Aged Care Rights in Australia (2026 Legal Guide) — Rules & Requirements
About this article
Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
If you receive government-funded aged care in Australia, your rights now sit in the Aged Care Act 2024, which commenced on 1 November 2025 and replaced the old Aged Care Act 1997. The centrepiece is a legally enforceable Statement of Rights — a shift from the earlier Charter of Aged Care Rights to rights that providers must actively uphold. The reforms followed the 2018–21 Royal Commission into Aged Care Quality and Safety.
Among the rights protected:
- Safe and quality care that meets your needs
- Dignity, respect, and independence in daily life
- Control over your personal and social life, including who visits you
- Information about your care, fees, and the services you're receiving
- Freedom to complain without fearing loss of care
The new Act also introduced the Support at Home programme (replacing Home Care Packages and the Short-Term Restorative Care programme) and revised, income-tested fee arrangements. All providers must meet the Aged Care Quality Standards, enforced by the Aged Care Quality and Safety Commission; sanctions and shutdowns happen, particularly post-Royal-Commission.
The way into the system is an assessment through My Aged Care on 1800 200 422 — the federal gateway for everything from basic home help to a residential placement.
When does it apply?
- You receive or are applying for Commonwealth-funded aged care (residential care, home care packages, or the Commonwealth Home Support Programme).
- You are aged 65 or over (or 50 or over for Aboriginal and Torres Strait Islander people).
- You have been assessed by an Aged Care Assessment Team (ACAT) or Regional Assessment Service (RAS).
What to Do If You Are Receiving Poor Quality Aged Care in Australia
- Contact My Aged Care on 1800 200 422 to start an assessment for services.
- Ask for a copy of the Statement of Rights — your provider must give you one and explain your rights under the Aged Care Act 2024.
- Raise concerns directly with your provider first — they are required to have a complaints process.
- If the provider does not resolve your complaint, contact the Aged Care Quality and Safety Commission on 1800 951 822.
- Request an income and means assessment from Services Australia to find out what you will pay. Fees are income-tested, and there are annual and lifetime caps on care costs.
- Review your Support at Home statements regularly to check what you are being charged.
What should you NOT do?
- Don't accept poor care in silence — you have the right to complain without losing your place or being treated differently.
- Don't sign agreements you don't understand — ask for an explanation or get independent advice before signing.
- Don't assume you have no choice of provider — you can choose and change your aged care provider.
- Don't pay more than you should — aged care fees are regulated and you can ask for a fee review.
About Healthcare Rights in Australia
If you're an Australian citizen, permanent resident, or eligible visa holder, Medicare (under the Health Insurance Act 1973) covers public hospital care and subsidises GP visits. The Pharmaceutical Benefits Scheme (under the National Health Act 1953) caps what you pay per script. The Australian Charter of Healthcare Rights covers informed consent, access to records, and complaints. The Aged Care Act 2024 rewrote aged-care standards. Mental health sits with the states, but Medicare's Better Access rebates roughly 10 psychology sessions a year.
Common Questions
What is the aged care rights right in Australia?
If you receive government-funded aged care in Australia, your rights now sit in the Aged Care Act 2024, which commenced on 1 November 2025 and replaced the old Aged Care Act 1997. The centrepiece is a legally enforceable Statement of Rights — a shift from the earlier Charter of Aged Care Rights to rights that providers must actively uphold. The reforms followed the 2018–21 Royal Commission into Aged Care Quality and Safety.Among the rights protected:Safe and quality care that meets your needsDignity, respect, and independence in daily lifeControl over your personal and social life, including...
When does aged care rights apply?
You receive or are applying for Commonwealth-funded aged care (residential care, home care packages, or the Commonwealth Home Support Programme).You are aged 65 or over (or 50 or over for Aboriginal and Torres Strait Islander people).You have been assessed by an Aged Care Assessment Team (ACAT) or Regional Assessment Service (RAS).
What should I do if my aged care provider is not meeting my rights or needs in Australia?
Contact My Aged Care on 1800 200 422 to start an assessment for services.Ask for a copy of the Statement of Rights — your provider must give you one and explain your rights under the Aged Care Act 2024.Raise concerns directly with your provider first — they are required to have a complaints process.If the provider does not resolve your complaint, contact the Aged Care Quality and Safety Commission on 1800 951 822.Request an income and means assessment from Services Australia to find out what you will pay. Fees are income-tested, and there are annual and lifetime caps on care costs.Review your...
What mistakes should I avoid with aged care rights?
Don't accept poor care in silence — you have the right to complain without losing your place or being treated differently.Don't sign agreements you don't understand — ask for an explanation or get independent advice before signing.Don't assume you have no choice of provider — you can choose and change your aged care provider.Don't pay more than you should — aged care fees are regulated and you can ask for a fee review.
Aged Care Rights in other states
Same topic, different jurisdiction. Pick the one that applies to you.