Younger people and NDIS participants in aged care
My rights
As a younger person or NDIS participant who lives in residential aged care, you have the same rights as other aged care consumers under the Aged Care Act.
You have the right to:
- safe and quality care
- to be treated with dignity and respect, and
- to live without abuse or neglect.
The Commission’s role
The Aged Care Quality Standards apply to all services which receive Commonwealth funding.
The Commission accesses information from the Department of Health and Aged Care and from accreditation application forms, to determine which providers state they provide care and services to consumers with special needs, including younger people and National Disability Insurance Scheme (NDIS) participants in residential aged care.
The information will guide quality assessor’s interviews with consumers, staff and management, to assess how the service ensures consumers’ needs are met in relation to the Quality Standards overall, and in particular, against the service delivery specialisations the approved provider states that it offers, in this case for younger people aged under 65 years and NDIS participants.
How to make a complaint
Feedback and complaints are important in helping to protect the safety and rights of consumers, including younger people and NDIS participants who receive care and services in aged care. By identifying issues, it will enable us to improve the quality of care and services delivered by providers, which benefits all consumers.
All aged care providers are required to have a complaints system in place. If you feel comfortable, you can raise your concern with staff or managers at the aged care service first, as it is often the best way to have your concerns resolved. If this doesn’t work or you don’t feel comfortable, the Commission can support you to resolve your concern/s with the provider.
To find out more about lodging a complaint with the Aged Care Quality and Safety Commission visit Making a complaint or call 1800 951 822.
NDIS participants
If you have concerns about the care and services you are receiving from your aged care provider, these are best made to the Aged Care Quality and Safety Commission.
The following are best raised with the NDIS Commission in the first instance:
- concerns about your NDIS plan
- concerns about services provided through the NDIS
- you have been asked to leave the NDIS because of where you live
- you have asked to leave your aged care service if you wish to remain in the NDIS
To find out more about lodging a complaint with the NDIS Commission, visit the NDIS Commission website.
NDIS participants may choose to have an independent disability advocate speak, act or write on your behalf. Information about disability advocates and how to find an advocate are available on the NDIS Commission website.
NDIS participants in aged care
Provider responsibilities
Prior to 1 December 2020, residential aged care providers did not need to be registered as a NDIS provider to care for NDIS participants. On 1 December 2020, approved providers supporting NDIS participants will also be required to be registered as a provider with the NDIS Quality and Safeguards Commission (NDIS Commission).
This means approved providers which support NDIS participants will have responsibilities under both the Aged Care Quality and Safety Commission and NDIS Quality and Safeguards Commission regulatory frameworks.
NDIS audit process resources for participants
To inform NDIS participants living in Residential aged care and their supporters about the NDIS Commission audit process, the NDIS Commission have developed an Easy Read NDIS Participant Handbook and Easy Read Fact sheet.
Access these resources on the NDIS Commission website here.
Where to find further information
The following webpages provide information for NDIS participants living in aged care:
- NDIS
- NDIS Quality and Safeguards Commission – Participants
- Department of Health and Aged Care - Providing aged care services to younger people
- Department of Social Services - Younger People in Residential Aged Care
Younger people in aged care
Younger People in Residential Aged Care Strategy
Most people receiving care in residential aged care facilities are older Australians. However, in some cases a younger person may receive care in residential aged care services, as there may be no other suitable accommodation to meet their needs.
The Australian Government is committed to ensuring no younger person (under the age of 65) lives in residential aged care unless there are exceptional circumstances. The Younger People in Residential Aged Care Strategy 2020-2025 guides concrete actions to reduce the number of younger people entering residential aged care and support those already living in residential aged care to move into age-appropriate accommodation with the supports they need.
The first annual report against the Strategy, Younger People in Residential Aged Care Strategy Annual Report June 2020 to June 2021, was released on 22 December 2021.
Read more about the Younger People in Residential Aged Care national action plan here