You have the right to receive quality and safe government-funded aged care services and to always be treated with dignity and respect. Quality care requires respect, honest communication, and teamwork from everyone involved.
Australia's new Aged Care Act (new Act) began on 1 November 2025. The new Act provides a rights-based framework to ensure older people and their needs and preferences are, and remain, at the centre of the aged care system.
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What does a rights-based approach to aged care mean?
The rights-based approach of the new Act means that the rights of older people are put first. The new Act includes a Statement of Rights, which explains what rights you have when accessing Australian Government-funded aged care services. The Statement of Rights replaced the Charter of Aged Care Rights on 1 November 2025.
To put your rights first, the new Act also:
- includes a Statement of Principles to make sure the aged care system focuses on the safety, health, wellbeing, and quality of life of everyone accessing government-funded aged care services
- outlines the regulation and oversight of registered aged care providers and the services they deliver to make sure they meet their obligations
- enables the Secretary of the Department of Health, Disability and Ageing, as the System Governor, to support the integrity of the aged care system – such as ensuring that government funding is being used appropriately and older people and taxpayers get good value for money
- supports older people, their registered supporters, carers and families and aged care workers to comfortably raise a complaint or share information about their aged care provider.
What are my rights?
The Statement of Rights will help make sure you are at the centre of your aged care.
It gives you the right to:
- make your own decisions about your own life
- be supported to make and communicate decisions, if necessary
- have your decisions respected
- get information and support to help you make decisions
- communicate your wishes, needs and preferences
- feel safe and respected
- have your culture and identity respected
- stay connected with your community.
Your rights, and how your provider will support them, should be included in your service agreement (for Support at Home services) or Resident Agreement (for aged care homes) with your service provider.
Learn more about your rights set out in the Statement of Rights.
Can someone help me to understand my rights?
You can get support to understand your rights from different places. You also have the option to seek independent advice.
Support from your provider
All registered aged care providers must deliver services in a way that treats you as a unique individual and is compatible with your rights under the Statement of Rights.
Under the new Act, registered providers must provide and explain information about your rights under the Statement of Rights to you, and where relevant, your registered supporters. They must also provide a copy of the Statement of Rights, help you understand the information in it, and keep records of your shared understanding and agreement with it.
Support from an advocate
An aged care advocate is an impartial person who can help you understand your rights, advocate for you, and support you to advocate for yourself, too.
For advocacy information and support, you can speak with an aged care advocate by calling the Aged Care Advocacy Line on 1800 700 600, or you can visit the Older Persons Advocacy Network website.
Find out how advocates can help you.
Supporting older people to make decisions
Everyone has the right to make decisions about their life, including the support and services they receive from aged care. A key change under the new Act is that every older person is presumed to have the ability to make their own decisions.
You may want or need support to make these decisions. Supported decision-making is about having support to help you make and communicate your own decisions, rather than having decisions made for you. This allows you to remain in control of your life.
Under the new Act, you can still choose who can support you to make decisions, if you want or need support. These people can be registered supporters. They can be a trusted family member or friend of your choice. Their role is to support you to make and communicate your own decisions. Being a registered supporter does not give them decision-making authority for you. Learn more about registered supporters and how they can support you.
Not every older person will want or need someone to support them. Some older people might feel they are already supported by their carers and other significant people in their lives, without needing them to become registered supporters.
Carers and other significant people in your life can continue to play an important role in supporting you.
Learn more about finding people and services who can help you navigate and interact with the aged care system.
Your aged care rights coexist with other rights
It’s important to know that you still have all the same legal rights as every person in Australia. For example, you have rights to privacy, consumer rights, and the right to be free from discrimination under relevant laws. The rights described in the Statement of Rights are in addition to these.
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, your registered supporter, a friend, family member, an aged care advocate, or anyone you trust.
If you are concerned about the quality of your care or someone else’s, or believe that rights are not being upheld, it is important to talk about it.
If your concerns are about your aged care provider, you should talk to them 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, you have other options:
- Engage an advocate: You have the right to call on an advocate of your choice – if you don’t already have one – to represent you when you interact with your provider. Learn more about advocates and how they can help.
- Make a formal complaint: If you, your carer or anyone else are concerned about the care and services you receive, you can make a complaint to the Complaints Commissioner.
If you have concerns about your registered supporter that you cannot resolve with them, you can request to cancel their registration. You, or anyone else, can also make a complaint or provide information about your registered supporter not performing their role or complying with their duties. Call My Aged Care on 1800 200 422.
If you feel unsafe when accessing aged care, you can get free support from lawyers, social workers and other specialists. Visit the Attorney-General's website for more information on protection against elder abuse.
If you need support to make a complaint or find information, call the Older Persons Advocacy Network (OPAN) on 1800 700 600. OPAN has free, independent and confidential advocates to help you.
Learn more about how to make a complaint about any aspect of your care.