Aged Care
Charter of Aged Care Rights Australia: What Changed in 2026 and What It Means for You
Quick Answer
From 1 November 2025, the 14-right Charter of Aged Care Rights was replaced by the Statement of Rights under the Aged Care Act 2024, a stronger, legally enforceable framework with 6 fundamental rights grounded in international human rights law. The old Charter's 14 rights still apply to residents who entered care before 1 November 2025.
Important 2026 update: The Charter of Aged Care Rights has changed. From 1 November 2025, the old 14-right Charter was replaced by the new Statement of Rights under the Aged Care Act 2024 — a stronger, legally enforceable framework with 6 fundamental rights grounded in international human rights law. This guide covers both the old Charter (for those who entered care before 1 November 2025) and the new Statement of Rights (for everyone entering care from that date).
What Is the Charter of Aged Care Rights?
The Charter of Aged Care Rights is the document that sets out what every person receiving Australian Government-funded aged care services is entitled to. It defines what quality, respectful, and safe care looks like in practice — and places legal obligations on providers to uphold those rights.
For decades, the Charter listed 14 rights covering dignity, safety, privacy, independence, and the right to complain. This version of the Charter applied from 1 July 2019 and remains relevant to people who entered residential aged care or were receiving home care before 1 November 2025.
From 1 November 2025, the old Charter was replaced by the Statement of Rights under the new Aged Care Act 2024. The Statement of Rights is a stronger, more explicitly rights-based framework—grounded in two international human rights conventions—with 6 fundamental rights that every registered provider must legally uphold.
Old Charter of Aged Care Rights
- Commenced: 1 July 2019
- 14 rights listed
- Applies to: residents who entered care before 1 November 2025
- Required under the Aged Care Act 1997
New Statement of Rights
- Commenced: 1 November 2025
- 6 fundamental rights
- Applies to: everyone receiving funded aged care from this date
- Required under the Aged Care Act 2024 — legally enforceable
The New Statement of Rights — 6 Rights Explained (From 1 November 2025)
The Statement of Rights under the Aged Care Act 2024 strengthens the protections provided by the old Charter. Unlike the previous charter—which was meaningful but difficult to enforce individually — the Statement of Rights carries full legal force. Every registered provider must uphold it, and the rights it contains can be enforced through the legal system.
The Statement of Rights is grounded in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights—the first time aged care rights in Australia have been explicitly anchored in international human rights law.
1
Independence, autonomy, and freedom of choice
You have the right to make your own decisions about your care, daily life, and personal matters — even when those decisions involve some personal risk. This replaces the outdated attitude that providers “know what is best” and gives older Australians the explicit right to choose for themselves.
What this means in practice: Staff explain options and seek your consent before care tasks. Your preferences about daily routines, meals, and activities are respected. You are never pressured into decisions that are not your own.
2
Equitable access
Every person — regardless of cultural background, language, religion, sexual orientation, gender identity, or disability — has the right to access quality aged care that is tailored to their individual identity and needs. Providers must ensure care is genuinely inclusive, not just nominally so.
What this means in practice: Cultural and linguistic needs are actively supported. LGBTQI+ residents are treated with full respect and dignity. Aboriginal and Torres Strait Islander residents receive culturally safe care.
3
Quality and safe aged care services
You must be treated with respect and not treated like a child. Every person receiving aged care has the right to safe, high-quality services delivered by competent, trained staff — with nursing care available around the clock and care plans that genuinely reflect each person’s needs.
What this means in practice: Registered Nurses are on-site 24 hours a day. Minimum care minutes are met. You are involved in decisions about your care plan and informed of any changes to your care.
4
Privacy and information protection
Providers must respect your personal space, protect your confidential information, and handle your health records appropriately. Your private life — including your relationships, finances, and personal information — must not be shared without your consent.
What this means in practice: Staff knock before entering your room. Health information is not discussed in public spaces. Your records are accessed only by authorised staff involved in your care.
5
Freedom from abuse, neglect, and exploitation
Every person in aged care has the right to live free from all forms of harm — physical, emotional, financial, and sexual. Providers must have active safeguards in place to prevent abuse and neglect, and must respond promptly and appropriately when harm occurs or is suspected.
What this means in practice: Clear reporting pathways exist for staff. Residents are protected from financial exploitation. Concerns about abuse are investigated promptly and independently.
6
A fair and accessible complaints process
You have the right to raise concerns and make complaints without fear of reprisal — and to have those complaints addressed promptly and fairly. You can also bring in an advocate or family member to support you through the process.
What this means in practice: Your care is never reduced or threatened because you raised a concern. Complaints are acknowledged, investigated, and followed through to resolution. You are told the outcome and what steps were taken.
The Old Charter of Aged Care Rights — 14 Rights (Still Applies to Some Residents)
If you or a family member entered residential aged care before 1 November 2025 and chose to remain under the previous fee arrangements, the old Charter of Aged Care Rights may still be the framework that formally applies to your situation. The 14 rights under the old Charter remain relevant and continue to be upheld by approved providers.
The 14 rights under the old Charter of Aged Care Rights:
- 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 my rights
- Have control over and make choices about my care and personal life
- Control over decisions about personal aspects of life, financial affairs and possessions
- My independence
- Be listened to and understood
- Have a person of my choice, including an advocate, support me
- Complain free from reprisal and have complaints dealt with fairly and promptly
- Personal privacy and my personal information protected
- Exercise my rights without it adversely affecting the way I am treated
While the new Statement of Rights uses six broader rights rather than fourteen specific ones, the substance of those protections is largely preserved and in many respects strengthened — particularly around enforcement, since the Statement of Rights carries full legal force that the old Charter lacked in practice.
