Aged Care Law Reforms and Workplace Health and Safety: What Australian Providers Must Know

Australia’s aged care sector is experiencing major legal and regulatory change. New aged care laws, strengthened quality standards and increased regulatory scrutiny mean aged care providers must stay informed, proactive and compliant — particularly when it comes to workplace health and safety (WHS).

For residential aged care facilities, home care providers and community care services, maintaining strong WHS systems is no longer optional. It is a legal requirement and a key driver of quality care, workforce stability and organisational sustainability.

Major Changes to Aged Care Laws in Australia

Australia’s aged care reforms represent a shift towards a rights-based, person-centred care system. The new framework strengthens accountability, transparency and quality expectations for aged care providers across all service types.

Key changes include:

• Greater focus on older people’s rights, dignity and choice

• Stronger Aged Care Quality Standards, with an emphasis on safety and outcomes

• Increased expectations around governance, risk management and workforce capability

• Clearer responsibilities for providers to identify, manage and report risks

• Enhanced compliance and enforcement powers for regulators

For providers, these reforms mean there is a stronger obligation to demonstrate not only that policies exist, but that effective systems are operating in practice — including WHS systems.

Why Workplace Health and Safety Is Critical in Aged Care

Aged care is one of Australia’s highest-risk industries for worker injury, illness and burnout. Employees regularly face physical hazards, biological risks and significant psychosocial pressures.

Under Australian WHS laws, aged care providers have a duty to eliminate or minimise risks to health and safety so far as is reasonably practicable. This duty applies in residential facilities, private homes, community settings and during transport.

Strong WHS compliance delivers benefits beyond legal protection, including:

• Reduced workplace injuries and workers compensation claims

• Improved staff wellbeing, retention and morale

• Safer environments for residents and clients

• Stronger performance against aged care quality standards

• Reduced risk of regulatory action or penalties

Key Work Health and Safety Requirements for Aged Care Providers

Manual Handling and Musculoskeletal Risks

Manual handling injuries are one of the most common hazards in aged care. Tasks such as lifting, transferring, repositioning and supporting residents place workers at high risk of musculoskeletal disorders.

Effective manual handling risk management includes:

• Regular manual handling risk assessments

• Use of mechanical aids such as hoists and transfer devices

• Safe work procedures for resident movement and mobility

• Ongoing training and competency assessments for staff

• Ensuring adequate staffing levels to safely perform physical tasks

Providers must ensure manual handling risks are identified and controlled in both residential and home care environments.

Infection Control and Communicable Diseases

Infection control remains a critical WHS issue in aged care. Workers are exposed to viruses, bacteria and other infectious agents, including COVID-19 and seasonal illnesses.

Effective infection control systems should include:

• Clear infection prevention and control policies

• Appropriate use of personal protective equipment

• Hygiene and cleaning protocols

• Staff education and training on infection risks

• Procedures for managing outbreaks and exposure incidents

Protecting workers from infection also protects residents, visitors and the broader community.

Psychosocial Hazards in Aged Care Workplaces

Psychosocial hazards are now recognised as a key WHS risk under Australian law. In aged care, these hazards can arise from high workloads, emotional demands, workplace violence, bullying, fatigue and role ambiguity.

Psychosocial risks may be present in both residential facilities and home care settings, where workers often operate alone and face challenging client behaviours.

Managing psychosocial hazards requires providers to:

• Identify stressors and risks through consultation with workers

• Address workload pressures and staffing levels

• Implement clear policies for bullying, harassment and aggression

• Provide access to mental health support and early intervention

• Train leaders and managers to recognise and respond to psychosocial risks

Failure to manage psychosocial hazards can lead to burnout, absenteeism, high turnover and regulatory non-compliance.

Strengthening WHS Compliance in Aged Care

To meet legal obligations and quality expectations, aged care providers should take a proactive and structured approach to WHS compliance.

Best practice includes:

• Regular review of WHS policies and procedures

• Ongoing hazard identification and risk assessments

• Meaningful consultation with workers on safety issues

• Continuous training and competency development

• Clear reporting and investigation of incidents and near misses

• Leadership accountability for safety performance

WHS should be embedded into everyday operations, governance and decision-making — not treated as a standalone compliance task.

Conclusion: Safe Workplaces Support Quality Aged Care

As aged care laws in Australia continue to evolve, workplace health and safety has become a central pillar of quality care and regulatory compliance. Providers that invest in strong WHS systems are better positioned to protect their workforce, deliver safer care and meet increasing legal and community expectations.

By staying informed, managing risks effectively and fostering a strong safety culture, aged care providers can navigate regulatory change with confidence and create safer environments for both workers and the older Australians they support.