Aged Care Rights in South Australia
Reviewed by the Commoner Law Editorial Team. 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, you are protected by the Charter of Aged Care Rights under the Aged Care Act 1997. The Charter sets out 14 rights that apply to all Commonwealth-funded aged care, including residential care, home care packages, and services under the Commonwealth Home Support Programme.
Key rights include:
- Safe and quality care that meets your needs
- Dignity, respect, and independence in daily life
- Control over your personal and social life, including choosing who visits you
- Information about your care, fees, and the services you receive
- Freedom to complain without fear of losing your care
All aged care providers must meet the Aged Care Quality Standards, which are enforced by the Aged Care Quality and Safety Commission. Providers are regularly audited and can be sanctioned or shut down for failing to meet these standards.
Access to aged care starts with an assessment through My Aged Care (phone: 1800 200 422), the government gateway to aged care services.
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 Charter — your provider must give you one and explain your rights.
- 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 Home Care Package 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.
How South Australia differs from federal law
Aged care is primarily regulated by federal law under the Aged Care Act 1997 (Cth). SA has a significant aged care sector with both government-funded and private providers.
- SA residents can access federally funded aged care services including Home Care Packages (HCP), Commonwealth Home Support Programme (CHSP), and residential aged care through My Aged Care (myagedcare.gov.au).
- SA has a large number of aged care providers including ACH Group, Resthaven, Southern Cross Care SA, and various church and community organisations.
- The Aged Care Quality and Safety Commission regulates all federally funded aged care providers in SA, conducting accreditation assessments and handling complaints.
- SA Health provides Older Persons Mental Health Services through the public health system, and the Aged Rights Advocacy Service (ARAS) is an SA-based advocacy organisation providing free information and support for older people.
- Elder abuse concerns in SA can be reported to the SA Adult Safeguarding Unit under the Ageing and Adult Safeguarding Act 1995 (SA), which has specific powers to investigate and respond to abuse of vulnerable adults.
Additional Steps in South Australia
Contact My Aged Care (1800 200 422) to access aged care services. For complaints about aged care quality, contact the Aged Care Quality and Safety Commission (1800 951 822). For advocacy support, contact the Aged Rights Advocacy Service (ARAS) (aras.org.au or 08 8232 5377). Report elder abuse to the SA Adult Safeguarding Unit (1800 372 310).
Relevant Law: Aged Care Act 1997 (Cth); Ageing and Adult Safeguarding Act 1995 (SA); Aged Care Quality and Safety Commission Act 2018 (Cth)
Common Questions
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 Charter — your provider must give you one and explain your rights.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 Home Care Package statements regularly to...
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.