Independence, autonomy, empowerment and freedom of choice
(1) An individual has a right to:
(a) exercise choice and make decisions that affect the individual’s life, including in relation to the following:
(i) the funded aged care services the individual has been approved to access;
(ii) how, when and by whom those services are delivered to the individual;
(iii) the individual’s financial affairs and personal possessions; and
(b) be supported (if necessary) to make those decisions, and have those decisions respected; and
(c) take personal risks, including in pursuit of the individual’s quality of life, social participation and intimate and sexual relationships.
Equitable access
(2) An individual has a right to equitable access to:
(a) have the individual’s need for funded aged care services assessed, or reassessed, in a manner which is:
(i) culturally safe, culturally appropriate, trauma‑aware and healing‑informed; and
(ii) accessible and suitable for individuals living with dementia or other cognitive impairment; and
(b) palliative care and end‑of‑life care when required.
Quality and safe funded aged care services
(3) An individual has a right to:
(a) be treated with dignity and respect; and
(b) safe, fair, equitable and non‑discriminatory treatment; and
(c) have the individual’s identity, culture, spirituality and diversity valued and supported; and
(d) funded aged care services being delivered to the individual:
(i) in a way that is culturally safe, culturally appropriate, trauma‑aware and healing‑informed; and
(ii) in an accessible manner; and
(iii) by aged care workers of registered providers who have appropriate qualifications, skills and experience.
(4) An individual has a right to:
(a) be free from all forms of violence, degrading or inhumane treatment, exploitation, neglect, coercion, abuse or sexual misconduct; and
(b) have quality and safe funded aged care services delivered consistently with the requirements imposed on registered providers under this Act.
Note: Division 1 of Part 4 of Chapter 3 deals with conditions on registered providers, including requirements in relation to the use of restrictive practices and management of incidents.
Respect for privacy and information
(5) An individual has a right to have the individual’s:
(a) personal privacy respected; and
(b) personal information protected.
(6) An individual has a right to seek, and be provided with, records and information about the individual’s rights under this section and the funded aged care services the individual accesses, including the costs of those services.
Person‑centred communication and ability to raise issues without reprisal
(7) An individual has a right to:
(a) be informed, in a way the individual understands, about the funded aged care services the individual accesses; and
(b) express opinions about the funded aged care services the individual accesses and be heard.
(8) An individual has a right to communicate in the individual’s preferred language or method of communication, with access to interpreters and communication aids as required.
(9) An individual has a right to:
(a) open communication and support from registered providers when issues arise in the delivery of funded aged care services; and
(b) make complaints using an accessible mechanism, without fear of reprisal, about the delivery of funded aged care services to the individual; and
(c) have the individual’s complaints dealt with fairly and promptly.
Advocates, significant persons and social connections
(10) An individual has a right to be supported by an advocate or other person of the individual’s choice, including when exercising or seeking to understand the individual’s rights in this section, voicing the individual’s opinions, making decisions that affect the individual’s life and making complaints or giving feedback.
(11) An individual has a right to have the role of persons who are significant to the individual, including carers, visitors and volunteers, be acknowledged and respected.
(12) An individual has a right to opportunities, and assistance, to stay connected (if the individual so chooses) with:
(a) significant persons in the individual’s life and pets, including through safe visitation by family members, friends, volunteers or other visitors where the individual lives and visits to family members or friends; and
(b) the individual’s community, including by participating in public life and leisure, cultural, spiritual and lifestyle activities; and
(c) if the individual is an Aboriginal or Torres Strait Islander person—community, Country and Island Home.
24 Effect of Statement of Rights
(1) An individual is entitled to the rights specified in section 23 when accessing, or seeking to access, funded aged care services.
(2) It is the intention of the Parliament that registered providers delivering funded aged care services to individuals must take all reasonable and proportionate steps to act compatibly with the rights specified in section 23 in the delivery of funded aged care services, taking into account that limits on rights may be necessary to balance the following:
(a) competing or conflicting rights;
(b) the rights and freedoms of other individuals, including aged care workers of the registered provider and other individuals accessing funded aged care services;
(c) compliance with other laws of the Commonwealth, or of a State or Territory, including the Work Health and Safety Act 2011 .
(3) Nothing in this Division creates rights or duties that are enforceable by proceedings in a court or tribunal.
Division 2 — Aged care principles
A person‑centred aged care system
(1) The safety, health, wellbeing and quality of life of individuals is the primary consideration in the delivery of funded aged care services.
(2) The Commonwealth aged care system supports the delivery of funded aged care services by registered providers that:
(a) puts older people first; and
(b) treats older people as unique individuals; and
(c) recognises the rights of individuals under the Statement of Rights.
