Your rights in aged care

The Aged Care Act has a Statement of Rights which explains what older people can expect when using aged care services funded by the Australian Government.

The rights are designed to put you first, ensuring your choices, values and preferences remain at the heart of the new aged care system. The Statement of Rights replaced the previous Charter of Aged Care Rights on 1 November 2025.

Under the Statement of Rights, you have the right to:

• make your own decisions about your own life

• have your decisions not just accepted, but respected

• get information and support to help you make decisions

• communicate your wishes, needs and preferences

• feel safe and respected

• have your culture and identity respected

• stay connected with your community

This information is also accessible in the Government factsheet.

The Statement of Rights can also be seen in your Service Agreement and displayed in our homes. Our employees undertake regular training in understanding the Statement of Rights and what it means to our residents.

Supporters play a crucial role in assisting older individuals to make informed decisions about their care, ensuring their preferences and rights are respected.

Under the Aged Care Act, older people are able to register a supporter. A Supporter is someone an older person trusts – like a family member or friend – who formally helps them make and communicate their own decisions about the aged care they receive. Older people can have more than one Supporter.

Providers are obliged to provide supporters with the information they need to provide you with assistance.

The Government has provided resources to assist you in understanding Supporters particular responsibilities. 

There is also information about the Supporter Registration process on My Aged Care.

The Code of Conduct for Aged Care describes how aged care providers, their governing persons (for example, board members), and workers (including volunteers) must behave and treat people receiving aged care.

It makes sure that people can have confidence and trust in the quality and safety of aged care they receive.

1. Expected behaviour
   1. Act with respect for people’s rights to freedom of expression, self-determination and decision-making in accordance with applicable laws and conventions
2. 2. Act in a way that treats people with dignity and respect and values their diversity
3. 3. Act with respect for the privacy of people
4. 4. Provide care, support and services safely and competently, with care and skill
5. 5. Act with integrity, honesty and transparency
   6. Promptly take steps to raise and act on concerns about matters that may impact the quality and safety of care, support and services
   7. Provide care, support and services free from:
   • all forms of violence, discrimination, exploitation, neglect and abuse
   • sexual misconduct
6. 8. Take all reasonable steps to prevent and respond to:
   • all forms of violence, discrimination, exploitation, neglect and abuse
   • sexual misconduct
7.  
8. Our employees have regular training in the Code of Conduct and how it applies to our provision of care and services.

Whether it’s a compliment, suggestion or a complaint, we are always happy to hear from you. You can provide feedback or make complaints anonymously. However, doing so may affect our ability to investigate and resolve any issues.

For more information, visit our Feedback and Complaints page.

The Aged Care Act gives protections to anyone who makes whistleblower disclosures concerning any actual or suspected breaches of aged care laws. This means you can speak up without fear of victimisation or civil, criminal or administrative liability. Residents, Supporters and aged care workers are all able to make a whistleblower report under the Aged Care Act whistleblowing regime.

You can make whistleblower disclosures directly to Estia Health or to external bodies such as the Aged Care Quality and Safety Commission, the Department of Health, Disability and Ageing, the police, or an independent aged care advocate.

Visit our Feedback and Complaints page for more information on Whistleblowing disclosures.

Estia Health is committed to protecting your privacy and to ensuring we can provide you with the best possible care and services. We are bound by the Privacy Act 1988 (Cth) (the Privacy Act), the Australian Privacy Principles and the Aged Care Act 2024 (Cth), which together govern how we collect, use and protect your information.

We collect personal information that we need for the purposes that relate directly to our functions and activities as a registered provider of aged care. We understand that you may not want to provide information to us. The information we request of you is relevant to providing you with the care and services you need. If you choose not to provide us with some or all of the information we request, we may not be able to provide you with the care and services you need.

We will use and disclose your personal information only for the purpose for which it was collected or for any other purpose that is otherwise directly related to our functions or activities as an aged care provider or otherwise permitted at law.

Our Privacy Policy contains detailed information on how we protect your privacy, including the way in which we may collect, use and disclose your information. This was also outlined on the Data Collection Form that you signed as part of the  nitial enquiry process. Please let us know if you have not yet provided us with a signed copy of that form.

Our Privacy Policy also contains detailed information on how you may access the personal information we hold about you and how you can seek to have your personal information corrected. 

If you have any questions in relation to privacy or how we manage your personal information, please contact us at 1300 682 833 or through our feedback channels.

Security of tenure means that once you move into an Estia Health home, it becomes your home, and you have the right to remain there for as long as you require residential aged care.

Under the Aged Care Act and associated Aged Care Rules, approved providers, such as Estia Health, may only terminate a resident’s placement in very limited  circumstances, and must do so in strict accordance with legislative safeguards.

Residents may only be asked to leave in the following situations:
1. The home is closing
2. Estia Health is no longer able to meet your assessed long-term care needs,
despite all reasonable efforts
3. You no longer require residential aged care, as independently assessed
4. You have failed to pay agreed fees for more than 42 days, and the reason is
within your control
5. You have intentionally caused serious damage to the home, or injury to staff
or another resident
6. You have been absent from the home for more than seven days without
consent or lawful reason
7. You were receiving care under a specialist dementia agreement, and a clinical
advisory committee has assessed that this is no longer required

What are Estia Health’s legal obligations?

At Estia Health, we are committed to upholding your security of tenure. We respect your right to regard our home as your home and ensure that any changes to your care are managed with compassionate and respectful support. 

Where any of the above circumstances apply, Estia Health cannot terminate your placement unless and until suitable alternative accommodation has been arranged that:

• Meets your assessed long-term care needs

• Is available at the time of termination

• Is provided by another registered aged care provider

Notice and transition support

If a decision is made to end your placement, Estia Health must provide a minimum of 28 days’ written notice and clearly explain:

• The reasons for the termination

• The date by which you must leave

• Your rights, including access to our internal complaints process, external complaints to the Aged Care Quality and Safety Commission, and free advocacy services such as OPAN

We will ensure suitable alternative accommodation is available that meets your aged care needs and is affordable before ending a placement and develop a Continuity of Care plan. 

We are committed to working closely with you, your family, and your nominated representatives to ensure any transition is managed in a safe, respectful and
dignified manner.

Should you require an independent advocate please refer to My Aged Care to learn more.

Short-term/respite care agreements

A short-term/respite care agreement is intended to be a temporary arrangement and your right to remain in the home ends when the agreed respite period concludes, unless a new agreement for permament residency is entered into.

Estia Health is committed to providing a safe, comfortable and secure environment for residents, employees and visitors within its homes. Our incident management system aims to enable us to promptly prevent, identify, manage, resolve and learn from incidents (including near misses) that occur.

Our system involves:

• Policies that provide for the consistent, prompt and accurate reporting of incidents, comprehensive reviews and investigations (where required), corrective action strategies, ongoing follow up and analysis of actions
• Clear roles and responsibilities to make sure our managers and employees understand who is accountable for managing incidents A clear escalation and prioritisation process to ensure incidents are managed appropriately, ensuring that the first step is providing first aid, reassurance and care to those who need it
• Documenting and managing the incidents in various systems depending on the type of incident
• Providing worker education delivered via our employee learning system If any incident occurs that involves you, we will talk it through with you and, if you wish, include your chosen supporter in the discussion. A copy of documents that outline our incident management system are available should you wish to see them.