Home > For Health Professionals > Aged care > Publications

Publications

1 October 2009 - First Charter of Rights and Responsibilities for Community Aged Care

Electronic advice on introduction of the Charter of Rights and Responsibilities for Community Care.

Please find enclosed a letter explaining the introduction of the Charter of Rights and Responsibilities for Community Care (the Charter) and a copy of the Charter.

For any queries or for further information please contact the Aged Care Information Line on 1800 500 853

If you have any problems with the receipt of this email, please call Yo Landa on 02 6289 5099.

Stay informed - please let us know if your contact details change by using the following link:
http://www.health.gov.au/internet/main/publishing.nsf/Content/ageing-contacts-subscribe.htm

You may download this document in PDF format:

PDF printable version of First Charter of Rights and Responsibilities for Com Aged Care (PDF 31 KB)

PDF printable version of Charter of Rights and Responsibilities for Community Care (PDF 31 KB)

First Charter of Rights and Responsibilities for Community Aged Care

Please find enclosed a copy of the Charter of Rights and Responsibilities for Community Care (the Charter).

The Charter became law on 1 October 2009. It has been developed to apply to people in receipt of Australian Government funded packages legislated under the Aged Care Act 1997 (the Act), namely Community Aged Care Packages (CACPs), Extended Aged Care at Home (EACH) and Extended Aged Care at Home Dementia (EACH-D) packages.

This is a significant step forward in explaining the rights of people receiving aged care services in the community as well as the rights of care workers who are providing the care and in raising awareness of the importance of rights and responsibilities in our community.

The Charter is the result of consultation with a wide range of individuals and groups through the Ageing Consultative Committee.

As a result of the consultation process, two versions of the Charter were developed. The legislative Instrument version reflects the legislation drafting style and is in third person. The implementation version for distribution is written in the first person and this is the document attached.

What is the effect of the Charter becoming law?

Currently section 23.25 of the User Rights Principles 1997 (the Principles) made under the Act specifies a number of rights of recipients of community care. The new Charter replaces and clarifies these existing provisions. The amendments to the Principles also clarify that the rights and responsibilities of recipients of community care extend to recipients of flexible care in the community in the form of EACH and EACH-D.

Where organisations already have existing “charter-like” documents in place these may continue to be used as long as the care recipient is also given a copy of the Charter and helped to understand it.

As an approved provider of community care (CACP) or flexible care in the form of EACH or EACH-D, you have a responsibility, under paragraph 56-2(i) or paragraph 56-3(j) of the Act, not to act in a way that is inconsistent with any rights and responsibilities of care recipients that are specified in the Principles.

If an approved provider were to act in a way that is inconsistent with the Charter, it may be in breach of its responsibilities under the Act and be subject to appropriate compliance action.

The Department is making arrangements to amend Payment Agreements to reflect the introduction of the Charter. Please note that if there is any inconsistency between the Act or Principles and the Payment Agreement, then the legislation prevails to the extent of the inconsistency.

What advice needs to be provided to care recipients?

A copy of the Charter should be provided as soon as is reasonably practicable to all current and future care recipients or their representatives, noting that its purpose is to explain the rights and responsibilities of people who receive care in the form of community care packages (CACP), EACH or EACH-D (as applicable) funded by the Australian Government.

The Department of Health and Ageing in consultation with the Charter Working Group will be developing further material for service providers and care recipients in the coming months.
Copies of the Charter are available electronically on the Department of Health and Ageing website at http://health.gov.au/internet/main/publishing.nsf/Content/ageing-charter-rights.htm. Additional copies of the Charter may be ordered from National Mailing and Marketing on 02 6269 1060 and through email on health@nationalmailing.com.au

If you have any enquiries regarding the Charter please ring the Aged Care Information Line on freecall 1800 500 853.

Yours sincerely

Authorised for electronic advice

Carolyn Smith
First Assistant Secretary
Office of Aged Care Quality and Compliance
1 October 2009
Top of page

Charter of Rights and Responsibilities for Community Care Rights

As a care recipient I have the following rights:

1. General

1. to be treated and accepted as an individual, and to have my individual preferences respected
2. to be treated with dignity, with my privacy respected
3. to receive care that is respectful of me, my family and home
4. to receive care without being obliged to feel grateful to those providing my care
5. to full and effective use of all my human, legal and consumer rights, including the right to freedom of speech regarding my care
6. to be treated without exploitation, abuse, discrimination, harassment or neglect

2. Participation

1. to be involved in identifying the community care most appropriate for my needs
2. to choose the care and services that best meet my assessed needs, from the community care able to be provided and within the limits of the resources available
3. to participate in making decisions that affect me
4. to have my representative participate in decisions relating to my care if I do not have capacity

Top of page

3. Care And Services

1. to receive reliable, coordinated, safe, quality care and services which are appropriate to my assessed needs
2. to be given before, or within 14 days after I commence receiving care, a written plan of the care and services that I expect to receive
3. to receive care and services as described in the plan that take account of my lifestyle, other care arrangements and cultural, linguistic and religious preferences
4. to ongoing review of the care and services I receive (both periodic and in response to changes in my personal circumstances), and modification of the care and services as required



4. Personal Information

1. to privacy and confidentiality of my personal information
2. to access my personal information

5. Communication

1. to be helped to understand any information I am given
2. to be given a copy of the Charter of Rights and Responsibilities for Community Care
3. to be offered a written agreement that includes all agreed matters
4. to choose a person to speak on my behalf for any purpose

6. Comments And Complaints

1. to be given information on how to make comments and complaints about the care and services I receive
2. to complain about the care and services I receive, without fear of losing the care or being disadvantaged in any other way
3. to have complaints investigated fairly and confidentially, and to have appropriate steps taken to resolve issues of concern

7. Fees

1. to have my fees determined in a way that is transparent, accessible and fair
2. to receive invoices that are clear and in a format that is understandable
3. to have my fees reviewed periodically and on request when there are changes to my financial circumstances
4. not to be denied care and services because of my inability to pay a fee for reasons beyond my control

Responsibilities

As a care recipient I have the following responsibilities:
Top of page

1. General

1. to respect the rights of care workers to their human, legal and industrial rights including the right to work in a safe environment
2. to treat care workers without exploitation, abuse, discrimination or harassment

2. Care And Services

1. to abide by the terms of the written agreement
2. to acknowledge that my needs may change and to negotiate modifications of care and service when my care needs do change
3. to accept responsibility for my own actions and choices even though some actions and choices may involve an element of risk



3. Communication

1. to give enough information to assist the approved provider to develop, deliver and review a care plan
2. to tell the approved provider and their staff about any problems with the care and services



4. Access

1. to allow safe and reasonable access for care workers at the times specified in my care plan or otherwise by agreement
2. to provide reasonable notice if I do not require a service



5. Fee

1. to pay any fee as specified in the agreement or negotiate an alternative arrangement with the provider if any changes occur in my financial circumstances
2. to provide enough information for the approved provider to determine an appropriate level of fee

Aged Care Act, Schedule 2 User Rights Principles
Top of page