What changed for residents' rights under the new Aged Care Act?

From a Charter to rights in the Act

Under the old law, residents' rights were set out in the Charter of Aged Care Rights. The Aged Care Act 2024 replaced it with a Statement of Rights in section 23 of the Act itself, supported by a Statement of Principles in section 25. The change is about where rights sit. They are now the starting point of the legislation, and other obligations, including the strengthened Quality Standards and the Code of Conduct, are built around them.

What the rights cover

The Statement groups rights into six areas: independence, autonomy and choice; equitable access; quality and safe services; privacy and information; person-centred communication and raising issues without reprisal; and advocates, significant people and social connection.

In practice this means a resident can make decisions about their own life and have those decisions respected, including decisions that involve some personal risk. They can get support to make decisions, receive information in a way they understand, use interpreters or communication aids, see their records and the costs of their services, and stay connected with family, friends, pets and community. Aboriginal and Torres Strait Islander residents have a right to stay connected with community, Country and Island Home.

What providers must now do

Registered providers must take all reasonable and proportionate steps to act in line with the Statement of Rights, be able to show they understand what it means for their service, and have ways to make sure it is reflected in daily practice. This is a condition of registration under section 144 of the Act.

Providers must give residents a copy of the Statement of Rights and help them understand the information in it. My Aged Care advises that the rights should be reflected in the resident agreement. Complaints processes must be easy to understand and use, and people must be protected from reprisal for raising concerns. Standard 1 of the strengthened Quality Standards, the individual, is where auditors will look for evidence.

Supporters and raising concerns

Residents can have a registered supporter help them make and communicate their own decisions. Providers must respect the role of the people who matter to the resident and involve them in the way the resident wants.

A resident or family member should be encouraged to raise an issue with the provider first. They can also contact the Older Persons Advocacy Network on 1800 700 600 for free, independent advocacy, or make a complaint to the Complaints Commissioner, who is located within the Aged Care Quality and Safety Commission but handles complaints independently of the Aged Care Quality and Safety Commissioner. Staff who are unsure how a right applies in a difficult situation should speak to their manager.