Your rights in aged care — what the new Act means for you

The Aged Care Act 2024 came into force in July 2024 and fundamentally changed the legal framework for aged care in Australia. For the first time, older Australians receiving aged care have explicit, enforceable rights written into law — and providers have corresponding obligations to uphold them. This guide explains what changed and what you're now entitled to.

The new Act — what changed in July 2024

The previous aged care legislation focused primarily on providers — what they must do, how they are funded, how they are regulated. The new Aged Care Act 2024 fundamentally reorients the system around the person receiving care. Key changes include:

• A legislated Statement of Rights for people receiving aged care
• Stronger obligations on providers to treat people with dignity and respect
• New accountability requirements for boards and executives of aged care providers
• Strengthened protections for people from abuse, neglect, and exploitation
• A clearer complaints and escalation pathway
• Increased powers for the Aged Care Quality and Safety Commission (ACQSC) to investigate and act

Statement of Rights — 8 rights in plain language

The Statement of Rights enshrined in the new Act covers eight areas. Every person receiving government-funded aged care is entitled to all of these:

• 1. Safe and quality care Care that is safe, effective, and meets your assessed needs — delivered by competent, supported workers in a safe environment.
• 2. Dignity and respect To be treated with dignity, compassion, and respect — including having your identity, culture, and background acknowledged and honoured.
• 3. Choice and control To make decisions about your own care, including the right to be involved in care planning, to refuse services, and to choose your provider.
• 4. Privacy and confidentiality Your personal information is kept private and secure. You can access your own records.
• 5. Be free from abuse and neglect To be protected from all forms of abuse — physical, psychological, financial, sexual, and neglect — and to have concerns acted on immediately.
• 6. Make complaints without negative consequences To raise concerns and complaints without fear of retaliation, and to have those complaints addressed fairly and promptly.
• 7. Receive information To receive clear, timely information about your care, your rights, costs, and any changes that affect you.
• 8. Have your identity and relationships respected Including cultural identity, religious beliefs, relationships, and the right to intimacy and sexuality.

If your rights are violated — what to do

If you believe your rights have been violated by an aged care provider, there is a clear escalation pathway:

1. Raise it with the provider directly. All aged care providers are required to have a complaints process. Ask to speak to the person in charge of quality and complaints.
2. Contact the Aged Care Quality and Safety Commission (ACQSC) if the provider does not resolve the issue. Call 1800 951 822 (free call, Monday–Friday 9am–5pm). The ACQSC can investigate, mediate, and take regulatory action against providers.
3. Contact your state's health complaints body for health-specific concerns (e.g. Health Complaints Commissioner in Victoria, NSW Health Care Complaints Commission).
4. Seek independent advocacy through the National Aged Care Advocacy Program (NACAP) — free, independent advocates who can support you through a complaint. Contact through the ACQSC.

New provider accountability requirements

The 2024 Act introduced significant new obligations on aged care providers, not just their frontline staff. Provider boards and executives are now personally accountable for the quality and safety of care delivered. This includes:

• Provider boards must include members with experience in aged care
• CEO and board members must meet fit and proper person requirements
• Providers must report serious incidents to the ACQSC within 24 hours
• Worker screening requirements were strengthened
• Providers must publish quality information publicly

How to make a complaint — step by step

1. Document the concern — write down what happened, when, who was involved, and the impact on the person receiving care
2. Raise it with the provider's complaints officer or manager in writing (email is fine) so you have a record
3. Request a written response within a reasonable timeframe (typically 10–14 days)
4. If not resolved, contact the ACQSC on 1800 951 822 or at agedcarequality.gov.au ↗
5. If you need support through the process, ask for a NACAP advocate through the same ACQSC number