Deadline for home care agreements is here: Russell Kennedy

Many Support at Home participants will be reaching the 90-day deadline by which old home care agreements will be deemed Service Agreements under the new Aged Care Act.

Under the Australian Government’s new Support at Home program, which commenced on 1 November 2025, the Transitional Rules state that once Services Australia determines a participant’s contribution rate, the home care provider has 30 days to initiate finalisation or variation of the Service Agreement, and participants have 90 days to enter into the agreement.

The ‘transition period’ deadline is now upon us, though determinations by Services Australia will have been made on different days, so the deadline will vary from participant to participant.

For participants that don’t enter into an agreement at the end of the 90-day period, the provider will not have a compliant agreement in place and will therefore be in breach of the new Act.

“The Transition Rules allow providers to lawfully cease providing funded aged care services to the participant on the basis that there is not a compliant agreement in place,” a note from aged care law firm Russell Kennedy states.

However, while ceasing services is necessary to ensure the provider doesn’t breach their Conditions of Registration, the provider must still do so in accordance with the security of tenure provisions, which requires provides to give participants 14 days’ written notice.  

Russell Kennedy has prepared a template reminder notice that explains to participants that the provider will cease delivery of services if the agreement is not entered into, and encourages participants to enter into a new agreement as soon as possible.

Anita Courtney, Principal at law firm Russell Kennedy told The Weekly SOURCE that they weren’t aware of any provider currently facing non-compliance action related to the 90-day deadline.

“However, if providers continue providing services to a client without a valid agreement in place, they may face issues with their claims with the possibility that claims for services will be denied. 

“Further, they would also be in breach of the conditions of their registration which could expose them to other compliance action.”