Your Rights as an Aged Care Resident in Australia — A Complete Guide for 2026

If someone you love is living in residential aged care — or if you are planning for that possibility yourself — understanding your legal rights is one of the most important and most empowering things you can do. Australia’s aged care rights framework changed significantly on 1 November 2025 with the commencement of the new Aged Care Act 2024, and many families are not yet aware of how much stronger those rights have become. Here’s a complete, plain English guide to your rights as an aged care resident in Australia in 2026.

A Significant Change Worth Understanding Upfront

The Aged Care Act 2024 commenced on 1 November 2025 — this is when the Statement of Rights became legally enforceable, Support at Home replaced Home Care Packages, new residential fee arrangements took effect, and the new registered supporter role was introduced.

The new rights-based Aged Care Act puts older people who need aged care at the centre of the system — the Royal Commission into Aged Care found the previous Aged Care Act was no longer fit for purpose because it was structured around providers and how to fund them, rather than around the people accessing services and what they need.

What this means practically:

The old Charter of Aged Care Rights was a requirement of the previous Aged Care Act 1997 — but it lacked the strong legal enforceability mechanisms of the new Statement of Rights. The Statement of Rights replaced the Charter of Aged Care Rights on 1 November 2025 — and unlike the old system, the Statement of Rights is now fully legally enforceable. This is a genuinely significant change — providers are now legally obligated to deliver services in line with these rights, not just encouraged to do so.

The Statement of Rights — What You Are Entitled To

The Statement of Rights outlines the rights that older people have when accessing aged care services, and helps ensure that older people and their needs are at the centre of the new aged care system.

Here are the core rights every aged care resident is entitled to under the new Act:

1. The Right to Independence, Autonomy and Freedom of Choice

A key change under the new Act is that every older person is presumed to have the ability to make their own decisions.

This means:

• You have the right to make decisions about your own life, your care, and the risks you are willing to take
• Staff and providers cannot make decisions for you without your involvement and consent
• You have the right to choose how you live, even if there is some personal risk — for example, choices about your social life and close relationships
• If you want or need support to make decisions, you can choose a registered supporter — a trusted family member or friend of your choice — whose role is to help you make and communicate your decisions, not to make decisions on your behalf
• Your preferences and wishes must be genuinely considered in all care planning and delivery

What this looks like in practice: If you want to go for a walk, choose what you eat, or decide how your day is structured — these are your choices to make. A provider cannot override them simply because it is more convenient for the facility.

2. The Right to Safe and High Quality Care

Strengthened Aged Care Quality Standards have been introduced with the commencement of the new Act from 1 November 2025. Under the strengthened standards, providers must actively include older people in the planning and management of their care to ensure care is safe, high quality and tailored to the needs of the older person.

This means:

• Your care must meet the Strengthened Aged Care Quality Standards — a legally enforceable set of requirements defining what good care looks like
• Providers must be registered with the Aged Care Quality and Safety Commission and have their registration renewed every three years
• Residential aged care providers must report on critical areas of care that can affect your health, safety and wellbeing — this data is used to monitor quality and is accessible to families making decisions about care

What this looks like in practice: Your care plan must be developed with your genuine input — not just handed to you. If your care isn’t meeting the required standard, you have the right to raise it and have it addressed.

3. The Right to be Treated With Dignity and Respect

Every person in aged care has the right to be treated as a unique individual — with their identity, culture, history, preferences, and dignity respected at all times.

This includes:

• The right to have your cultural background, language, and beliefs respected in the delivery of your care
• The right to privacy — in your room, in communications, and in your personal information
• The right to maintain relationships and connections that matter to you — with family, friends, and your broader community
• The right to have your gender identity, sexual orientation, and religious beliefs respected without discrimination

Culturally and linguistically diverse communities may need translation or cultural adjustments in care. Indigenous older people may require culturally safe services that respect traditions and connection to community. Providers must ensure policies, training and services account for these differences.

4. The Right to be Free From Abuse and Neglect

You have a right to live without abuse and neglect. You should feel safe, whether you are receiving residential aged care, services in your own home, or other aged care services.

This means:

• Physical, emotional, financial, and sexual abuse are all completely unacceptable and must be reported
• Neglect — failing to provide adequate food, medication, hygiene, or medical care — is equally unacceptable
• Staff have obligations to report any abuse or neglect they witness or suspect
• The new Act increases protections for whistleblowers — people who call out issues. Older people, families, representatives, and aged care workers can report a person or organisation who has not followed aged care law without fear of reprisal.

What to do if you suspect abuse or neglect: Contact the Aged Care Quality and Safety Commission on 1800 951 822 — this is a free call available to anyone concerned about the quality or safety of aged care.

5. The Right to Raise Concerns and Make Complaints

One of the most important rights in the new Act is the right to complain — and to do so without fear of any negative consequences for your care.

An independent Complaints Commissioner, appointed by the Minister for Aged Care, promotes the independence, transparency, and accountability of complaints handling by the Aged Care Quality and Safety Commission.

This means:

• You can raise concerns with your provider directly at any time
• If you are not satisfied with your provider’s response, you can escalate to the Aged Care Quality and Safety Commission
• You have the right to have an advocate support you through any complaints process
• You have the right to raise concerns without fear of reprisal — providers are legally required to listen and respond quickly and fairly.

It is okay to complain. Just as positive feedback can reinforce things that work well, your complaints can help improve care and services. A complaint is not disloyalty — it is an exercise of your legal right and a contribution to better care for everyone.

6. The Right to Participate in Decisions About Your Care

Your care plan is not something that happens to you — it is something that should be developed with you.

