens stand as co-sponsors and supporters of the Aged Care Amendment (Restoring Human Override for Aged Care Needs Assessments) Bill 2026 alongside Senator Ruston and Senator Pocock, and I thank Senators Ruston and Pocock for the work that we continue to do together to make sure that older Australians get the care that they need at the time that they need it.”

Official source →

Michaelia Cash LIB

“I move: That the question be now put. The ACTING DEPUTY PRESIDENT ( Senator Hodgins-May ): Senator Ananda-Rajah, are you seeking to raise a point of order? Senator Ananda-Rajah: I have a contribution to make. I’m just a little emotional because this conversation is actually, for me, dredging up some family issues.”

Official source →