Statement of Rights in Aged Care: 2026 Guide (Australia)

If you have seen older brochures referring to the "Charter of Aged Care Rights" with 14 rights, that document was retired on 1 November 2025. It has been replaced by the Statement of Rights, set out in section 23 of the new Aged Care Act 2024. This is the single biggest aged care reform since the system began, and it came directly out of the Royal Commission into Aged Care Quality and Safety.

The difference matters for families. The old Charter was a voluntary agreement that a resident or recipient was asked to sign. The new Statement of Rights is not something you sign - it applies automatically the moment you seek or access government-funded aged care. It is legally binding on providers: acting in line with it is a condition of being a registered provider. Providers must take reasonable steps to deliver care consistent with these rights, show that staff understand them, and have systems to make sure they act on them.

One honest caveat, because families deserve the full picture: the Act says the Statement of Rights does not, by itself, create rights you can sue over in a court or tribunal (section 24). What it does create is a clear, enforceable standard the regulator holds providers to - so if a provider acts inconsistently with your rights, you can complain to the Aged Care Quality and Safety Commission, which can investigate and take action against the provider's registration.

This guide is general information, not legal or financial advice. For free help that is specific to your situation, the official services listed throughout are the right starting point.

The Statement of Rights applies to anyone receiving Australian Government-funded aged care - at home through Support at Home, in the community, or in a residential aged care home. In plain terms, you (or the parent you are helping) have the right to:

• Independence, autonomy and freedom of choice - to make your own decisions and keep control over which services you use, how and by whom they are delivered, your money and belongings, and how you live, even where there is some personal risk.

• Be supported to make decisions and have them respected - including taking reasonable personal risks in pursuit of quality of life, social participation, and intimate or sexual relationships.

• Safe and quality care, free from violence, degrading or inhumane treatment, exploitation, neglect, coercion, abuse or sexual misconduct.

• Be treated with dignity and respect, and to have your identity, culture and diversity valued and supported, including care that is culturally safe, trauma-aware, and suitable for people living with dementia.

• Have your needs assessed and reassessed appropriately, and to receive palliative and end-of-life care when needed.

• Have your privacy respected and your personal information handled properly.

• Be given information you can understand about your services, including the costs, and to access records about yourself.

• Be informed, express your opinions, and be heard about the care you receive.

• Make complaints through an accessible process without fear of reprisal, and have them dealt with fairly and promptly.

• Be supported by an advocate or any person of your choice when understanding your rights, voicing opinions, making decisions or complaining.

• Stay connected with the people, carers, visitors, volunteers and pets that matter to you, including safe visits from family.

Wording above is summarised from section 23 of the Aged Care Act 2024 and the Department of Health's plain-English explainer. For the exact legal text, see the official source linked with this section.

Families often confuse these two, and they do different jobs. An aged care advocate is an independent person - usually from the Older Persons Advocacy Network (OPAN) - who can give information, sit in on meetings, speak up on your parent's behalf, and help resolve problems or make a complaint. OPAN's service is free, independent and confidential, on 1800 700 600.

A registered supporter is a newer concept under the Aged Care Act 2024. You can formally register one or more people (often a family member) to help an older person understand information and make their own decisions. A supporter helps the person decide - they do not take over the decision. The Act sets out the supporter's role and their duty to act on the older person's wishes and preferences.

The key point under the new rights: the older person remains the decision-maker. Care should support them to choose, not decide for them, unless a formal substitute decision-maker arrangement is in place under state or territory law. If your parent has dementia or fluctuating capacity, an advocate or the My Aged Care line can explain how supported decision-making and substitute decision-making work in your state.

You do not have to wait until something is seriously wrong. Raising concerns early, calmly and in writing tends to get the best result. A practical order:

• Step 1: Write it down. Note dates, what happened, who was involved, and what outcome you want. This keeps the conversation clear and gives you a record.

• Step 2: Raise it directly with the provider first. Speak to the care manager or facility manager, or use the provider's internal feedback/complaints process. Many issues are fixed at this stage.

• Step 3: Get an advocate if it helps. Call OPAN on 1800 700 600 before or during the process - they can coach you, attend meetings, or speak on your parent's behalf at no cost.

• Step 4: If you are not satisfied, complain to the regulator. Contact the Aged Care Quality and Safety Commission on 1800 951 822 (free call), online, or by letter. You can do this yourself or with an advocate. The Commission will listen, discuss the outcome you want, and explain how it can help.

• Step 5: For serious or urgent harm, escalate immediately. Serious incidents such as abuse, serious injury or unexplained absence must be reported by providers under the Serious Incident Response Scheme (SIRS), and you can raise these directly with the Commission. In an emergency, call 000.

Crucially, the right to "complain free from reprisal" is built into the Statement of Rights. A provider, worker or responsible person cannot lawfully punish your parent, reduce their care, or treat them differently because a complaint was made. If that happens, it is itself a reportable problem.

Your rights are backed by enforceable obligations on the people delivering care. Since 1 November 2025, the Code of Conduct for Aged Care is a condition of registration for all registered providers and applies to providers, their responsible persons, and workers including volunteers. It requires them to act with respect for your rights, treat you with dignity, deliver safe and competent care, act honestly, and never engage in abuse, neglect or sexual misconduct. The Commission can issue banning orders to stop unsafe individuals from working in aged care.

Restrictive practices - anything that restricts a person's free movement or behaviour, including medication used as chemical restraint - are tightly controlled. They must be a last resort, used only to prevent harm, with alternatives tried first and documented, and with informed consent from an authorised restrictive practices substitute decision-maker. Inappropriate use is a reportable incident under SIRS. If you are worried a parent is being over-medicated or confined, you can ask for the documentation and raise it with the Commission.

Security of tenure means a person in residential aged care can only be asked to leave in very limited circumstances. You are entitled to be told the rules that apply to your home. If a provider tries to move or discharge your parent, get advice from OPAN or the Commission before agreeing to anything.

Several rights touch on money: the right to clear information about what services cost, the right to control your own financial affairs and possessions, and the right to access records about yourself. Aged care fees changed under the reforms (including the new Support at Home program that replaced earlier home care arrangements), so it is worth getting current figures before signing anything.

For free, independent help understanding fees, means testing and your options, call the Services Australia Financial Information Service (FIS) on 132 300, Monday to Friday 8am to 5pm. FIS officers give general financial information and education - not personal financial advice and they do not sell anything. For complex estate or legal questions, see a licensed financial adviser or solicitor.

To find or compare providers, get assessed, or ask any general question about the system, My Aged Care is the official front door on 1800 200 422 (Monday to Friday 8am-8pm, Saturday 10am-2pm). Never feel rushed into a decision: you have the right to take information away, talk it over with family or an advocate, and decide in your own time.