The Charter of Aged Care Rights sets out the 14 rights that protect people receiving aged care. Everyone receiving aged care services has the same rights, regardless the type of care.
Your rights, and how your provider will support them, should be included in your Home Care Agreement (for Home Care Packages) or Resident Agreement (for aged care homes) with your service provider.
I have the right to:
- be safe and high quality care and services
- be treated with dignity and respect
- have my identity, culture, and diversity valued and supported
- live without abuse and neglect
- be informed about my care and services in a way I understand
- access all information about myself, including information about my rights, care and services
- have control over and make choices about my care, and personal and social life, including where the choices involve personal risk
- have control over, and to make decisions about, the personal aspects of my daily life, financial affairs and possessions
- my independence
- be listened to and understood
- have a person of my choice, including an aged care advocate, support me or speak on my behalf
- complain free from reprisal, and to have my complaints dealt with fairly and promptly
- personal privacy and to have my personal information protected
- exercise my rights without it adversely affecting the way I am treated
Can someone help me to understand my rights?
Your aged care provider is required to help you understand your rights before you begin receiving services.
Your provider is also required to sign the Charter of Aged Care Rights and give you the option of signing it, too. If you don’t sign it, you can still receive care and services. If you do sign the Charter, you acknowledge that you have received it and understand your rights.
If you want to speak with someone other than your provider, you can get independent advice. You can speak with an advocate about your rights, or you can visit the Older Persons Advocacy Network website.
The Charter of Aged Care Rights booklet can also help you understand your rights, and how to exercise them.
It’s important to know that you still have all the same legal rights as every Australian. For example, you have rights to privacy, consumer rights, and the right to be free from discrimination under relevant laws. The rights described in the Charter are in addition to these.
If you are made to feel unsafe or uncomfortable or have a concern about your rights, you should tell someone. This could be your aged care provider, a staff member, a friend, family member, an aged care advocate, or anyone you trust.
If you are concerned about the quality of your or someone else’s care, or believe that rights are not being upheld, it is important to talk about it.
You should talk to your aged care provider first. It’s okay to complain. Just as positive feedback can reinforce things that work well, your complaints can help improve care and services.
If you are not comfortable talking to your provider, or feel that they haven’t resolved your complaint, these organisations can help you:
National Aged Care Advocacy Program (NACAP)
You have the right to call on an advocate of your choice to represent you when you interact with your service provider.
Find out more about advocacy.
Aged Care Quality and Safety Commission
If you, your carer, or anyone else is concerned about the care or services you receive, you can make a complaint to the Aged Care Quality and Safety Commission.
Read more about how to make a complaint.
Mental health statement of rights and responsibilities
- This statement acknowledges the contributions and expertise of informal, professional, non-professional and statutory carers and support persons.
- Australian governments and the Australian community should endeavour to assist carers and support persons in their respective roles.
- Carers and support persons who are young have special needs and are entitled to special support and consideration.
- Carers and support persons have the right to:
- respect for their individual human worth and dignity
- respect for their privacy
- respect for their confidentiality
- comprehensive information, education, training and support to facilitate their care and support roles
- receive services that assist them to provide care and support
- contribute to and participate in the development of social, health and mental health policy
- place limits on their availability to the mental health consumer
- access mechanisms of complaint and redress if they are dissatisfied with the treatment or support provided to the mental health consumer
- receive support for their own difficulties that may be generated through the process of supporting, caring for or acting as an advocate for the mental health consumer
- provide information concerning family relationships and any matters relating to the mental state of the mental health consumer to health service providers.
- With the consent of the mental health consumer, and where it is appropriate to do so in accordance with legislation and policy, guardians, carers and support persons have the right to:
- contact the mental health consumer while they are undergoing treatment
- participate in treatment decisions and decisions about ongoing care
- seek and receive additional information about the mental health consumer's support, care, treatment, rehabilitation and recovery
- be consulted by service providers about treatment approaches being considered for the mental health consumer
- arrange support services for the mental health consumer, such as respite care, counselling and community care facilities
- be provided with any information that the mental health consumer requests they should receive.
- Carers and support persons have the responsibility to:
- respect the humanity and dignity of the mental health consumer
- consider the opinions and skills of professional and other staff who provide assessment, individualised care planning, support, care, treatment, recovery and rehabilitation services to mental health consumers
- cooperate, as far as is possible, with reasonable programs of assessment, individualised care planning, support, care, treatment, recovery and rehabilitation.
- Families, guardians, carers and support persons of children and young people have the responsibility to obtain appropriate professional assistance if they believe that a child or young person has a mental health problem or a mental illness.
The Australian Charter of Healthcare Rights describes the rights of clients and other people using the health system. These rights are essential to make sure that wherever and whenever care is provided, it is of a safe standard. To ensure your care provider can give you the best care, you are asked to:Client Responsibilities
Silverchain Group acknowledges the Traditional Owners of country throughout Australia and recognise their continuing connection to land, waters and culture. We pay our respects to their Elders past, present and emerging.