A provider’s guide to the new Aged Care Act: HELF, whistleblowing and record keeping

Residential aged care providers are deep in preparation mode as the new Aged Care Act takes shape. While some changes build on existing residential practices, others introduce new expectations that require fresh thinking and action. 

At our recent Residential Roadshow, Anita Courtney, Aged Care & Home Care Principal at Russell Kennedy Lawyers unpacked key areas of the Act that are creating the most questions for providers. In this blog, we share her expert take on four key areas: additional services (HELF), complaints processes, whistleblower protections and record keeping. 

“The new Aged Care Act isn’t reforming residential care to the same extent as Support 
at Home. What this new Act does is consolidate reforms, particularly those that came to light during the Royal Commission.” – Anita Courtney, Aged Care & Home Care Principal at Russell Kennedy Lawyers, Residential Roadshow 2025 

1.  Additional Services are being replaced with HELF

The current additional services model is being replaced by the Higher Standards for Everyday Living Fees (HELF). This new approach introduces clearer legislation and greater flexibility for residents, while also setting higher expectations for service quality.  

Key updates for HELF  

HELF introduces clearer and more consistent rules around additional services. Key changes include:  

• HELF services will be fully optional 
• Residents can opt out within 28 days of signing up, and at any time afterward with 28 days’ notice 
• Existing residents receiving additional services must be transitioned off them by the government deadline

Mandatory pre-agreement information 

Residents must also receive mandatory pre-agreement information. Before entering into a HELF agreement, providers must give residents the following: 

• The Everyday Living Fact Sheet from the Department of Health and Aged Care 
• A list of services for which the provider charges higher everyday living fees 
• The standards at which these services will be delivered 
• Information about how the provider bundles or charges for HELF services (if applicable) 

Important: A resident cannot be signed up for HELF services on their first day or before entering the facility. 

Unresolved questions and areas needing clarity 

• Some services—such as alcohol—are not listed as “everyday living” services, making their status unclear 
• There are still questions about variation and termination rules 

What to do now 

• Audit your current additional services and identify which ones need to be phased out or transitioned to HELF.
• Start preparing your HELF framework, including documentation, service standards, and pricing structures. 
• Train staff on the new process, including when and how residents can opt in or out, and what information must be provided before an agreement. 
• Keep residents and families informed with clear, consistent communication about upcoming changes and their choices. 
• Watch for further guidance from the Department, particularly around grey areas like bundled services and exclusions. 

2. Complaints processes  

The new Aged Care Act sets higher standards for complaint management, with clearer rules to ensure systems are fair, transparent, and actually work in practice. 

“The complaints process is much more detailed. You’ve got to deal with complaints quickly, formally close them out, and notify the person who made the complaint of their right to escalate it. These aren’t just good practice anymore—they’re now legislative requirements.” – Anita Courtney, Aged Care & Home Care Principal at Russell Kennedy Lawyers, Residential Roadshow 2025 

Key updates for complaints management 

To meet the new complaints management requirements, registered providers must:

• Have a documented complaints and feedback system 
• Make this system available to care recipients and aged care workers 
• Resolve each issue in a complaint “as soon as practicable” after receiving it 
• Use a clear resolution approach 
• Formally close out complaints, with timely handling 
• Notify the complainant of the outcome and their right to escalate the matter to the Aged Care Quality and Safety Commission 

What to do now 

• Audit your current complaints process to ensure it aligns with the new Aged Care Act requirements. 
• Update your complaints policies and procedures to reflect clearer, faster, and more transparent handling. 
• Train staff to manage complaints promptly, follow formal closure steps, and communicate complainants’ escalation rights clearly. 
• Make complaints systems visible and easy to access for residents, families, and staff. 
• Monitor complaint trends and use insights for continuous improvement. 

3. Whistleblower protections  

The new Act introduces more robust and accessible whistleblower protections. These changes reflect a broader cultural shift toward transparency and accountability across the sector. 

“The threshold for whistleblower protection is actually lower than in some other laws. It’s really important to educate staff on what that means and how to respond appropriately.” – Anita Courtney, Aged Care & Home Care Principal at Russell Kennedy Lawyers. 

Key updates for whistleblower protections  

The new Aged Care Act strengthens whistleblower protections, making it safer for anyone—staff, contractors, residents, or families to speak up. It ensures people who report concerns are protected from retaliation and have their identities safeguarded. 
Whistleblower reports can be made to: 

• The Commission 
• The Department or its officials 
• A registered provider or responsible person 
• An aged care worker 
• Police 
• An independent aged care advocate 

If someone reports a concern, their identity must be protected (with limited exceptions), and staff who receive reports need to know how to respond appropriately. 

What to do now  

• Implement a whistleblower policy that meets the requirements of the new legislation. 
• Train all staff and responsible persons on whistleblower protections and complaints handling. 
• Update internal systems and documentation to reflect the new requirements. 
• Clearly communicate to all stakeholders—staff, residents, contractors—how complaints and whistleblower reports are handled and protected. 

4. Record keeping requirements 

The new Act brings a unified approach to records management across aged care. Providers must now retain records for seven years from the date of creation.  

“You don’t want to be keeping records longer than needed, particularly in this environment where cyber risk is such a concern. That seven-year window gives clarity—but it also means providers need to tighten up their data retention practices.” – Anita Courtney, Aged Care & Home Care Principal at Russell Kennedy Lawyers, Residential Roadshow 2025 

Key updates for record keeping  

The new Act makes registered providers responsible for keeping accurate, secure, and up-to-date records on care, complaints, and governance. 

Records must be kept for at least 7 years, and longer in some cases (e.g. serious incidents or legal matters). 

Providers must also ensure records are easily accessible, especially during exits or care transfers, to support continuity and uphold residents’ rights. 

What to do now 

• Review and update record retention policies to avoid keeping records longer than required unless legally necessary. 
• Ensure policies cover records from current and former providers including legacy systems and transferred services. 
• Include guidance on storage, cybersecurity, and destruction to support secure, compliant record handling. 
• Make records accessible in case of exit, closure, or transfer to support continuity of care and residents’ rights. 
• Train staff on updated procedures so everyone understands their role in maintaining compliant records. 

Staying ahead of reform 

The new Aged Care Act builds on existing practices but brings clearer expectations around aspects like services, complaints, whistleblowing, and record keeping. Taking time now to review these areas can help providers stay compliant and support better care as the changes roll out. 

Watch Anita Courtney’s full Residential Roadshow session, which also covers governance, statutory rights, supporters, and more.

Want to know how AlayaCare is helping residential providers get ready for the new Aged Care Act?