Many older Australians and their families don’t realise the extent of their rights or what they can do if their rights aren’t being upheld.
Key facts: your aged care rights
Under the new Aged Care Act 2024[LE1] , older Australians have legally protected rights when entering aged care. These rights are set out in the Act in a formal Statement of Rights, which all providers must uphold. They include:
the right to dignity, privacy and care that is tailored to your individual needs
the right to raise concerns or complaints without fear of reprisal
transparency around financial arrangements and decisions made on your behalf
access to the Aged Care Quality and Safety Commission if something goes wrong.
Entering aged care, whether yourself or a loved one, can feel overwhelming. There’s a lot to understand, a lot to sign and, often, a lot happening at once. In the middle of all that, it’s easy to miss something important: your rights.
Many older Australians and their families don’t realise the extent of their rights or what they can do if their rights aren’t being upheld. Understanding what your rights are can make a real difference, both in the quality of care you receive and in your ability to speak up when something isn’t going well.
A new era for aged care rights
The new Aged Care Act has brought the most significant reforms to the sector in decades. At the heart of these reforms is a rights-based framework – a formal Statement of Rights that applies to every older person receiving aged care services.
The Act defines high-quality care as kind, compassionate, respectful and tailored to each person's individual needs.[i] That’s now a legal standard that providers must meet.
This shift matters. It means that when you or your loved one enter aged care, the system is explicitly built around your rights, not just around provider obligations.
What the Statement of Rights means in practice
The Statement of Rights covers several key areas. These rights apply whether you are living in a residential aged care home, receiving assistance at home under the new Support at Home program, or accessing government-funded respite care.
An older person in aged care has the right to:
be treated with dignity and respect at all times
receive care that is safe, kind and appropriate to their needs
make decisions about their own care and daily life
have their cultural, spiritual and personal identity recognised and respected
maintain relationships with family and people important to them
raise concerns or make complaints without fear of it affecting their care
access information about their care and the costs involved
have an advocate or support person present when they need one.
The last point is based on the principle of supported decision-making. A trusted supporter, such as a family member, friend or advocate, can assist with a wide range of decisions – including choosing an aged care service or provider, understanding different aspects of your care or service agreement or planning for home modifications. They can help explain information, outline options and discuss the pros and cons of different choices. But the final decision always stays with you, the individual in care.
This differs from substituted decision-making, such as an enduring power of attorney. This is a formal, legal arrangement that allows the appointed attorney to make financial, personal, health and/or lifestyle decisions on your behalf if you lose capacity.[ii]
A supporter does not have this legal authority. They are there to help you decide, whereas an attorney is there to decide when you can no longer do so yourself.
Financial rights: know what you’re signing
Financial arrangements in aged care can be complex, and confusion can easily arise. Before signing anything, ask clear questions and make sure you understand exactly what you’re agreeing to.
Before you sign: questions to ask your provider
|
If a provider is evasive about costs or complaint processes, take that seriously. It may be a sign worth investigating further before committing.
Getting independent advice before entering an aged care agreement is one of the most important steps you can take to protect your long-term interests. An elder law specialist or financial adviser experienced in aged care can help you understand your rights and ensure the agreement is fair.
The role of the Aged Care Quality and Safety Commission
The Aged Care Quality and Safety Commission (ACQSC) is Australia’s independent national regulator for aged care services. It monitors how providers comply with the Aged Care Quality Standards and the Code of Conduct under the new Act.
Under the new legislation, the ACQSC has significantly broader powers than it did before, including:
stronger authority to investigate compliance failures
the ability to enter care homes without consent where there is a serious risk to resident safety
powers to apply for civil penalty orders and injunctions against providers, and
authority to appoint external managers where provider failures threaten access to care.
Providers now face an overarching legal duty to make sure their actions don’t adversely affect residents’ health and safety. There are also civil and criminal penalties for serious failures, as well as new pathways for affected individuals to seek compensation.
This means greater protection for residents.
What to do if your rights aren’t being respected
There are clear steps you can take if something doesn’t feel right — whether it’s the quality of care, the way you’re being treated, or a financial matter you don’t understand.
1. Document your concerns
Write down what happened, including names, dates and specific incidents. This creates a record and makes it easier to raise the issue clearly.
2. Raise the issue with the provider
Start by speaking directly with the provider. Most providers will work to resolve issues quickly, as they have a strong incentive to avoid formal scrutiny. Ask about the internal complaints process if you’re unsure who to speak with.
3. Contact the Aged Care Quality and Safety Commission
If the issue isn’t resolved, escalate your complaint to the ACQSC. You can lodge a complaint in writing, by phone, in person and – if you prefer – anonymously.
Many people worry that speaking up could affect their loved one’s care. But whistleblower protections are in place for residents, families and staff alike. However, identifying yourself when you make a complaint is strongly recommended, as it allows the ACQSC to keep you informed throughout the process.
4. Seek independent support
If you’re unsure how to navigate a complaint, or if the situation involves elder abuse or financial exploitation, it’s important to seek independent advice. An advocate, elder law solicitor or support service can help you understand your options and support you through the process.
Transitioning to aged care is one of the most significant life changes a person and their family can face. It involves personal, financial and legal decisions that need careful attention.
The best way to start the process is to understand your rights by getting qualified legal and financial advice before signing any aged care agreement. An experienced adviser can help you assess agreements, understand costs and ensure your interests are properly protected from day one.
Need to raise a concern about aged care?
|
Disclaimer: The information provided on this website is not a substitute for individual legal advice.
References
[i] Aged Care Act 2024, Section 20(c)(i)
[ii] The types of decisions your attorney may make for you can vary from state to state. You can find out what’s possible where you live in this Compass section.
About the Author
Larisa Kapur
Attwood Marshall Lawyers
Larisa Kapur is an experienced Senior Associate and Accredited Aged Care Professional w...
All comments are moderated. Please visit our terms of use for guidance on how to engage with our community.