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Understanding your rights and how to raise concerns

Learn about your rights and how to raise complaints or share concerns about your aged care experience.

This section outlines your rights as an older person seeking and receiving aged care services. You can also find out what do if things go wrong or you've got concerns about any aspect of your experience.

Making a complaint

If you have a concern about your aged care, it’s important to provide feedback.  Doing this can help improve the quality of care for you and others. You might be concerned about different aspects of your care or services, such as:  

  • your assessment or assessment outcome
  • the calculation of your aged care costs, or a letter you’ve received from Services Australia
  • your service provider or the services you are receiving  
  • elder abuse or your safety
  • getting your complaint heard
  • any other issues with My Aged Care.

There are 2 ways to make a complaint:

  1. Talk to your service provider: This should be your first step, if you’re comfortable doing this. Your provider is there to support you and should listen to your concerns and take necessary action.
  2. Contact the Complaints Commissioner in the Aged Care Quality and Safety Commission: In some cases, your service provider may not be able to resolve your complaint. Or you may not feel comfortable talking to them. In either case, you have the right to contact the Complaints Commissioner the Aged Care Quality and Safety Commission. They are there to protect your rights and make sure aged care services are safe and respectful. 

Knowing your rights

You have the right to receive quality and safe government-funded aged care services and to always be treated with dignity and respect.  

Learn how the Australian Government, through the Aged Care Act 2024 (the Act), is approaching aged care with a rights-based approach to ensure that older people and their needs are at the centre of the aged care system

This includes the Statement of Rights, which explains what rights you have when accessing government-funded aged care services.

You can also find out how others can help you understand your rights and how to seek independent advice when needed. 

If you have concerns about elder abuse 

There’s support available to help if you or someone you know are experiencing elder abuse:

  • If you need immediate assistance in an emergency or life-threatening situation, call 000.
  • Speak to an independent aged care advocate. The Older Persons Advocacy Network (OPAN) offers free and confidential support.
  • Visit the Attorney-General's website for more information on protection against elder abuse and how to get free support from lawyers, social workers and other specialists.
  • Call the free national helpline 1800 ELDERHelp (1800 353 374) to talk to someone about potential or actual abuse. This service provides information on how you can get help, support and referrals (but is not a crisis support service). Visit the Compass website for information, a support directory and resources about elder abuse.
  • Contact your local state or territory helpline. 

If you have concerns about your assessment outcome 

If you don’t agree with the assessment outcome outlined in your Notice of Decision, you have the right to request a review of that decision. This is called an internal review. In an internal review, the Department of Health, Disability and Ageing will check whether the right decision was made based on your situation, the information available, and the law. You can also provide new information to the Department to support your request.  

To request an internal review of your assessment outcome, you (or your registered supported, if you have one) can either: 

  • fill out the Request for an Internal Review of a Decision Form and submit it by email or by post, or
  • write a letter to the System Governor at the Department of Health, Disability and Ageing to ask them to review the decision(s). Information about how to do this is included in your Notice of Decision. 

You must ask for an internal review within 28 days of receiving your Notice of Decision. 

Not satisfied with the outcome?

If you don’t agree with the outcome of the internal review, you may ask the Administrative Review Tribunal (Tribunal) for an external review. This is where the Tribunal checks if the internal review decision was right. There will be a charge. 

The Tribunal is an independent legal body that under the law, can review decisions made by the Department. You can’t have an external review until the Department has done an internal review.  

Learn more about the Administrative Review Tribunal