What Rights Does a Client Receiving Aged Care Services Have?
Whether you entered care before or after 1 November 2025, the core answer is the same: you have the right to safe, high-quality, person-centred care delivered with dignity, respect, and genuine recognition of your identity and preferences. You have the right to make your own choices — including choices that involve personal risk. You have the right to privacy, to be free from harm, to complain without consequences, and to have an advocate support you at any time.
These rights apply whether you are receiving residential care, home care through the Support at Home programme, respite care, or palliative care. They apply 24 hours a day, across every shift, and regardless of staffing levels or operational pressures. No provider circumstance overrides your rights.
What Providers Must Do Under the Charter and Statement of Rights
Providers are not simply encouraged to uphold your rights — they are legally required to. Here is what this means in practice for residents and their families:
✓
Give you the Charter or Statement of Rights before care commences
You must receive a copy in a format and language you understand. You may be asked to sign it — but signing is optional. Your care cannot be denied or reduced because you choose not to sign.
✓
Support you to understand your rights
Providers must explain your rights clearly — not just hand you a document. If English is not your first language or you have difficulty reading, they must provide assistance or translation.
✓
Uphold your rights in every interaction, every day
Rights are not upheld only during audits or inspections. Every staff member — across every shift, including casual and agency workers — is bound by the Code of Conduct and must act in accordance with your rights at all times.
✓
Take your complaints seriously — without reprisal
If you raise a concern or make a formal complaint, your care must not change as a result. Complaints must be acknowledged, investigated, and resolved in a timely and transparent manner.
Your Right to Have Visitors and Maintain Relationships
One of the most important — and frequently searched — rights under both the Charter and the Statement of Rights is the right to maintain personal relationships and have visitors. This right is fundamental to the emotional and social wellbeing of aged care residents.
Under the Statement of Rights, your right to independence, autonomy, and personal choice explicitly includes the right to maintain social connections and relationships that matter to you. Providers cannot unreasonably restrict family visits or social contact. If access to visitors is ever limited — for infection control or other clinical reasons — this must be explained to you clearly, applied only for as long as necessary, and reviewed regularly.
You also have the right to nominate a family member, friend, or independent advocate to represent you in conversations with your provider at any time — including during complaints or care planning discussions.
How to Exercise Your Rights in Aged Care
1
Get a copy of your rights
Ask your provider for the Statement of Rights (or the Charter if you entered care before 1 November 2025). It must be given to you in a format you can understand.
2
Ask questions — about anything
You have the right to understand your care plan, your fees, and any decisions made about your care. Do not hesitate to ask for clarity — a good provider will welcome questions, not avoid them.
3
Bring in an advocate You have the right to bring a family member, friend, or independent aged care advocate to any meeting or discussion with your provider. The Older Persons Advocacy Network (OPAN) provides free, independent advocacy — call 1800 700 600.
4
Raise concerns early — do not wait If something does not feel right, raise it with the provider directly — the facility manager or Head of Care. Ask what action will be taken and by when. If you are not satisfied, escalate to the Aged Care Quality and Safety Commission on 1800 951 822.
5
Stay informed about changes
Aged care legislation and rights frameworks have changed significantly since 2025 and will continue to evolve. Keep across updates through My Aged Care (myagedcare.gov.au) and the ACQSC website (agedcarequality.gov.au).
Special Considerations for Vulnerable Groups
The Charter of Aged Care Rights and the Statement of Rights apply to everyone — but some groups face additional barriers to understanding and asserting their rights. Providers must take extra steps to ensure these groups receive genuinely equitable support:
| Group | Additional considerations |
|---|---|
| Culturally and linguistically diverse residents | Translation and interpretation services, culturally appropriate care practices, food and religious observance |
| Aboriginal and Torres Strait Islander peoples | Culturally safe care, connection to country and community, Aboriginal and Torres Strait Islander Flexible Aged Care Programme |
| People living with dementia | Adapted communication, supported decision-making, minimal use of chemical or physical restraint |
| LGBTQI+ seniors | Respectful recognition of identity, protection from discrimination, staff training in inclusive care |
Your Rights Matter — Every Day, Not Just on Paper
The Charter of Aged Care Rights and the new Statement of Rights exist because older Australians deserve more than good intentions. They deserve legally enforceable protections that hold providers accountable — not just during audits, but in every interaction, on every shift, across every type of care.
The shift from the old 14-right Charter to the new Statement of Rights under the Aged Care Act 2024 is not simply a renaming exercise. It represents a fundamental philosophical shift — from a compliance-based system in which providers were primarily held to process standards to a rights-based system in which the lived experience of older Australians is the measure of success. The rights are fewer but broader — and critically, they are now directly enforceable.
For families choosing an aged care provider, the Statement of Rights gives you a clear benchmark. Ask providers how they uphold each right in practice. Ask how they handle complaints. Ask how they support residents from diverse backgrounds. Ask what happens when something goes wrong. A provider with genuine systems and a healthy culture will answer these questions clearly and confidently.
At Superior Care Group, we have been upholding the rights of aged care residents in Queensland since 1979 — long before they were legislated. Our family-owned residences — Wellington Park in Wellington Point, Brisbane’s South East, and Merrimac Park on the Gold Coast — are places where the Statement of Rights shows up in everyday practice, not just in policies. We welcome families to visit, ask questions, and hold us to the standard that every older Australian deserves.
Visit Wellington Park or Merrimac Park — See Your Rights in Action
Wellington Park — Wellington Point, Brisbane South East | (07) 3822 1876
Merrimac Park — Merrimac, Gold Coast | (07) 5618 1111
