Know Your Rights
Download this information sheet as a PDF.
Understanding your rights and how they can be enforced is an important part of how older LGBTI people can have their rights respected.
The Statement of Rights sets out the legislated rights of everyone who uses aged care services. These rights apply no matter what type of care you receive.
The Statement lists thirteen rights. Understanding these rights is important for you, as well as your friends, family, carer or representative. They set the standard for what you can expect from your aged care provider.
Several of these rights are particularly important to older LGBTI people.
Right 1
You have the right to have control over and make choices about your care, and personal and social life, including where the choices involve personal risk.
For example, you have the right to participate in LGBTI celebrations and make your own decisions about your own safety. You may want to ride with the Dykes on Bikes, the lesbian motorcycle club.
You have the right to have control over, and make decisions about, the personal aspects of your daily life, financial affairs and possessions.
For example, you have the right to maintain your personal appearance in accordance with your identity. Or you may want to share a room with your partner if you are both living in residential aged care.
Right 3a
You have the right to be treated with dignity and respect.
For example, many older LGBTI people have lived through times of severe stigma and discrimination. Many have fought passionately for equality. This history should be acknowledged wherever appropriate.
You have the right to have your identity, culture and diversity valued and supported.
For example, aged care workers should not assume heterosexuality.
Aboriginal and Torres Strait Islander people who identify as Brotherboys and Sistergirls should be supported to maintain connections with mob.
Right 10
You have the right to have a person of your choice, including an aged care advocate, support you or speak on your behalf.
For example, you have the right to nominate someone from your family of choice to be your advocate. That person may not be related to you by biology or by law.
The Statement of Rights
As a person using aged care, you have the right to:
- Independence, autonomy, empowerment and freedom of choice
- Equitable access
- Quality and safe funded aged care services
- Freedom from violence and degrading treatment
- Respect for privacy and information
- Access records
- Have control over, and make decisions about, the personal aspects of your daily life, financial affairs and possessions
- Person-centred communication and ability to raise issues without reprisal
- Open communication and that complaints will be dealt with fairly and promptly
- Be supported by an advocate
- Have significant persons acknowledged and respected
- Be connected with persons of significance and engagement in community
- Access a person designated by the individual, or a person designated by an appropriate authority
Complaint support
The Older Persons Advocacy Network (OPAN) provides support to help resolve concerns and complaints. They also provide support for people experiencing elder abuse. You can access free, independent, and confidential help by phoning 1800 700 600 or visiting the OPAN website.
Making a complaint
If you are dissatisfied with some aspect of a service you receive, you have a right to raise this with the service provider. This can feel daunting for some people, so you can always ask a friend or family member to assist.
Where this does not resolve your issue, you can contact the Aged Care Quality and Safety Commission. They can look into whether the provider is meeting their service requirements, such as ensuring that everyone using aged care is treated with dignity and respect. Making a complaint can improve the quality of care and help other people with the same problem. You can make a confidential or anonymous complaint if you wish. You can find more information on making a complaint on the Aged Care Quality and Safety Commission website, or by phoning 1800 951 822.
The Aged Care Quality Standards
The Aged Care Quality Standards ensure that the care and services a provider delivers are:
- safe
- high quality, and
- meet the needs and preferences of the people under their care.
They establish clear quality standards for all aged care services paid for by the Australian government.
The Aged Care Quality Standards may help older LGBTI people better understand what to expect when using aged care services. The strengthened standards took effect from 1 July 2025.
More information
- Statement of Rights
- The Older Person’s Advocacy Service (OPAN) can provide information about how to make your complaint and support you to contact the Aged Care Quality and Safety Commission. You can reach OPAN by phone on 1800 700 600 or via the OPAN website.
- The Aged Care Quality and Safety Commission - for information on making a complaint to the Commission.
- Alice’s Garage’s Our authentic selves - a guide to dignity and choice for trans and gender diverse people accessing aged care
- Making a complaint about aged care services
- The Aged Care Quality Standards
- Compass - guiding action on elder abuse
