Since the new Aged Care Act took effect on 1 November 2025, something fundamental has changed for older Australians in care: for the first time in the country’s history, their rights are legally enforceable. At the heart of this sits the Statement of Rights. But what does it actually mean in practice, and how can older people and families use it? Here’s a plain-language guide.
A Rights-Based System
The previous aged care laws dated back to 1997, a different era for how families accessed care and what was expected of providers. The new Aged Care Act 2024 replaced them with a system built on a rights-based foundation, putting the older person, rather than the provider or the system, at the centre.
The cornerstone is the Statement of Rights, which sets out what older people are entitled to when seeking or receiving government-funded aged care. Crucially, providers are now legally obliged to deliver services in line with it. It’s not a guideline or an aspiration; it’s enforceable.
What the Statement of Rights Covers
The Statement of Rights spans the things that matter most to quality of life and dignity in care, including independence, autonomy, and freedom of choice; respect for privacy; quality and safe care; the ability to take part in decisions about your own care; and the right to raise concerns and complaints without fear of being treated badly as a result.
In plain terms, it affirms that older people don’t surrender their dignity, their voice, or their right to make their own decisions when they enter aged care.
Backed by Stronger Standards and Oversight
The Statement of Rights doesn’t stand alone. It’s reinforced by seven strengthened Quality Standards covering areas including clinical care, food and nutrition, dementia care, diversity, and governance, which all registered providers must meet as a condition of registration.
The new framework also created a dedicated Aged Care Complaints Commissioner focused on rights-based complaints handling, and strengthened whistleblower protections so older people, families, and workers can raise concerns about a provider safely.
How to Use Your Rights
Knowing your rights only helps if you can act on them. A few practical points:
If something isn’t right, you can raise it. The Statement of Rights specifically protects your ability to complain without reprisal. You can contact the Aged Care Quality and Safety Commission directly. For independent, free, and confidential support, the Aged Care Advocacy Line (1800 700 600) can help you understand and exercise your rights. And when comparing providers, you can now see how they spend on care, food, and staff through the Find a Provider tool, helping you choose one whose practice matches the rights on paper.
The Bottom Line
The shift to a rights-based system is one of the most meaningful changes in the aged care reforms. But as advocates note, the real test is whether the provider in front of you lives by these principles every day, not just what the law says. Knowing your rights, and being willing to use them, is how families can help make sure the two match.
Epik Wire explains aged care reform in plain language for older Australians and their families. Subscribe to our newsletter to stay informed.
