The Aged Care Act 2024 introduces a comprehensive Statement of Rights that will transform aged care for every older Australian from 1 November 2025. This Statement of Rights is at the heart of the new legislation, ensuring that older people and their needs are at the centre of the aged care system.
According to the Department of Health, the Statement of Rights is a core part of the Act that promotes quality and safe care for older people accessing funded aged care services. It also serves as a reference for providers and workers, helping them understand how to deliver care that respects older people’s rights.
The Aged Care Act 2024 responds directly to the Royal Commission into Aged Care Quality and Safety, which found that current aged care legislation is structured around providers and how to fund them, rather than around the people accessing services and what they need. This comprehensive rights framework changes that by putting your rights at the centre of every aged care decision.
What your rights cover
Your rights under the new legislation explain what you’re entitled to when accessing, or seeking to access, funded aged care services. According to official government sources, these rights ensure older people can:
- Make decisions about their care and services: maintaining control over your aged care journey.
- Access safe, high quality aged care: receiving care that meets enhanced standards.
- Be treated with dignity and respect: ensuring person-centred, culturally appropriate care.
- Stay connected with family, friends and community: maintaining important relationships.
- Get support when they need it: accessing advocates and assistance with decisions.
These rights work together to create a person-centred aged care system that makes sure older people get the best care possible.
Your right to make decisions and stay in control
Under the new Act, older people are presumed to have the ability to make decisions. This represents a fundamental shift towards recognising your autonomy and control over your aged care experience. Making informed decisions about your care also extends to understanding the financial implications of different aged care options, including fees, funding arrangements and how your assets may be assessed.
The legislation promotes older people living active, meaningful lives the way they choose. This means you maintain control over decisions about your care, services and how you want to live your daily life.
Supported decision making:
Your rights recognise that some people may need support to exercise them effectively. Under the new Act, you can choose to have someone registered to support you in making decisions or communicating on your behalf.
This person is called a registered supporter and their role is based on a supported decision making model designed to ensure your autonomy and dignity while providing necessary assistance.
Your right to quality and safety
Under the new framework, you have the right to safe, high quality aged care that protects your physical and mental health and wellbeing.
The Act establishes your right to be free from violence, exploitation and neglect. This aligns with international human rights protections and ensures that aged care services prioritise your safety and security.
Enhanced quality standards:
Your rights work alongside strengthened Aged Care Quality Standards that will apply to providers. These standards include clear expectations for service delivery and quality care that respects your rights.
Providers must demonstrate they understand your rights and have practices in place to ensure funded aged care services are compatible with them.
Your right to dignity and respect
You are entitled to be treated with dignity and respect in all aspects of your aged care experience. This includes receiving care that is culturally appropriate and responsive to your individual needs, identity and preferences.
Cultural safety:
Special provisions address the needs of Aboriginal and Torres Strait Islander peoples. According to government materials, Aboriginal and Torres Strait Islander peoples have a right to stay connected with their community, Country and Island Home.
The Act aims to ensure culturally safe care that respects cultural identity and maintains important cultural connections.
Your right to privacy and information
Comprehensive privacy protections and your right to access information about your care and services form a key part of your rights framework.
Providers and anyone working in the aged care system must respect and protect your privacy and access to information. The Act includes a revised approach to privacy that ensures the system is transparent and helps you make informed decisions. This transparency is particularly important for understanding aged care costs, fee structures and how different financial arrangements might affect your entitlements and ongoing expenses.
You have the right to get information about the funded services you use. Communications should be person-centric, putting you first in all interactions and decision making processes.
Your right to communication and complaints
Effective communication and fair complaints processes are guaranteed when things go wrong.
You have the right to receive information about your care and services in ways you can understand. This includes access to interpreters and communication supports when needed.
Making complaints about your rights:
When you believe your rights are not being upheld, the Act provides clear pathways for resolution.
You should first raise concerns with your provider. All providers are required to have complaints management systems to address issues and resolve them quickly and fairly.
If issues cannot be resolved with your provider, complaints can be made to the Aged Care Complaints Commissioner. According to government sources, complaints processes will be a primary pathway used to help older people resolve concerns about their rights.
Your right to connection and advocacy
Maintaining connections to family, friends and community is recognised as essential for your wellbeing and quality of life.
You have the right to stay connected with people who are important to you, such as family, friends and carers. You also have the right to stay connected with your communities through leisure, spiritual or cultural activities and pets.
Accessing advocacy support:
Your rights include access to support when you need it. You may need support to understand your rights, make decisions, or make a complaint.
