Statement of rights
The Statement of Rights clearly identifies your rights when seeking or receiving aged care services.
Under the Aged Care Act 2024, your provider and aged care workers are legally obliged to deliver
services in line with these rights.
Autonomy and freedom of choice
I have the right to make my own choices – about my care, relationships, lifestyle and taking risks – with support if I want it.
Equitable access
I have the right to have my needs assessed in a way that works for me including having my cultural background, past trauma or cognitive conditions, such as dementia, respected.
Safe, quality care
I have the right to be treated with dignity and respect by experienced aged care workers who value my identity, culture, spirituality and diversity.
Privacy and confidentiality
I must have my privacy respected and my personal information kept confidential, and be in control of who this information is shared with.
Communication and complaints
I have the right to be informed in a way I understand and to raise concerns without fear of reprisal. My feedback must be dealt with fairly and promptly.
Support and social connections
I can stay connected to important people, pets and culture including independent advocates. As an Aboriginal or Torres Strait Islander I can stay connected to Country and Island Home.
Rights in real life
Autonomy and freedom of choice
Jack’s* aged care home has a blanket nonsmokingpolicy. Staff are permitted to smoke at a nearby reserve. Jack felt this was an appropriate alternative for him. Jack’s aged care provider initially disagreed, citing health risks and their duty of care. With the support of an aged care advocate, Jack successfully reminded the provider of his right to exercise choice, including when that choice involved personal risk.
Safe, quality care
Eleni* lives with dementia. As the condition has progressed, she has reverted to her first language – Greek. Eleni’s daughter and representative (registered supporter under the new Act), Kay*, called OPAN because she felt Eleni’s inability to communicate had caused her to become socially isolated and withdrawn. With Eleni and Kay’s consent, the advocate arranged a meeting to review Eleni’s care plan with support from Dementia Australia. As a result, the aged care home amended their roster to ensure greater consistency in staffing. Greek communication cards were provided to help overcome language barriers. Eleni was also referred to the Aged Care Volunteer Visitors Scheme to enable regular visits from someone from her cultural background.
Respect for privacy and information
When Rosemary first moved to an aged care home, she noticed that questions about her health care (e.g. vaccination permission) and her finances (e.g. monthly statements) were being referred to her family. She reminded management of her right to make decisions about her financial affairs, her right to have her personal information protected, and her right to be provided with information about the aged care services she receives, including the costs of those services. The provider agreed to redirect all of Rosemary’s correspondence directly to her.
Support and social connections
Cecily belongs to a tightknit social group that meets regularly for coffee. When Cecily moved into residential aged care, her friends gathered in the home’s courtyard or common area for their weekly catch-up. Cecily’s daughter, Sue, felt the visits were too tiring for her mother and asked the manager to stop them. The friends approached OPAN for assistance. An advocate visited Cecily at the aged care home after her friends gained Cecily’s consent. She was missing her friends, who brought joy, laughter and cake. The advocate supported Cecily to have the visits reinstated.