What this means for registered providers, responsible persons and aged care workers
The care you provide matters.
Care that upholds (supports) older people’s rights isn’t only good care – it's the law. It builds trust between older people, their supporters, aged care workers and providers. It also helps you to keep improving the quality of your care over time.
We regulate age care to make sure you respect people’s rights when you provide funded aged care services.
Older people and their rights
Each person you support has their own story, strengths, culture and experiences. These shape who they are and need to be respected when you provide care and support.
This is now included in the law. The Aged Care Act 2024 (Aged Care Act) is built on the rights of older people and includes the Statement of Rights. These rights show you what you need to do when you provide care and support.
Our role
We make sure providers, responsible persons and workers respect older people’s rights in how they deliver aged care.
To do this, we:
- help older people to understand and use their rights
- make sure providers, responsible persons and workers meet their obligations to deliver care that respects and protects those rights.
How we regulate
We regulate aged care in a rights-based way. This means we use our powers and functions to make sure care is:
- safe
- respectful
- focused on what matters most to older people.
We regulate through our 4 main functions: education, registration, safeguarding (protection) and complaints.
How we carry out these functions
- Set clear expectations. We only register providers who can show they can deliver safe, quality, rights-based care. We explain what providers must do under the Aged Care Act, the strengthened Aged Care Quality Standards and the Aged Care Code of Conduct.
- Monitor and assess care. To make sure you’re meeting your obligations, we:
- collect and review information
- listen to feedback and complaints
- check evidence.
- Act when we identify risks. We act when there are risks to people’s safety, wellbeing or rights. This includes when we find evidence that you don’t have the ability, skills or systems to provide safe, quality care. We act in a way that matches the level of risk. Our actions can include:
- giving you guidance about what you should be doing
- providing education
- changing or suspending a provider’s registration
- using compliance or enforcement powers – our most serious actions.
- Support improvement. We help you learn from issues and problems. We encourage you to improve your systems and provide better care over time.
Everyone working in aged care has a role in supporting older people’s rights through the care they provide.
What this means for you day to day
We expect you to include older people as active partners in their care.
You need to make sure that care supports each person’s rights, choices and independence.
Provide care that values each person
- Treat older people with dignity and respect.
- Make sure their care is safe, fair and free from abuse, neglect or exploitation.
Partner with older people in decisions about their care
- Support their choice and independence.
- Involve them in decisions about their care, including when they choose to take reasonable risks.
- Use supported decision-making when the person needs it.
Provide culturally safe and inclusive care
- Respect each person’s identity, language, culture, spirituality and background in your daily work.
- Create environments where people feel safe to express who they are.
Be open, responsible and accountable
- Build trust by being honest and taking responsibility for your actions.
- Listen to what older people say about their care.
- Respond to feedback, complaints and incidents in a fair and timely way.
- Speak up when something isn’t right.
- When something goes wrong:
- be open about what happened
- say sorry if appropriate
- work with others to make things right.
Build skills and confidence across your organisation
- Everyone needs the right skills, knowledge and support to do their role.
- Providers must make sure they train and support their workers so they’re confident in delivering rights-based care.
- Everyone should keep learning to provide safe, high-quality care that respects people’s rights.
Focus on what matters most to each person
- Plan and deliver care around each person’s needs, preferences and what they say is important to them.
- Support their wellbeing and quality of life.
Remember
Every action you take affects the rights, safety and wellbeing of older people receiving care.
You and your organisation must meet your obligations and support these rights in real life every day.
Together, we can make sure aged care is safe, fair and respectful. A place where we all value, listen to and support older people to live with dignity, independence and quality of life.
Read our Being a rights-based regulator policy which outlines how the rights of older people receiving aged care services are upheld in all the ways we regulate.
