Since 1 November 2025, a new rights-based Aged Care Act has governed government-funded aged care in Australia. At its centre is a Statement of Rights for older people. For families, the practical effect is simple: you, or the person you care for, have a clearer and stronger say in the care you receive, and a clearer path to speak up when something is not right.
What rights do older Australians have in aged care?
Every older Australian receiving government-funded aged care has a set of rights set out in law under the Aged Care Act 2024, which commenced on 1 November 2025. They cover your independence, your safety, your privacy and your right to be heard.
The Act replaced the previous Aged Care Act 1997 with a framework built around the person receiving care, rather than around providers and funding. The Department of Health, Disability and Ageing describes it as putting the rights of older people at the centre of the aged care system.
In practice, that means the person receiving care is treated as someone with choices and preferences, not simply as a recipient of services. That is a meaningful shift, and it is worth knowing where your rights are written down.
What does the Statement of Rights actually cover?
The Statement of Rights, contained in the Aged Care Act 2024, sets out what older people can expect when accessing aged care services. It covers independence and choice, fair access, safe and quality care, privacy, clear communication, and the right to raise concerns without reprisal.
The rights are written in plain terms. In summary, they include the following.
- Independence and choice: deciding which services you use, who provides them, how you live, and how your money and belongings are managed.
- Equitable access: a fair and accurate assessment of what you need, carried out in a way that respects your culture, background, and conditions such as dementia.
- Safe, quality care: care free from violence, abuse and neglect, delivered by workers with the right training, qualifications and experience.
- Privacy and information: respect for your personal privacy, protection of your health and financial information, and access to records about your care and what it costs.
- Clear communication: information given in a way you understand, including interpreters or communication aids, and in the language or method you prefer.
- Raising concerns without reprisal: the right to give feedback or make a complaint without fear of being punished, and to have it dealt with quickly and fairly.
- Advocates and connection: support from an independent advocate or a person you choose, and the right to stay connected with the people, community, culture and even pets that matter to you.
If something is not right, how do you raise a concern?
You can start by raising it with your provider. Providers are expected to support older people to understand their rights, and to have a complaints process that is easy to use. If you would rather not approach your provider, you can contact the Aged Care Quality and Safety Commission directly.
The Commission is running a public information program called Choice, dignity, respect - your rights in aged care. Its central message is that if you have a concern about your aged care service, you can speak up, and that safe, quality care is your right.
You can contact the Commission on 1800 951 822, or raise a matter with My Aged Care on 1800 200 422.
You do not need to be certain that something is wrong before raising it. Questions, feedback and concerns all have a place, and the Act protects the people who speak up.
Can you be punished for complaining?
No. Under the Aged Care Act 2024, older people have the right to complain without fear of reprisal, and the Act also provides whistleblower protections for people who report concerns, including older people, their families and aged care workers.
A concern can be reported to the Commission, the department, a registered provider, an independent aged care advocate, or a police officer. Reports can be made in person, by phone, or in writing, and can be made anonymously.
If a report is made in good faith, the Act protects the person who made it from negative consequences and protects their identity, with limited exceptions, such as where information must be shared with the Commission, or to prevent a serious threat to someone's safety.
Where can families get independent support?
The Older Persons Advocacy Network, known as OPAN, provides free and independent aged care advocacy. The Aged Care Advocacy Line can be reached on 1800 700 600.
Advocates can help you understand your rights, prepare for a conversation with a provider, or work through a complaint. They act for the older person, not for the provider.
This matters, because the Commission's own research has found that some older people hesitate to speak up about their care, worried about not being listened to or about the consequences. An independent advocate exists precisely for that situation.
What should you expect from your aged care provider?
Providers are required to act consistently with the Statement of Rights. That includes supporting you to understand your rights, having a complaints process you can genuinely use, and respecting the role of the people who are important to you.
If you receive care at home, the same rights apply as in a residential setting. Whether your care is funded through Support at Home or arranged privately, you are entitled to be treated with dignity, to be involved in decisions about your care, and to have your preferences taken seriously.
A good provider will welcome feedback rather than deflect it. If you would like to talk through how these rights apply to your own situation, our team is always happy to have a no-obligation conversation. We would far rather answer a question early than have someone feel they have nowhere to turn.