Aged care rights
The Statement of Rights clearly identifies your rights when seeking or receiving aged care services.
Under the Aged Care Act 2025, your provider is legally obliged to deliver services in line with these rights.
Aged care service providers have a positive duty to understand and deliver services aligned with the Statement of Rights.
Safe, quality care
I have the right to be treated with dignity and respect by experienced aged care workers who value my identity, culture, spirituality and diversity.
Communication and complaints
I have the right to be informed in a way I understand and to raise concerns without fear of reprisal. My feedback must be dealt with fairly and promptly.
Equitable access
I have the right to have my needs assessed in a way that works for me including having my cultural background, past trauma or cognitive conditions such as dementia respected.
Privacy and confidentiality
I must have my privacy respected and my personal information kept confidential and be in control of who this information is shared with.
Support and social connections
I can stay connected to important people, pets and culture including
independent advocates. As an Aboriginal or Torres Strait Islander person I can stay connected to Country and Island Home.
What are my aged care responsibilities?
Your responsibilities include:
- Treating staff and other residents with dignity and respect
- Keeping a safe working environment for staff, that complies with Workplace Health and Safety requirements
- Paying the agreed fees and informing the service if you can no longer pay that amount. You can contact Seniors Rights Service about options if this is the case.
Can someone help me to understand my rights?
Your aged care provider is required to help you understand your rights before you begin receiving services.
Aged care service providers will have a positive duty to understand and deliver services aligned with the Statement of Rights.
If you want to speak with someone other than your provider, you can get independent advice, which we call advocacy. In New South Wales you can speak with an advocate about your rights by calling Seniors Rights Service on 02 9281 3600.
In other states, call 1800 700 600 or visit the Older Persons Advocacy Network website to find your state’s local advocacy service.
What should I do if I have concerns?
If you are made to feel unsafe or uncomfortable or have a concern about your rights, you should tell someone. This could be your aged care provider, a staff member, a friend, family member, an aged care advocate, or anyone you trust.
If you are concerned about the quality of your or someone else’s care, or believe that rights are not being upheld, it is important to talk about it.
You should talk to your aged care provider first. It’s okay to complain. Just as positive feedback can reinforce things that work well, your complaints can help improve care and services.
If you are not comfortable talking to your provider, or feel that they haven’t resolved your complaint, give Seniors Rights Service a call. Our advocates listen to your situation and provide independent assistance that is in your best interests.
An advocate is always on your side and will be guided by what you want and need. Importantly, they won’t talk to anyone unless you want them to.
Our aged care advocate can help with:
- understanding aged care services or fees
- getting the most from your services
- guardianship information
- knowing and understanding your rights
- speaking with your service provider at your direction
- resolving concerns or complaints with your aged care provider about the services you receive
- speaking with your service provider at your direction
- increasing your skills and knowledge to advocate for yourself
- concerns that you may not be treated respectfully, fairly, or appropriately.
For free and confidential telephone advice call 02 9281 3600
Making a complaint
If you, your carer, or anyone else is concerned about the care or services you receive, you can make a complaint to the Aged Care Quality and Safety Commission.
Aged care providers need to make sure their services suit the needs of older people and meet their obligations, such as acting in line with the Aged Care Quality Standards, the Statement of Rights and the Code of Conduct for Aged Care.
Read more about how to make a complaint.
Your aged care rights coexist with other rights
It’s important to know that you still have all the same legal rights as every Australian. For example, you have rights to privacy, consumer rights, and the right to be free from discrimination under relevant laws.
