Step 8.5

What are my rights and responsibilities in an aged care home?

Rights and Responsibilities in an aged care home

All residents in Aged Care Homes (nursing homes) have the same rights and responsibilities, protected in legislation by the Australian Government. All government funded homes must comply with these rules.

A copy of the Charter of Care Recipients Rights and Responsibilities should be included with the Resident Agreement.

The charter should also be displayed in the aged care home (nursing home).

The Charter of Care Recipients Rights and Responsibilities states that all residents have the following rights:

  • to full and effective use of his or her personal, civil, legal and consumer rights;
  • to quality care appropriate to his or her needs;
  • to full information about his or her own state of health and about available treatments;
  • to be treated with dignity and respect, and to live without exploitation, abuse or neglect;
  • to live without discrimination or victimisation, and without being obliged to feel grateful to those providing his or her care and accommodation;
  • to personal privacy;
  • to live in a safe, secure and homelike environment, and to move freely both within and outside the residential care service without undue restriction;
  • to be treated and accepted as an individual, and to have his or her individual preferences taken into account and treated with respect;
  • to continue his or her cultural and religious practices, and to keep the language of his or her choice, without discrimination;
  • to select and maintain social and personal relationships with anyone else without fear, criticism or restriction;
  • to freedom of speech;
  • to maintain his or her personal independence;
  • to accept personal responsibility for his or her own actions and choices, even though these may involve an element of risk, because the care recipient has the right to accept the risk and not to have the risk used as a ground for preventing or restricting his or her actions and choices;
  • to maintain control over, and to continue making decisions about, the personal aspects of his or her daily life, financial affairs and possessions;
  • to be involved in the activities, associations and friendships of his or her choice, both within and outside the residential care service;
  • to have access to services and activities available generally in the community;
  • to be consulted on, and to choose to have input into, decisions about the living arrangements of the residential care service;
  • to have access to information about his or her rights, care, accommodation and any other information that relates to the care recipient personally;
  • to complain and to take action to resolve disputes;
  • to have access to advocates and other avenues of redress;

Plus:

  • to be free from reprisal, or a well founded fear of reprisal, in any form for taking action to enforce his or her rights.

The Charter of Care Recipients Rights and Responsibilities states that all residents have the following responsibilities:

  • to respect the rights and needs of other people within the residential care service, and to respect the needs of the residential care service community as a whole;
  • to respect the rights of staff to work in an environment free from harassment;
  • to care for his or her own health and well being, as far as he or she is capable;

Plus:

  • to inform his or her medical practitioner, as far as he or she is able, about his or her relevant medical history and current state of health

Have a question? Open our discussion forum

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A special thanks to our contributors

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Caroline Egan

DCM Media, agedcare101

Caroline has a wealth of experience writing within the retirement and aged care sector and is a contributing journalist for the Villages.com.au and agedcare101 blog and accompanying newsletters.

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Ian Horswill

Journalist

Ian is a journalist, writer and sub-editor for the aged care sector, working at The DCM Group. He writes for The Weekly Source, agedcare101, villages.com.au and the DCM Institute fortnightly newsletter Friday. Ian is in daily contact with CEOs of retirement living, land lease and the aged care operations and makes a new contact every week. He investigates media releases, LinkedIn and Facebook for a good source for ideas for stories.

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Lauren Broomham

Retirement and Aged Care Journalist

Lauren is a journalist for villages.com.au, agedcare101 and The Donaldson Sisters. Growing up in a big family in small town communities, she has always had a love for the written word, joining her local library at the age of six months. With over eight years' experience in writing and editing, she is a keen follower of news and current affairs with a nose for a good story.

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Jill Donaldson

Physiotherapist

Jill has been practicing as a clinical physiotherapist for 30 years. For the last 13 years she has worked solely in the Aged Care sector in more than 50 metropolitan and regional facilities. Jill has also toured care facilities in the US and Africa and is a passionate advocate for both the residents in aged care and the staff who care for them. She researches and writes for DCM Media.

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Chris Baynes

DCM Media, agedcare101

Chris has been a journalist and publisher in the retirement village and aged care sectors for 11 years. He has visited over 250 retirement villages and 50 aged care facilities both within Australia and internationally. Chris is a regular speaker at industry conferences plus is a frequent radio commentator.

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Annie Donaldson

Nurse and Carer

Annie has a long career in both nursing and the media. She has planned and co-ordinated the medical support from both international TV productions and major stadium events. In recent years she has been a primary family carer plus involved in structured carer support.