Residents' rights in aged care

As one of Australia’s largest residential aged care providers, Estia Health understands the essential role we play in meeting the growing need for older Australians to have access to high quality, safe and affordable residential aged care.

We are dedicated to continually enhancing the quality of care and services provided to our residents, working cooperatively with government and aged care regulators to implement the ongoing reform program in aged care.

All people receiving Australian Government funded residential care, home care or other aged care services in the community have rights. They have the right to safe and high-quality care that supports their identity, culture and diversity and to have control and make choices about their lives, including where those choices carry a risk.

These rights are protected under the Aged Care Act 1997 and specifically the Charter of Aged Care Rights and the worker code of conduct. The Charter provides the same rights to all older people, regardless of the type of care or service they receive.

The rights and interest of older people receiving Australian Government-funded aged care are also protected by the Code of Conduct that is applicable to all aged care workers.

What is the charter of aged care rights

The Australian Government introduced the Charter of Aged Care Rights, which specifies your entitlement to quality care while utilising residential care, home care or other aged care services.

They include your right to:

1. 1. Safe and high-quality care and services
   2. Be treated with dignity and respect
   3. Have your identity, culture and diversity valued and supported
   4. Live without abuse and neglect
   5. Be informed about my care and services in a way you understand
   6. Access all information about you, including information about your rights, care and services
   7. Have control over and make choices about your care, and personal and social life, including where choices involve personal risk
   8. Have authority over and make decisions regarding personal aspects of your daily life, financial matters and personal belongings
   9. Your independence
   10. Be listened to and understood
   11. Have a person of your choice, including an aged care advocate, support you or speak on your behalf
   12. File complaints without fear of retaliation, and ensure that your complaints are addressed in a fair and timely manner 
   13. Enjoy personal privacy and have your confidential information safeguarded 
   14. Assert your rights without negatively impacting the way you are treated.
2.  
3. We will help you to understand the Charter by:
4.  
5. • giving you a copy of the Charter signed by the provider

• assisting you to understand the Charter (how this is achieved is up to providers and will depend on the needs of individual consumers)
• ensuring you or your representatives have been given a reasonable opportunity to sign a copy  of the Charter. Even if you choose not to, you can still receive the care and services you have agreed upon
• keeping a record of the Charter we give to you

https://www.agedcarequality.gov.au/providers/provider-information

These rights will also be included in your Residents Agreement, if you are entering an aged care home, or in your Home Care Agreement, if you are receiving home or community care services.

Code of Conduct

When providing care, supports and services to people, I must:

a) act with respect for people’s rights to freedom of expression, self determination and decision making in accordance with applicable laws and conventions; and
b) act in a way that treats people with dignity and respect, and values their diversity; and
c) act with respect for the privacy of people; and
d) provide care, supports and services in a safe and competent manner, with care and skill; and
e) act with integrity, honesty and transparency; and
f) promptly take steps to raise and act on concerns about matters that may impact the quality and safety of care, supports and services; and
g) provide care, supports and services free from:
    i) all forms of violence, discrimination, exploitation, neglect and abuse; and
    ii) sexual misconduct; and
h) take all reasonable steps to prevent and respond to:
    i) all forms of violence, discrimination, exploitation, neglect and abuse; and
    ii) sexual misconduct.

What legislation governs the aged care sector

The aged care sector is regulated by the Aged Care Act 1997. The Aged Care Quality and Safety Commission (ACQSC) functions require the ACQSC to monitor a provider’s conformance with the requirements set out in the legislation and act where there is nonconformance. Other legislation that is also applicable to the community include the Commonwealth Privacy Act 1988 and State laws regarding confidentiality of medical records and substitute decision makers/guardians.

What are the policies and procedures in aged care?

Policies and procedures in aged care are used to communicate and implement values, responsibilities and standards of a care team.

An aged care service's policies and values outline the standards of care and conduct expected from both caregivers and residents. Linking values and policies puts the resident at the forefront of care, so that aged care groups can uphold care, amenity and facilities requirements for residents.

Estia Health’s Principle and values are:

Creating Happiness
Compassion – we demonstrate care and understanding with empathy

Always Approachable
Responsiveness – we are approachable, we listen and we take action

Taking Responsibility
Accountability – we are responsible and always act with integrity

Embracing Diversity
Respect - we embrace individuality and choice

Growing Together
Collaboration – we positively engage to deliver our purpose

How Policies and Procedures Work Together in Aged Care

In aged care, policies and procedures are integrated to ensure residents receive appropriate and effective care. They are implemented to comply with legal requirements, adhere to best industry practices, and meet quality standards and ethical obligations. 

Policies and procedures are designed with purpose, ensuring clear communication between employees and clients while providing ways to evaluate the success of goals. They can include: 

• Customer Service Policies – outlining the employees' responsibility to deliver high quality service to clients
• Employee Benefits – detailing what the organisation can provide employees in terms of benefits
• Employee Expectations and Practices – setting expectations of employee behaviour, including adherence to a code of conduct or confidentiality agreement
• Organisational Policies – detailing the organisation’s support in managing critical events 

 

Effective policies are consistently reviewed and updated, with input from both employees and clients. Key elements of a good policy include:

• Clearly written rules using simple language (potentially in multiple languages to accomodate diverse cultures)
• Easy accessibility for both clients and employees
• A consistent, logical framework to promote efficiency and safety 

 

While a policy explains the “why” behind specific actions and decision making, procedures offer step-by-step instructions for specific routines and tasks. In aged care, procedures should outline the steps that should be taken to assist residents in everyday tasks and management of this care. 

These procedures may include: 

• Assessing and resolving complaints
• Managing healthcare records and documentation
• Managing incidents of patient aggression. 

 

Estia Health is dedicated to upholding the rights of our residents across all our homes. Our core principles and values guide our staff clear, providing them with the tools to embody our family code; A family where everyone belongs. With an overarching vision of Trusted Aged care is accessible to all.