You have the right to access and get support from an advocate or someone else you choose. The Act supports helping you, your registered supporters, family, friends and advocates understand your rights and make informed decisions.
How providers must uphold your rights
All aged care providers now have binding obligations to respect your rights. Under the new Act, providers must take all reasonable and proportionate steps to act in line with your rights when they deliver aged care services.
Providers must show that they understand your rights and have systems in place to ensure compliance with them.
Provider responsibilities:
Enhanced obligations and registration conditions centre on upholding your rights. The registration process will include demonstrating understanding of your rights and implementing practices to respect them.
This means providers must structure their services around your rights rather than their own operational convenience.
How your rights are enforced
The Aged Care Act 2024 provides stronger powers for the Aged Care Quality and Safety Commission and the Department of Health, Disability and Ageing to enforce your rights.
The new regulatory model will change how the sector operates, with enhanced oversight focused on ensuring your rights are respected and upheld.
Pathways for upholding rights:
According to government sources, pathways will be available to uphold the rights set out in the legislation. Complaints processes will be a primary pathway, but the Act also includes other mechanisms to address harm for people who have received poor quality care.
The Act establishes a new framework that provides more protections for people who raise issues about their rights not being respected.
Worker protections support your rights
Enhanced worker protections encourage reporting of concerns about aged care quality and rights compliance.
The Act introduces an expanded whistleblower framework that protects workers from punishment, unfair treatment, threats and victimisation when they report concerns about aged care laws or rights violations.
This framework also protects worker identity except in limited circumstances or with consent, creating a safer environment for workers to speak up when your rights are not being respected.
What your rights mean for families
Your rights affect every aspect of aged care planning and decision making for Australian families. Understanding these rights is essential for ensuring quality care and appropriate service selection.
For families, your rights mean:
- Clear expectations of what aged care services should provide
- Better understanding of quality standards and service obligations
- Improved pathways for raising concerns about care quality
- Enhanced protections against poor quality care or rights violations
- Greater transparency in service delivery and decision making
- Better understanding of financial implications and fee structures when exercising choice of providers and services
The rights-based approach requires families to be more engaged in understanding and advocating for these rights to be respected.
Preparing for your new rights
The Aged Care Act 2024 and its comprehensive rights framework come into effect on
1 November 2025, aligning with the launch of the new Support at Home program.
The government has developed resources to help the aged care sector and families prepare for these changes, including training modules and information materials available through MyAgedCare.gov.au.
Getting ready:
Understanding your rights is the first step in preparing for the new system. The Department of Health recommends staying informed about the changes through official government channels and resources.
Professional financial planning becomes particularly valuable in this rights-based system, as exercising your right to choose providers and services requires understanding the cost implications and how different arrangements affect your financial situation.
For families, understanding these rights is crucial for planning aged care needs and ensuring quality care that respects the person-centred approach mandated by the new legislation.
Your rights: Foundation for quality aged care
The Aged Care Act 2024 rights framework represents a fundamental shift in how aged care operates in Australia. These comprehensive rights ensure that older people are at the centre of all aged care decisions and that services are delivered with respect, dignity and transparency.
Understanding your rights is essential for navigating the new aged care system and ensuring you receive the quality care you deserve. The rights-based approach creates both opportunities and responsibilities for older people and their families.
At Paris Financial, we recognise that the Aged Care Act 2024 rights framework creates new considerations for aged care planning. Our expertise in aged care financial planning can help families understand how these rights may affect their planning needs and decision making.
Contact Paris Financial today to discuss how your rights under the Aged Care Act 2024 may impact your aged care financial planning. We specialise in aged care financial strategies and can help you navigate the costs, fees and funding options while ensuring your financial arrangements support the quality, person-centred care you’re entitled to under the new rights framework.
Source: Department of Health, Disability and Ageing:
– About the new rights-based Aged Care Act
– About the Aged Care Act
– Statement of Rights
– What the new Aged Care Act means for you
– New ways of working in aged care
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The information in this article is general information only and is not intended to be a recommendation. We strongly recommend you seek advice from your financial adviser as to whether this information is appropriate to your needs, financial situation and investment objectives. Whilst every care has been taken in the preparation of this article, Paris Financial Services Pty Ltd, its directors, authors, consultants, editors and any persons involved in the construction of this article, expressly disclaim all and any form of liability to any person in respect of this article and any consequences arising from its use by any person in reliance upon the whole or any part of this article.