(3) The Commonwealth aged care system supports individuals to:
(a) be able to reside at the individual’s home (if the individual so chooses) or, if that is not possible, in a setting that is appropriate given the individual’s circumstances, needs and preferences; and
(b) exercise individual responsibility and make decisions that enable the individual to lead an active and fulfilling life, including by engaging in the community and maintaining relationships with people (if the individual so chooses); and
(c) be active and informed in decision‑making about the funded aged care services the individual accesses; and
(d) maintain or improve the individual’s physical, mental, cognitive and communication capabilities to the extent possible (if the individual so chooses), except where it is the individual’s choice to access palliative care and end‑of‑life care; and
(e) be aware of, understand and be empowered to exercise, their rights under the Statement of Rights when accessing, or seeking to access, funded aged care services; and
(f) engage with, and be supported by, independent aged care advocates (if the individual so chooses), including through receiving information, education and advocacy in relation to accessing, or seeking to access, funded aged care services.
(4) The Commonwealth aged care system offers accessible, culturally safe, culturally appropriate, trauma‑aware and healing‑informed funded aged care services, if required by an individual and based on the needs of the individual, regardless of the individual’s location, background and life experiences.
Note: This may include individuals who:
(a) are Aboriginal or Torres Strait Islander persons, including those from stolen generations; or
(b) are veterans or war widows; or
(c) are from culturally, ethnically and linguistically diverse backgrounds; or
(d) are financially or socially disadvantaged; or
(e) are experiencing homelessness or at risk of experiencing homelessness; or
(f) are parents and children who are separated by forced adoption or removal; or
(g) are adult survivors of institutional child sexual abuse; or
(h) are care‑leavers, including Forgotten Australians and former child migrants placed in out of home care; or
(i) are lesbian, gay, bisexual, trans/transgender or intersex or other sexual orientations or are gender diverse or bodily diverse; or
(j) are an individual with disability or mental ill‑health; or
(k) are neurodivergent; or
(l) are deaf, deafblind, vision impaired or hard of hearing; or
(m) live in rural, remote or very remote areas.
(5) The Commonwealth aged care system builds the capacity of registered providers and connections with individuals in the community to support:
(a) continuity of funded aged care services; and
(b) access to integrated services, including strong linkages with the health, mental health, veterans, disability and community services sectors.
An aged care system that values workers and carers
(6) The Commonwealth aged care system:
(a) supports funded aged care services being delivered by a diverse, trained and appropriately skilled workforce who are valued and respected; and
(b) supports aged care workers of registered providers being empowered, including through access to relevant information, to:
(i) provide feedback, suggest measures and take actions that support innovation, continuous improvement and the delivery of high quality care; and
(ii) participate in governance and accountability mechanisms related to the delivery of funded aged care services; and
(c) recognises and supports the important role of advocates, carers, volunteers and visitors in improving individuals’ experiences of the Commonwealth aged care system.
(7) The Commonwealth aged care system recognises the valuable contribution carers make to society, consistent with the Carer Recognition Act 2010 , and carers should be considered partners with registered providers who deliver funded aged care services.
A transparent and sustainable aged care system that represents value for money
(8) The Commonwealth aged care system is transparent and provides publicly available information, about funded aged care services, that is understandable, accessible and communicated through a variety of methods and languages.
(9) Funding by the Commonwealth for funded aged care services supports the delivery and regulation of those services to the individuals who have been prioritised on the basis of need for funded aged care services, taking into account the availability of resources and the needs of the individuals relative to other individuals.
(10) Individuals accessing funded aged care services are expected to meet some of the costs of those services if those individuals have the financial means to do so.
(11) The Commonwealth aged care system focusses on the needs of older people, and should not be used inappropriately to address service gaps in other care and support sectors preventing individuals from accessing the best available services to meet the needs, goals and preferences of those individuals.
(12) The Commonwealth aged care system is managed to ensure:
(a) it is sustainable and resilient; and
(b) the Commonwealth’s investment in the system represents value for money, including by ensuring that public resources are used in the most efficient, effective, ethical and economic manner.
An aged care system that continues to improve
(13) The regulation of the Commonwealth aged care system:
(a) promotes innovation, continuous improvement and contemporary evidence‑based best practice in the Commonwealth aged care system; and
(b) is responsive and proportionate to risk, with a focus on prevention and timely action; and
(c) focusses on the safety, health, wellbeing and quality of life of individuals, and prioritises the areas of highest risk to individuals; and
(d) promotes the provision of high quality care; and
(e) strives for regulatory alignment (if appropriate) with other care and support sectors; and
(f) is undertaken in collaboration with older people.
(14) Feedback and complaints about the delivery and accessibility of funded aged care services are used to inform and promote continuous improvement in the Commonwealth aged care system.
26 Effect of Statement of Principles
(1) It is the intention of the Parliament that the Minister, the System Governor, the Commissioner , the Complaints Commissioner and any other person or body, performing functions or exercising powers under this Act, must have regard to the principles specified in section 25 when performing those functions or exercising those powers.
(2) Nothing in this Division creates rights or duties that are enforceable by proceedings in a court or tribunal.
(3) A failure to comply with this Division does not affect the validity of any decision, and is not a ground for the review or challenge of any decision.
