Aged Care Quality Statement of Rights

A New Rights-Based Aged Care Act

The Australian Government is changing Australia’s aged care laws. The Aged Care Act 2024 (the new Act) includes a Statement of Rights for older people accessing aged care services funded by the Australian Government. This Statement of Rights will replace the current Charter of Aged Care Rights on 1 November 2025.

What the Statement of Rights means for you

The Statement of Rights will help make sure you are at the centre of your aged care. It gives you the right to:

• Make your own decisions about your own life.
• Have your decisions not just accepted, but respected.
• Get information and support to help you make decisions.
• Communicate your wishes, needs and preferences.
• Feel safe and respected.
• Have your culture and identity respected.
• Stay connected with your community.

Independence, choice and control

You have the right to make your own decisions and have control over:

• What funded aged care services you use.
• How you access funded aged care services and who provides them.
• Your money and belongings.

You have the right to get support to make these decisions if you need to. You also have the right to choose how you live, even if there is some personal risk, such as choices about your social life and close relationships.

Fair access

You have the right to a fair and accurate assessment to find out what funded aged care services you need. This assessment should be done in a way that suits you and respects your:

• Culture and background.
• Personal experience and any trauma.
• Cognitive conditions, such as dementia.

You also have the right to get the kind of care you need, when you need it, including palliative care and end-of-life care.

Safety and quality

You have the right to safe, quality and fair funded aged care services that treat you with dignity and respect. This includes services that:

• Value and support your identity, culture and background.
• Respect your experience, including any trauma.
• Are accessible and meet your needs.
• Are free from violence, abuse and neglect.

You have the right to access services from workers with the right training and skills, and from providers that meet all conditions under aged care laws. If you feel unsafe, you can get free support from lawyers and specialists; visit the Attorney-General’s website for more information.

Respect for your privacy and information

Your provider must:

• Respect your personal privacy.
• Protect your personal information, such as health and finances.
• Allow you to choose when your personal information can be shared.

You have the right to get records about your rights and the services you use, including costs.

Communication that meets your needs

You have the right to:

• Get information in a way you understand.
• Give feedback.
• Communicate in the language or method you prefer, including using interpreters.
• Meet with your provider and supporters in a way and at a time that suits you.

Support to raise issues quickly and fairly

When there are issues, you have the right to:

• Get support from your provider.
• Complain without fear of being punished.
• Get a quick and fair response to your complaints.

Support and connection with people and community

You have the right to get support from an independent advocate or someone else you choose. You have the right to stay connected with:

• The people who are important to you.
• Your community and leisure, cultural, or lifestyle activities.
• Your pets.

Aboriginal and Torres Strait Islander peoples have a right to stay connected with their community, Country and Island Home.

How to make sure your rights are upheld

If your provider does not follow the Statement of Rights, you can make a complaint to the Complaints Commissioner. Visit the Aged Care Quality and Safety Commission website for more information.
For support or advocacy, call the Older Persons Advocacy Network (OPAN) on 1800 700 600.

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Statement of Rights in Full (Section 23 of the Act)

(1) Independence, autonomy, empowerment and freedom of choice
An individual has a right to:

• (a) exercise choice and make decisions that affect the individual’s life, including funded services and financial affairs;
• (b) be supported to make those decisions and have them respected;
• (c) take personal risks in pursuit of quality of life and relationships.

(2) Equitable access
An individual has a right to:

• (a) have needs assessed in a manner that is culturally safe, trauma-aware, and suitable for those with cognitive impairment;
• (b) palliative and end-of-life care when required.

(3) Quality and safe funded aged care services
An individual has a right to:

• (a) be treated with dignity and respect;
• (b) safe, fair, and non-discriminatory treatment;
• (c) have identity and diversity valued;
• (d) services delivered by workers with appropriate qualifications and skills.

(4) Protection from harm
An individual has a right to be free from all forms of violence, neglect, exploitation, or abuse.

(5) & (6) Privacy and Records
An individual has a right to personal privacy and protected information, and to seek records about their rights and service costs.

(7) & (8) Communication
An individual has a right to be informed in a way they understand and to communicate in their preferred language with interpreters as required.

(9) Raising issues
An individual has a right to open communication, accessible complaint mechanisms without fear of reprisal, and fair, prompt resolution.

(10), (11), (12) & (13) Advocates and Connection
An individual has a right to:

• Be supported by an advocate or person of their choice.
• Have the role of significant persons, like carers and visitors, respected.
• Opportunities to stay connected with significant persons, pets, and their community.
• Access a designated person at any time they choose.