The statement of rights in aged care is the list of rights in section 23 of the Aged Care Act 2024, in force since 1 November 2025. A right is what the older person is entitled to when they access funded aged care services. A responsibility is the duty someone else carries to make that right real, and the main duty sits with the registered provider.
This guide covers residential care and Support at Home. It is general information, not legal advice.
Key Takeaways
- The Statement of Rights is section 23 of the Aged Care Act 2024, and it replaced the Charter of Aged Care Rights from 1 November 2025.
- Registered providers must take all reasonable and proportionate steps to act compatibly with the rights, and for providers of a kind set by the rules, understanding the rights and having practices to act on them is a condition of registration.
- Rights are upheld through daily decisions about choice, dignity, information, privacy, language and complaints, and each one needs a record showing what happened.
- An older person can complain to the Complaints Commissioner if a provider is not acting in line with the Statement of Rights.
What are rights and responsibilities in aged care?
Rights belong to the older person. Under section 24 of the Act, a person is entitled to the rights in section 23 when accessing, or seeking to access, funded aged care services, whether in a facility or at home.
Responsibilities are the duties that make those rights work. The Commission says providers, responsible persons and workers all need to respect older people's rights. Part 4 of the Act also sets duties for supporters. The Act does not attach a list of responsibilities to the older person in return for their rights.
For plain-language definitions, see the Governa entries on the Statement of Rights and on rights and responsibilities.
How is the Statement of Rights different from the Charter?
The Charter of Aged Care Rights belonged to the previous system. From 1 November 2025 the Statement of Rights, written into the Aged Care Act 2024, replaced it. Governa's earlier guide to the Charter-era rights is now useful for history only.
The practical difference is that the Statement of Rights is part of the Act and links to a condition of registration. Induction material that still teaches the Charter needs replacing.
How does the Act make the Statement of Rights a provider duty?
Three provisions do the work. Section 24(2) states Parliament's intention that registered providers take all reasonable and proportionate steps to act compatibly with the rights. It allows limits where needed to balance competing rights, the rights and freedoms of others (including workers) and compliance with other laws, such as the Work Health and Safety Act 2011.
Section 144(1) makes it a condition of registration, for providers of a kind prescribed by the rules, to demonstrate that they understand the rights and to have practices in place so they act compatibly with them. Section 358 lets a person complain to the Complaints Commissioner about a provider acting incompatibly with the Statement of Rights.
Section 24(3) says the Division creates no rights or duties enforceable in a court or tribunal. That does not make the duty soft. The Commission states that care that upholds rights is the law, and it applies rights-based regulation accordingly.
What does upholding each right look like day to day?
The examples below follow the groupings in section 23.
Independence, choice and personal risk
Section 23(1) covers choice about approved services, how, when and by whom they are delivered, and the person's money and possessions. It includes being supported to decide and taking personal risks.
In residential care, a resident who wants to eat later or go out alone is not overruled by a routine. In Support at Home, a participant who declines a shower on the scheduled day is offered another time, and the worker records the choice, not just a missed task. Where a choice carries real risk, the provider talks it through with the person and documents the discussion.
Dignity, safety and culture
Section 23(3) and (4) cover dignity, respect, non-discriminatory treatment, valued identity and culture, and freedom from violence, neglect, abuse, coercion and exploitation. Examples include asking how a person wants to be addressed and acting at once on worker conduct that makes someone feel unsafe.
An allegation of abuse or neglect is both a rights issue and a reportable incident under the Serious Incident Response Scheme, so the response and the report run together.
Privacy, information and language
Section 23(5) and (6) give the right to personal privacy, protected personal information, and access to records and information about services, including costs. In practice, that means discussing health matters away from shared areas, and giving a person their own records and a clear statement of what they pay.
Section 23(7) and (8) cover being informed in a way the person understands and communicating in their preferred language or method, with interpreters and communication aids as required. A service agreement explained only in English to someone who prefers another language is a gap.
How should providers handle supported decision making?
The Statement of Rights gives a right to be supported, if necessary, to make decisions and have them respected. It also gives a right to be supported by an advocate or another person of the individual's choice, including when voicing opinions or making complaints.
The Commission expects providers to use supported decision-making when the person needs it. Record who is involved, what support was given and what the person decided. If the person wants independent help, the Older Persons Advocacy Network is on 1800 700 600.
What evidence shows rights are being upheld?
The Commission reviews information, listens to feedback and complaints, and checks evidence. Useful evidence includes:
- a current consumer rights, dignity and choice policy that refers to the Statement of Rights, not the Charter
- training records showing every worker understands the rights and their role
- care plans and notes that capture the person's own words, preferences and decisions
- records of risk discussions where a person chose to accept a risk
- complaint data with outcomes, themes and actions
For Support at Home, the post on home care participant experience covers measures that suit one-visit-at-a-time services.
How do rights connect to complaints and the Quality Standards?
Section 23(9) gives a right to open communication and support from the provider when issues arise, to complain through an accessible mechanism without fear of reprisal, and to have complaints dealt with fairly and promptly. A feedback and complaints policy should say how any worker accepts a complaint, how reprisal is prevented and how the outcome is explained to the person.
It also explains what providers must do under the Act, the strengthened Aged Care Quality Standards and the Aged Care Code of Conduct together, so rights evidence should sit in the same records you use for the Standards. Governa's guide to a rights-based approach shows how to map it.
Where do providers commonly fall short?
- Rights are covered once at induction and never revisited.
- House rules about meal times, visiting or showering apply to everyone, with no individual exception.
- Personal risk-taking is neither supported nor recorded.
- Complaints are closed without telling the person what was done.
- Policies and forms still refer to the Charter.
Each is fixable with a clear owner, a short procedure and a record you can produce on request. The policy mapping hub shows where your documents line up.
Related Resources
- Consumer rights, dignity and choice policy
- Feedback and complaints management policy
- Embracing a rights-based approach
- Measuring home care participant experience
- Policy mapping to standards
- Commission page on the Statement of Rights
- Commission page on rights-based regulation
Common Questions About the Statement of Rights in Aged Care
1. What is the Statement of Rights in aged care?
It is the set of rights in section 23 of the Aged Care Act 2024 that older people have when accessing, or seeking to access, funded aged care services. It covers choice, access, safety, privacy, communication, complaints, advocates and connection.
2. Is the Charter of Aged Care Rights still in force?
No. The Charter belonged to the previous system, and the Statement of Rights replaced it from 1 November 2025. Update any document that still presents the Charter as current.
3. Can an older person take a provider to court for breaching the Statement of Rights?
Section 24(3) says the Division creates no rights or duties enforceable by proceedings in a court or tribunal. The person can still complain to the Complaints Commissioner.
4. Who can help an older person exercise their rights?
The person can choose an advocate or another supporter. They can also talk to their provider, speak with an advocate through the Older Persons Advocacy Network on 1800 700 600, or contact the Commission on 1800 951 822.
Rights Only Count When Records Prove Them
The Statement of Rights asks providers to act on each right in real decisions, not just quote it in a policy.
Start by checking that your induction material, policies and complaint forms refer to the Statement of Rights and not the Charter. Then check five recent client or resident files for the person's own choices and who supported the decision.
