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Your rights under the new Aged Care Act

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Blocks lined up that spell "human rights"

The Royal Commission into Aged Care Quality and Safety (Royal Commission) released its final report in March 2021, outlining ways to improve the aged care system. 

The Royal Commission’s primary recommendation was to develop a new rights-based Aged Care Act. The new Act starts on 1 November 2025.  

Upholding the rights of older people 

The new Aged Care Act focuses on upholding older people’s right to: 

  • Make their own decisions about their own life 
  • Have their decisions accepted and respected 
  • Get information and support to help make their own decisions 
  • Communicate their wishes, needs and preferences 
  • Feel safe and respected 
  • Have their culture and identity respected. 

The new Act will: 

First Nations people

The government will provide funding for First Nations assessment organisations to ensure assessments:

  • Are culturally safe
  • Are trauma-informed
  • Better connect older First Nations people with appropriate services.

If you, as a First Nations person, are concerned about the quality of your care, you have a right to speak up. Watch this video for more information.

How will these obligations be enforced?

All providers must have a complaints management process in place to resolve issues quickly and fairly. If they don’t, older people and their supporters have the right to escalate the issue to the Aged Care Quality and Safety Commission (the Commission) without fear of punishment. Read more about how to raise a concern or make a complaint.

The Commission will work with providers to improve performance and reduce risks to the health and safety of older people. For example, they may:

  • Undertake additional monitoring activities
  • Issue notices requiring a provider to address identified issues.

The Commission’s responses to non-compliance could include:

  • Compelling providers to take action at their own expense
  • Fines for providers or workers
  • Significant civil penalties for serious breaches.

Read more about how to make a complaint about:

 

Resources for Aged Care participants

 

Available Resources

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