Aged care rights
The Charter of Aged Care Rights sets out the rights of all people receiving Government-subsidised aged care services. The Charter applies regardless of the type of care or service.
The Charter aims it easy to outline what quality care looks like and provide expectations about the services supplied by aged care providers. The Charter is a requirement of the Aged Care Act 1997.
The Charter of Aged Care Rights
What they mean for you
- Safe and high-quality care and services
You should be cared for by highly qualified sta who adhere to best practice in the delivery of personal care, clinical care and services and supports for daily living. - Be treated with dignity and respect
Your individuality is recognised and respected and aged care providers work with you to live your life the way you choose to. - Have my dignity, culture and diversity valued and supported
The care and services you receive are responsive, inclusive and sensitive to your individual cultural identity. All interactions with you, as well as the delivery of your care and services, reflects you as an individual. - Live without abuse and neglect
You have the right to live free of abuse and neglect, and the freedom to speak up and tell sta if you have any feedback or concerns. - Be informed about my care and services
Your individual needs are recognised and sta communicate with you in a way that is clear and easy to understand. Where you have authorised a nominated representative to act on your behalf, the aged care provider will also communicate with your representative to ensure they are informed about your care and services. - Access all information about myself including information about my rights, care and services
You will be provided with access to your personal information in accordance with privacy legislation, as well as aged care providers’ own privacy policies. Sometimes you or your nominated representatives may be asked to put your request for information in writing - Have control over and make choices about my care, and personal and social life, including where the choices involve personal risk
Your right to make decisions that a ect your life are respected, even where your choices may involve some level of personal risk. In these instances, aged care providers will have discussions with you and your nominated representatives to understand these risks and how they can be managed. Where your wish involves unacceptable risk, such as a wish that impacts the rights or safety of others, you will be supported in identifying alternative solutions. - Have control over, and make decisions about, the personal aspects of my daily life, financial affairs and possessions
Your right to have control over your personal life,  inancial a airs and possessions is respected. You have the right to make decisions about your life and how you want to live. You are supported to choose your social networks and have regular contact and care evaluations by staff to ensure your needs and preferences are understood and met. - My independence
You are supported and provided assistance to help you maintain your optimal independence. You are also supported to maintain the level of control you want and are encouraged to exercise your rights under the Charter. - Be listened to and understood
Staff listen to you, understand your needs and preferences and encourage feedback about your care and services. You are provided with opportunities to have your voice heard and understood. - Have a person of my choice, including an aged care advocate, support me or speak on my behalf
Your right to have any person of your choice to speak on your behalf is respected. Your advocate is treated in the same way you would be treated, and your advocate is supported to be involved as little or as much as you would like. - Complain free from reprisal, and to have my complaints dealt with fairly and promptly
Your feedback is valued and you have a number of ways that you can submit feedback or a complaint. Your feedback or complaint is treated seriously and dealt with fairly and promptly. - Personal privacy and to have my personal information protected
Your personal privacy is respected and aged care providers comply at all times with privacy legislation. - Exercise my rights without it adversely affecting the way I am treated
Your individuality is promoted and respected. You will not be adversely affected in any circumstance where you exercise your rights.
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.
Read the Charter of Aged Care Rights
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.
Your provider is also required to sign the Charter of Aged Care Rights and give you the option of signing it, too. If you don’t sign it, you can still receive care and services. If you do sign the Charter, you acknowledge that you have received it and understand your rights.
If you want to speak with someone other than your provider, you can get independent advice, we call this 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.
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.
Read more about how to make a complaint.
