Forde unveils sweeping rules for elderly care facilities

Government is moving to strengthen oversight and standards for residential facilities caring for the elderly, with Minister of People Empowerment and Elder Affairs Adrian Forde outlining a framework of licensing, inspections and mandatory service requirements.

Speaking during debate on the Older Persons (Care and Protection) Bill 2026 in Parliament on Tuesday, Forde said it was government’s mandate to ensure elderly persons have access to places of safety.

The minister revealed that the legislation will also give them the authority to designate safe spaces when necessary.

He explained that the Bill establishes clear standards for how residential facilities must operate, as demand for long-term care for elderly persons continues to grow.

“The Bill establishes minimum standards for facilities caring for older persons; including licensing, inspection, monitoring and enforcement to ensure safe, humane, and respectful caring environments.

“As the population ages, of course there will be greater demand for long-term care and residential facilities,” Forde said.

He said the legislation also outlines requirements for staffing, including mandatory training for caregivers across both home-based and institutional settings.

“The legislation stipulates mandatory training for caregivers, including those in home-based and institutional settings. It also provides at Section 18 for the registration and regulation of residential facilities which are classified as Type 1 or Type 2. 

“Type 1 speaks to those facilities that offer health-related care, which are specialist facilities for medical care and Type 2 may include either Type 1 facilities and facilities that render cure, whether it is medical or non-medical,” Forde explained.

He further revealed that the rights of residents and the management of facilities are also addressed, with provisions for oversight through residential committees.

“It speaks about the management and the rights of residents within this facility, and we have said already that the residents will have residential committees, which will be formed in the residence facilities where we have residents, their representatives and persons from the ministry sitting as part of the committee to be able to ensure that the rights and the safety and protection of older persons are realised. 

“Rights or regulations are comprehensively covered at Section 19, including access to personal processions, participation in social and recreational activities, privacy and timely notices for transfers or discharge,” Forde said.

The minister gave the assurance that facilities will be equipped to meet the needs of residents requiring specialised care.

These services include rehabilitation, respite care, counselling for residents and family members, as well as assisted and independent living arrangements.

“We understand that as a person ages that they will require certain special needs that probably a younger person may not.

“This is the reality that we are facing when we say that we are going to ensure that we have the basic standards that we are not going to deviate from, but along with that we are going to include other optional services based on not only geographical space available, but the physical, layout of the facilities,” Forde said.

Forde further outlined that all residential facilities must be registered and visibly display their certification.

Inspectors will also be granted authority to enter facilities, investigate operations and enforce compliance with the law.

He said persons who fail to comply with inspectors face a fine of up to $10,000 or to a term of imprisonment of 12 years, or both.

The legislation also outlines strict penalties for abuse or neglect within these facilities, with persons found guilty liable to a fine of $10,000 or a term of imprisonment of 12 months or to both.

Meanwhile, home care providers will also fall under stricter regulation, with mandatory registration and penalties of up to $10,000 for non-compliance.