Know your rights in aged care guide

Your Rights in Aged Care and What the Statement of Rights Means

The Statement of Rights in aged care sets out what older people can expect when they seek or receive government-funded aged care services. It is part of the Aged Care Act, which started on 1 November 2025, and it applies whether you get help at home or live in an aged care home. This guide explains your rights in plain words, what providers have to do about them, and where to go if something does not feel right.

What the Statement of Rights is

The Statement of Rights is a core part of the Aged Care Act. It lists the rights older people are entitled to when accessing funded aged care, and it is meant to promote safe, quality care. It is also a reference for providers and workers, so they know how to act in a way that respects those rights while they deliver care.

The Department of Health, Disability and Ageing publishes the full wording in its Guide to Aged Care Law. What follows is a plain-language summary.

Your rights, in plain words

Making your own decisions, including taking risks

You have the right to independence, choice and control. That covers decisions about the services you are approved for, how you receive them, and your own money and belongings. You can choose the way you live even if it involves some personal risk, and you can get support to make those decisions and have them respected.

A fair, culturally safe assessment

You have the right to a fair and accurate assessment of the aged care services you need. The assessment should be culturally safe, trauma-aware and healing-informed, and should respect your culture and background, your personal experience and any cognitive condition such as dementia. The guide to what happens at an aged care assessment explains how the assessment works.

Safe, quality care and your privacy

You have the right to services that are safe and of good quality, free from violence, abuse and neglect, delivered by workers with the right training and skills. Services should value your identity, culture, spirituality and diversity. Providers and anyone working in aged care must also respect your privacy and protect your information.

Information about your care

You have the right to information about the services you use, given in a way you understand, and to communicate in the language or method you prefer. You can raise issues without fear of being punished or treated unfairly.

Staying connected to family, community and culture

You have the right to stay connected with the people who matter to you, such as family, friends and carers, and with your community through leisure, spiritual or cultural activities. Pets are named too. Aboriginal and Torres Strait Islander people have the right to stay connected with their community, Country and Island Home.

Support from an advocate

If you need help to understand your rights, make a decision or raise a complaint, you have the right to support from an advocate or another person you choose.

Registered supporters

Under the Aged Care Act, older people are presumed able to make their own decisions. If you want help with that, you can choose someone to be your registered supporter. This is usually a person you trust, like a family member or friend, who helps you make and communicate your own decisions.

A registered supporter does not take over. You stay in control of your care, and you can still do things yourself. You can also keep asking other trusted people for help without registering them.

What providers must do about your rights

Under the Act, aged care providers must be registered to receive government funding. Registered providers must:

  • take all reasonable and proportionate steps to act in line with the Statement of Rights when they deliver care
  • show that they understand the rights it sets out
  • have practices in place so their services stay in line with it
  • have a complaints management system to deal with concerns quickly and fairly.

The Aged Care Quality and Safety Commission holds registered providers to account for these obligations.

When something does not feel right

If you, or someone connected to you, believe your rights are not being upheld, the first step is usually to raise it with your provider. Every provider must have a process for complaints, and you have the right to complain without fear of punishment.

If the provider does not resolve it, you can take your aged care complaint to the Aged Care Quality and Safety Commission. Complaints can be made online, by phone or by letter, and you can ask to make a confidential or anonymous complaint. If you need help to complain or to find information, the Older Persons Advocacy Network can support you.

Using your rights when you choose a provider

Your rights are a useful checklist before you sign up with anyone. Ask a provider how they respect your choices, how they handle complaints, and how they keep you informed. The guide on how to choose a home care provider lists more questions for that first conversation.

Provider24 lists businesses that offer in-home support services and other aged care supports, and you can search by location on the Explore page. Weigh up a few against the rights above, then contact the ones that suit you.

This article is general information, not advice. The Department of Health, Disability and Ageing explains the Act and your rights on its Aged Care Act page.

Frequently asked questions

What are my rights in aged care?

Under the Statement of Rights you have the right to make your own decisions, a fair and culturally safe assessment, safe and quality care, privacy, clear information, to stay connected with the people and community you value, and support from an advocate.

What can I do if my rights are not respected?

Raise it with your provider first, since every provider must have a complaints process. If that does not resolve it, you can complain to the Aged Care Quality and Safety Commission without fear of punishment.

Does the Statement of Rights apply to care at home?

Yes. It covers older people seeking or accessing government-funded aged care services, which includes services at home as well as care in an aged care home.

Do I need a registered supporter?

No. A registered supporter is optional. You can choose one if you want help making or communicating decisions, and you stay in control of your own care either way.