Older people’s rights when receiving aged care services
As someone receiving aged care services, you have the right to fair, inclusive and non-discriminatory treatment. This page helps explain further your rights, and how these rights can be enforced.
What are your rights?
Older people have a range of rights under aged care rules and regulations. These include the Statement of Rights, the Aged Care Quality Standards, and the recently reformed Aged Care Act 2024.
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The Statement of Rights
The Statement of Rights supports your right to speak up and have control over, and make decisions about, the personal aspects of your daily life, be listened to and understood, make complaints free from reprisal, and have your complaints dealt with fairly and promptly. Click here for more information on the Statement of Rights. -
The Aged Care Quality Standards
These detail the quality and level of care and services you can expect to receive from your aged care service provider. This includes, for example under Standard 1, that you should be treated with dignity and respect and can maintain your identity. Click here for more information on the Aged Care Quality Standards. -
The Aged Care Act 2024
The new Aged Care Act puts the rights of the individual receiving care at the centre. The Act aims to:- empower and improve the lives of older people accessing aged care services in their home, the community or residential aged care
- enable older people accessing funded aged care services to exercise choice and control in the planning and delivery of those services.
Click here for more information on the new Aged Care Act.
LGBTI-related issues
If you feel concerned about being discriminated against or treated unfairly because you are an LGBTI older person, there are some specific supports to help you raise the issue, elaborated on in the following information sheets.
Know your rights
Understanding your rights and how they can be enforced is an important part of how you can have your 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.
Read more on our "Know Your Rights" information sheet.
Being an advocate
Are you a personal advocate for an LGBTI person? Or want to ensure that an aged care service is LGBTI-friendly?
Being an advocate is a privilege and a serious responsibility. One way to make sure you are providing the best support possible is to understand the rights of the older LGBTI person, and the responsibilities of the aged care provider.
Read more in our "Being an Advocate" information sheet.
When considering advocates in the context of LGBTI Indigenous elders, it is important to acknowledge First Nations kinship structures. It is important to recognise that an "Aunty" or Community Leader may be the primary decision-maker in a particular community, even if they aren't biological next-of-kin.
How your rights can be protected
If you are dissatisfied with some aspect of a service you receive, you can 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. For more information on making a complaint, visit the Aged Care Quality and Safety Commission or contact them on 1800 951 822.
Professional support
One way to get professional support is to contact the Older Person’s Advocacy Network – OPAN.
They have a team of advocates to ensure your rights are upheld and your wishes are met, whether you are living independently at home or in residential care, when there are issues with government-funded aged care services. For more information on this service, you can contact OPAN’s advocacy service or contact them on 1800 353 374.
More information
Aged Care Quality and Safety Commission - or by phone on 1800 951 822
OPAN advocacy service - or by phone on 1800 353 374