This means:

• You must be genuinely involved in developing, reviewing, and updating your care plan
• Your preferences, goals, and priorities must be reflected in your care plan
• You can have a family member, friend, or advocate present during any care planning discussions
• If your needs change, your care plan must be reviewed and updated

Registered supporters: Under the new Act, older people’s right to make decisions about the care they receive and the risks they are willing to take is enshrined in legislation. Older people can register one or more people to assist them — these people are referred to as their supporters. This is separate from a Power of Attorney — a registered supporter helps you make and communicate your own decisions, rather than making decisions on your behalf.

7. The Right to Information

You have the right to clear, accurate information about:

• The care and services available to you
• The fees and charges you will be asked to pay
• The quality ratings of your facility — available through the My Aged Care website
• Your rights under the Statement of Rights — which your provider is legally required to give you and explain to you

All registered aged care providers must provide and explain information about your rights under the Statement of Rights to you, and where relevant, your registered supporters. They must also provide a copy of the Statement of Rights, help you understand the information in it, and keep records of your shared understanding and agreement with it.

8. The Right to Continuity of Care

Your care should not be disrupted without good reason and proper notice. This means:

• Providers must give you adequate notice and support if your care arrangements need to change
• You cannot be asked to leave a facility without following proper legal processes
• Your care should be consistent and delivered by workers with appropriate qualifications and experience

What Has Changed Since November 2025 — Key Improvements

For families who have been navigating the aged care system for a while, here is what is genuinely new and stronger under the new Act:

Additional rules took effect from April 2026 on care minute accountability — provider funding is now linked to demonstrated delivery. Government price caps for Support at Home services will apply from 1 July 2026.

Stronger legal enforceability: The previous Charter lacked the strong legal enforceability of the new system. The Statement of Rights is now fully legally enforceable — providers who fail to uphold these rights face genuine regulatory consequences.

Stronger complaints infrastructure: An independent Complaints Commissioner now oversees the complaints process — separate from the quality regulator — providing greater independence and accountability.

Stronger whistleblower protections: Anyone — resident, family member, or worker — can now report concerns about aged care without fear of negative consequences.

Stronger staffing requirements: New regulatory requirements support your right to receive quality and safe care, including being an active participant in decision-making about your care. Aged care providers will be registered with the Aged Care Quality and Safety Commission with registration renewed every three years.

Commonwealth Home Support Programme: The Commonwealth Home Support Programme will transition to Support at Home no earlier than 1 July 2027 — so if you or a loved one is currently on CHSP, no changes are required before that date.

Financial protections: The No Worse Off principle is a financial protection built into the aged care reforms. If you were receiving a Home Care Package or approved for one as of 12 September 2024, your contributions under Support at Home will be the same or lower than under the old system. Similarly, residents in permanent residential care on or before 31 October 2025 keep their existing fee arrangements unchanged for the entirety of their stay. Full pensioners who paid no fees previously continue to pay nothing.

What to Do If Your Rights Are Not Being Upheld

Step 1 — Talk to your provider first Raise the concern directly with the facility manager or care coordinator. Many issues are resolved at this level — and providers are legally required to respond promptly and fairly.

Step 2 — Contact the Aged Care Quality and Safety Commission If your provider does not resolve your concern satisfactorily, contact the Commission:

• Phone: 1800 951 822 (free call)
• Website: agedcarequality.gov.au
• Available to residents, families, and anyone concerned about aged care quality

Step 3 — Contact an aged care advocate The Older Persons Advocacy Network (OPAN) provides free, independent advocacy for older people in aged care — helping you understand your rights and supporting you through complaints processes.

• Phone: 1800 700 600
• Website: opan.org.au

Step 4 — Seek legal advice For serious or unresolved matters — particularly those involving financial abuse, significant neglect, or unlawful eviction — a lawyer specialising in elder law can advise on your legal options.

Practical Tips for Residents and Families

Ask for a copy of the Statement of Rights Your provider is legally required to give you one and explain it to you. If they have not done so, ask for it directly.

Keep a record of concerns If you have a concern about care, write it down with dates and specific details before raising it. This record is valuable if the concern needs to be escalated.

Know that you can have support You do not have to navigate the complaints process alone. Advocates, family members, and registered supporters can all assist.

Check quality ratings online The My Aged Care website publishes quality information about registered providers — including any compliance actions taken against them. This information is publicly available and worth checking.

Remember your rights apply from day one Your rights under the Statement of Rights apply from the moment you begin accessing government-funded aged care — not just after something goes wrong.

As I wrote in how to choose the right aged care facility for your parent — understanding your rights before you enter a facility puts you in a fundamentally stronger position from the very beginning.

A Word to Family Members and Carers

If you are supporting a parent or loved one in residential aged care, you play a genuinely important role in ensuring their rights are upheld.

Visit regularly if you can — not to monitor, but because your presence matters to the person you love and sends a clear signal to staff that this resident has people who care about them and are paying attention.

Ask questions about the care plan, about any changes in health or behaviour, and about how your loved one’s preferences are being incorporated into their daily life.

And do not hesitate to raise concerns — formally if needed. As I wrote in how to stay involved in your parent’s care after they move into aged care — the residents whose families are involved and engaged tend to receive better care. That is not an indictment of the system — it is a reality worth acting on.

The Bottom Line

Australia’s aged care rights framework is now stronger than it has ever been — with legally enforceable rights, an independent Complaints Commissioner, stronger staffing requirements, and a system genuinely reoriented around the needs and dignity of older people rather than the administrative convenience of providers.

Knowing these rights — and being willing to exercise them — is one of the most important things any resident or family member can do.

You are entitled to safe, dignified, high quality care. That is not a favour. It is your legal right.

Do you have questions about your rights in aged care or your parent’s rights? Share them in The Good Years Club community — we would love to help 💙

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