Statement of Rights

The Statement of Rights is a core part of the Act.

[Chapter 1 – Part 3 – Division 1]

The Statement of Rights:

• explains what rights older people are entitled to when accessing funded aged care services
• promotes quality and safe care for older persons accessing, or seeking to access, funded aged care services.

It is also a reference for providers and workers so they can take steps to act in a way that promotes older people’s rights when delivering care.

What the Statement of Rights means for providers

Registered providers must: 

• take all reasonable and proportionate steps to act in line with the Statement or Rights when they deliver aged care services
• show that they understand the rights of older people under the Statement of Rights
• have ways to make sure they act in line with the Statement of Rights. 

If an older person believes that a provider isn’t acting in a way that’s in line with the Statement of Rights, they can make a complaint to the Complaints Commissioner.

Rights under the Act

Here is what the Statement of Rights includes:

Independence, choice and control 

Older people have the right to independence, autonomy, empowerment, and freedom of choice. This means older people have the right to make their own decisions and have control over: 

• the funded aged care services they have been approved for
• how they access those services
• their money and belongings.

Older people have the right to choose the way they live, even if there is some personal risk. If necessary, older people should also be supported to make those decisions and to have them respected.

Equitable access 

Older people have the right to a fair and accurate assessment to find out what funded aged care services they need. Assessments for care should be culturally safe, trauma-aware and healing-informed. This means older people should have equitable access to an assessment for care that respects and recognises their: 

• culture and background
• personal experience and any trauma
• cognitive conditions such as dementia.

Safety and quality

Older people have the right to quality and safe funded aged care services. 

This includes the right to access services: 

• that are free from any violence, abuse and neglect
• that value and support their identity, culture, spirituality and diversity
• from workers with the right training and skills.

Privacy 

Providers and anyone working in the aged care system must respect and protect older people’s privacy and access to their information. Older people have the right to get information about the funded services they use.

Communication and feedback 

Communications should be person-centric – putting the older person first. 

Older people have the right to: 

• get information in a way they understand
• communicate in the language or method they prefer
• raise issues without fear of being punished or treated unfairly.

Support, advocacy and connection 

Older people have the right to stay connected with people that are important to them, such as family, friends and carers. 

Older people also have the right to stay connected with their communities, like through leisure, spiritual or cultural activities, and pets. Aboriginal and Torres Strait Islander peoples have a right to stay connected with their community, Country and Island Home.

Older people may also need support to understand their rights, make decisions or make a complaint. They have the right to access and get support from an advocate or someone else they choose.