Australia’s New Aged Care Act aims to protect consumers with a rights-based model of care. This shift to a right-based aged care system means stronger protections for older Australians and more support for families.
Under the New Aged Care Act, individuals in aged care will be required by law to be put first. And this is exactly where they belong.
As an advocate for aged care protection for families, I am thrilled to see these rights take effect.
It can be confusing to keep up with changes to the aged care system. That’s why I love creating these guides in hopes of helping you feel informed, up-to-date, and confident.
Here are the consumer rights under the new Aged Care Act that you or your loved one can expect.
Quick Summary
- The new Aged Care Act puts older people’s rights at the centre of care
- This marks a shift to client-centered care versus provider-centered rights
- You now have legal protections around choice, safety, respect, and inclusion
- Families can be formally involved and support decision-making
- By law, providers must meet higher standards and prove they respect your rights
- There are clearer complaint processes and stronger enforcement powers
Aged Care Built Around Your Rights
The new Australian Aged Care Act is not just good practice or a series of suggestions for safe aged care services.
It is the law.
This new aged care act marks a positive shift to a rights-based aged care model from the former provider-focused model of care.
Consumer rights under the new Aged Care Act will be strengthened and protected.
Providers are required to adhere to concrete obligations, such as ensuring culturally safe care. This rights-based model means choice, control, respect, dignity, and safety are non-negotiable.
If the obligations are not met, providers are at risk of losing government approval and funding.
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Everyday Rights You Can Count On
Australia’s new act introduces a formal Statement of Rights for individuals receiving government-funded aged care.
Through this act, you can count on safe aged care services and strengthened standards in aged care by law.
Whether you receive care in an aged care facility or at home, you can expect a range of positive changes.
Consumer rights under the New Aged Care Act include:
- Choice and informed consent (you decide your care and nothing can be done without your agreement)
- High-quality care that is free from abuse or neglect
- Dignity, privacy, and respect (ie, knocking before entering an individual’s room)
- Culturally safe care that is inclusive and respectful of different cultures, beliefs, and backgrounds
- Support for staying connected to family and community
- Support to speak up or have a say
- Better screening and training for aged care workers
- Increased financial transparency from providers regarding finances and operations
- Stronger systems for handling aged care complaints
These obligations will be enforced by The Aged Care Quality and Safety Commission. Providers will be required to work for you. Not the other way around.
Example: Jill is a nurse at an aged care facility. She needs to change a dressing on a resident, Jane. Before entering, Jill knocks and waits to hear “Come in” from Jane.
Jill greets Jane with a warm smile and asks how her day is going. Jill makes Jane feel respected, seen, and appreciated as a person, not just a patient.
Before changing the dressing, Jill explains what she’ll be doing and makes sure to get consent from Jane. Before leaving, Jill asks Jane if she prefers to play cards or visit with a friend in the afternoon. Jill ensures Jane has a say in what activities she wants to participate in and what her schedule looks like.
Jill displays respect and concern for Jane as a person. This is an example of the type of interaction the new Aged Care Act aims to ensure.
Families Can Play an Active Role
One of the changes I’m most excited to see is the increased focus on family involvement.
The new Aged Care Act recognises the vital role spouses, siblings, children, and trusted friends play in supporting ageing individuals. The new law encourages families to be trusted partners in navigating aged care.
Older individuals can nominate a close friend or family member to serve as a “registered supporter.” This registered supporter can assist in decision-making, communicating preferences, or receiving pertinent information.
Even without the formal registration process, any trusted person is welcome to join in care planning or decisions if the older person wishes.
This approach ensures older individuals remain in control but also have the support they need. This ensures that patients and their families will be heard and protected.
Example: Bill nominates his daughter, Wanda, as his registered supporter. Bill received info on a new care plan from his provider. He wants to make sure he understands the changes.
Wanda helps him review the care plan changes and takes note that her Dad is concerned about scheduling. He usually plays cards with a friend at 1pm on Wednesdays, but the new plan shows therapy during that same time.
Wanda helps her Dad convey his concerns, and the provider reschedules therapy to a better time slot.
What Providers Must Do Differently
Consumer rights under the new Aged Care Act will be more robust and client-focused.
By law, aged care providers will be required to:
- Respect and embed your rights in daily care
- Deliver culturally safe and individualised care
- Train staff better and follow a strict Code of Conduct
- Welcome feedback and resolve issues fairly
- Be more transparent about care quality and use of funds
- Uphold a stronger and more consumer-focused aged care complaints process
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Clearer Complaints Process, Stronger Safeguards
Another excellent change is the requirement for a clearer aged care complaints system. Families and older individuals can now raise aged care complaints with zero worry over retribution.
By law, providers must handle complaints in a consumer-focused way. The new Aged Care Act requires providers to:
- Have an internal system for handling aged care complaints
- Investigate any aged care complaints thoroughly
- Respond quickly and fairly to aged care complaints
- Document complaints and how they were resolved
- Inform the consumer, and any involved family or friends, of the outcome
This means if you are concerned about a family member’s care, the law is on your side. The Aged Care Quality and Safety Commission will ensure compliance, along with the new Independent Complaints Commissioner.
If you have a concern about a loved one in care, you are allowed and encouraged to speak up without fear of consequence.
Example: Cooper is concerned about his Dad, Leo, and the care he is receiving. Cooper meets with the administrator of the aged care facility his Dad has been at for the past year.
The administrator promptly gets to work to resolve the issue. Leo and Cooper are kept informed throughout, the complaint is documented, and a resolution is quickly met.
Professional Guidance for Safe Aged Care Services
Australia’s new aged care act makes safe aged care services a right, not a suggestion. I am delighted to see this push toward rights-based aged care and a more consumer-focused mindset.
By law, your loved one’s rights will be protected and they will get the safe aged care services they deserve.
I’m excited to be a part of ensuring respect, transparency, dignity, privacy, and empowerment are the norm for aged care services.
As wonderful as these new rights are, I know it can be confusing to stay up to date on new reforms.
Navigating aged care is easier with guidance, and that’s why I started Care Match Solutions. I’m here to help families understand these changes and how they affect your loved one’s rights.
If you want to discuss these changes or need help accessing safe aged care services for your loved one, please reach out to me.
