Know your rights under the new Aged Care Act

 

Knowing your rights is an important part of feeling confident and in control of your care.

Everyone deserves to feel safe, respected and heard when receiving care - and soon, those rights will be strengthened by law. From 1 November 2025, the new Aged Care Act will come into effect, introducing a Statement of Rights for all people receiving government-funded aged care services. This new Statement clearly sets out what you can expect from your care - whether you live in an aged care home or receive support in your own home.

This Statement of Rights replaces the current Charter of Aged Care Rights and is a more robust, rights-based framework for the future of aged care in Australia.

At McLean Care, we’re here to help you understand these rights and make sure they’re upheld in every part of your care journey.

What is the Statement of Rights?

The Statement of Rights is a legal provision embedded in the new Aged Care Act.

Its purpose is to clearly set out the rights of older people when accessing (or seeking to access) government-funded aged care services, whether in home care or in residential aged care.

Under the new Act, aged care providers and workers will have legal obligations to ensure that their actions align with the Statement of Rights.

The Statement of Rights has several core themes, including:

Independence, autonomy, empowerment and freedom of choice

You have the right to make your own decisions, have them respected, and choose how you live, even if some personal risk is involved.

Equitable access

You have the right to access aged care services fairly and without discrimination.

Quality and safe funded aged care services

You have the right to receive safe, high-quality care and services.

Respect for privacy and information

You have the right that your personal information be properly handled, and to access information about your care and services.

Person-centred communication and ability to raise issues without reprisal

You have the right to communicate your needs, wishes and preferences; raise concerns or complaints safely; and expect a fair response without retaliation.

Advocates, significant persons and social connections

You have the right to be supported by people you trust (such as an advocate) and to maintain your social connections.

Your rights when receiving aged care

Putting these themes into more concrete terms, under the new Statement of Rights you will have the right to:

• Safe, high-quality care and services
• Be treated with dignity, respect and without discrimination
• Have your identity, culture, diversity, background and preferences recognised and supported
• Live free from abuse or neglect
• Be informed about your care and services in a way you can understand
• Access all information about yourself – including information about your rights, your care plan and services
• Exercise control over your care and personal life, including taking personal risk if you choose
• Make decisions about your daily life, personal affairs, financial affairs and property
• Maintain your independence
• Be listened to, understood and genuinely involved
• Appoint a person of your choice (including an aged care advocate) to support or speak for you
• Raise complaints or feedback free from reprisal, and have those complaints handled fairly and promptly
• Protect your personal privacy, and have your personal information kept safe
• Exercise your rights without it negatively impacting the care or treatment you receive

These rights are consistent with, and build upon, existing expectations of respectful care, but with stronger enforceability under the new law.

How McLean Care will support and uphold these rights

At McLean Care, we are committed to embedding the Statement of Rights into our everyday operations. We will:

• Provide person-centred, respectful and inclusive care, always acknowledging your individuality
• Listen attentively to your preferences, choices and feedback, and ensure your voice shapes your care
• Make it simple for you to provide feedback or raise concerns, and ensure swift and fair responses
• Equip our staff with training and support on rights-based care under the new Act
• Regularly review your care and adjust it to match your evolving needs and preferences
• Help you understand your rights, answer your questions, and support you to access advocates or interpreters
• Ensure decisions and processes at McLean Care are transparent, fair and aligned with the Statement of Rights

We see these rights not just as legal obligations, but as the foundation of dignity, trust and partnership between us and the people we care for.

What to expect and how you can take part

When new clients and residents receive care from McLean Care, we will provide you with a copy of the Statement of Rights (in plain language). Signing it is optional and will not affect the care you receive; the purpose is to confirm you’ve had it explained.

We will support you to:

• Understand your rights (including in your first language or via interpreters)
• Secure help from an aged care advocate or registered supporter, if you wish
• Raise concerns or complaints safely and confidently

If you have questions or want further support to understand your rights:

• Speak with your McLean Care care team on 1300 791 660
• Contact the Older Persons Advocacy Network (OPAN): 1800 700 600 (free advocacy support) or visit OPAN’s website at opan.org.au

At McLean Care, we believe everyone deserves care that is safe, respectful, responsive, and centred on what matters most to you. The Statement of Rights strengthens those commitments in law, and we are ready to walk this next chapter with you.