Aged care rights and how to make a complaint
· Aged care · Source checked 12 October 2026
Under the new Aged Care Act, older people have a Statement of Rights. Here is what it means and what to do if something is not right.
A rights-based system
Australia’s new Aged Care Act began on 1 November 2025. It takes a rights-based approach and includes a Statement of Rights, which replaced the Charter of Aged Care Rights. The aim is that older people and their wishes stay at the centre of the system.
What your rights include
In summary, you have the right to make your own decisions and to be supported to make and communicate them, to have your decisions respected, to receive the information you need, to feel safe and respected, to have your culture and identity respected, and to stay connected with your community.
Your provider should explain these rights to you, and they should be reflected in your service agreement for in-home services or your resident agreement in an aged care home.
If something is wrong
Raise it early with your provider where you feel able to. There are separate routes for concerns about a provider, an assessment or its outcome, the calculation of costs, Support at Home prices, a My Aged Care service, an appointed decision-maker and elder abuse. If you are not satisfied with how a complaint was handled there are further options.
In urgent or unsafe situations, contact emergency services first.
You do not have to do it alone
Independent aged care advocates can help you understand your rights, raise concerns and make complaints. The service is free, independent and confidential, and it also helps people experiencing elder abuse. Family, friends and registered supporters can help too. This is general information, not legal advice.
What providers are expected to do
Registered providers must give you a copy of the Statement of Rights, help you understand it and keep a record of that shared understanding. They are expected to deliver services in a way that treats you as an individual and respects your rights.
A good response to a concern acknowledges it, explains what will happen and by when, and follows up. If you do not get that, say so in writing and use the other routes described on the official pages.
Frequently asked questions
What are my rights in aged care?
Australia’s new Aged Care Act began on 1 November 2025. It takes a rights-based approach and includes a Statement of Rights, which replaced the Charter of Aged Care Rights. In summary, you have the right to make your own decisions and to be supported to make and communicate them, to have your decisions respected, to receive the information you need, to feel safe and respected, to have your culture and identity respected, and to stay connected with your community.
What should I do if something is wrong with my aged care?
Raise it early with your provider where you feel able to. There are separate routes for concerns about a provider, an assessment or its outcome, the calculation of costs, Support at Home prices, a My Aged Care service, an appointed decision-maker and elder abuse. In urgent or unsafe situations, contact emergency services first.
Who can help me make a complaint?
Independent aged care advocates can help you understand your rights, raise concerns and make complaints. The service is free, independent and confidential, and it also helps people experiencing elder abuse. Family, friends and registered supporters can help too.
What must registered providers do about the Statement of Rights?
Registered providers must give you a copy of the Statement of Rights, help you understand it and keep a record of that shared understanding.
Keep learning
- Registered supporters in aged care: helping someone make their own decisions: Under the new Aged Care Act you can choose who supports you. Here is what a registered supporter is, what they can do and how to set it up.
- Support at Home explained: how in-home aged care works: Support at Home is the program that helps older people stay in their own homes. Here is how it works, from approval to choosing a provider.
- Getting an aged care assessment: what to expect: The assessment is the first step to government-funded aged care. Here is how to apply, what the assessor does and what to do while you wait.
- Aged care costs: what you may be asked to contribute: What you pay depends on the type of care, the provider, your finances and the services you receive. Here is how to make sense of it and what to ask.
More in our aged care support guide, our step-by-step guides, or the aged care providers listed on the My Aged Care register.
Official sources
- My Aged Care: Know your rights
- My Aged Care: Making a complaint
- My Aged Care: Understanding your rights and how to raise concerns
- My Aged Care: Seeking support from an advocate
Source checked 12 October 2026. Rules and guidance can change; verify current details with the responsible agency. How we write and check our guides.