What rights do I have under the Charter of Aged Care Rights?
The former Charter of Aged Care Rights has been replaced by the enforceable Statement of Rights under the new Aged Care Act, which started on 1 November 2025. It protects your right to dignity, choice, safety, information, privacy, communication and culturally safe care.
Key points
- The current protection is the Statement of Rights.
- It has been enforceable since 1 November 2025.
- You can seek advocacy or complain if your rights are not respected.
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01Guide sectionWhat rights do I have when receiving aged care?
Under the Aged Care Act, you have rights when seeking or receiving government-funded aged care, including Support at Home and residential aged care.
These rights are set out in the Statement of Rights, which replaced the former Charter of Aged Care Rights on 1 November 2025.
02Guide sectionThe right to make your own choices
You have the right to make decisions about:
which approved aged care services you use
how and when services are delivered
who provides your care
how you live your life
your money, property and belongings.
You also have the right to make choices that involve some personal risk, provided you understand the consequences. This is sometimes called dignity of risk.
A provider should explain risks and help make your choices safer rather than automatically taking control away from you.
03Guide sectionThe right to support when making decisions
You can ask a family member, friend, advocate or registered supporter to help you:
understand information
compare options
communicate your preferences
attend meetings and assessments
raise concerns or make a complaint.
You should be supported to make and communicate your own decisions wherever possible.
Having a registered supporter does not automatically give that person authority to make decisions for you.
04Guide sectionThe right to fair access and assessment
You have the right to a fair and accurate aged care assessment.
The assessment should take account of:
your abilities and support needs
your goals and preferences
your culture and background
any trauma you have experienced
communication requirements
cognitive conditions such as dementia.
You should not be disadvantaged because of your background, disability, language, location or personal circumstances.
05Guide sectionThe right to safe and quality care
You have the right to services that are:
safe
suitable for your assessed needs
delivered with dignity and respect
free from abuse, violence, neglect and exploitation
provided by workers with appropriate skills, training and experience.
Your care should also respect your identity, culture, spirituality, relationships, sexuality and life experiences.
06Guide sectionThe right to be treated as an individual
Your provider should not use a one-size-fits-all approach.
Your care should reflect:
your routines
your personal goals
your communication preferences
your cultural and religious practices
your preferred level of independence
the people and activities that are important to you.
For example, workers should not automatically take over tasks you can safely continue doing yourself.
07Guide sectionThe right to clear information
You have the right to receive information in a form you can understand.
This includes information about:
your assessment and support plan
available services
provider prices and additional charges
your personal contributions
how your funding is being spent
changes to your care
your service agreement
how to make a complaint
how to change providers.
You can request an interpreter, communication aid or another form of assistance if required.
08Guide sectionThe right to privacy and access to information
Your provider must respect your privacy and protect personal information about your:
health
finances
relationships
care needs
personal circumstances.
You also have the right to access records and information about the funded aged care services you receive, including their cost.
09Guide sectionThe right to stay connected
You have the right to maintain relationships and connections that matter to you.
This may include connections with:
family and friends
carers and supporters
cultural or religious communities
social groups
pets
local activities and interests.
Aboriginal and Torres Strait Islander people also have the right to remain connected with community, Country and Island Home.
10Guide sectionThe right to raise concerns without being punished
You have the right to:
ask questions
give feedback
disagree with a provider
raise concerns
make a complaint
use an advocate.
A provider must not reduce your services, intimidate you or treat you unfairly because you raised a concern.
You also have the right to receive a prompt and fair response to your complaint.
11Guide sectionWhat should I do if my rights are not being respected?
Where it feels safe to do so, raise the issue with your provider first.
Be specific about:
what happened
when it occurred
who was involved
which service was affected
what outcome you want.
Ask the provider to confirm its response in writing.
You can also contact the Older Persons Advocacy Network on 1800 700 600 for free, independent and confidential support. An advocate can help you understand your rights, speak with your provider and make a complaint.
If the matter is not resolved-or you do not feel comfortable approaching the provider-you can make a complaint to the Aged Care Quality and Safety Commission’s Complaints Commissioner.
The simplest way to understand your rights is:
You should be safe, informed, respected and in control of your care. You can ask questions, make choices, involve people you trust and complain without fear of losing your services.
12Guide sectionWhat should I do next?
Ask your provider for a copy of the Statement of Rights. If you feel a right is not being respected, raise it with the provider, contact an independent advocate through OPAN or make a complaint to the Aged Care Quality and Safety Commission.
13Guide sectionHelpful Local Home Help resources
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