Your Aged Care Rights and How to Raise a Concern

Your rights, in everyday terms

The Aged Care Act 2024 started on 1 November 2025 with a Statement of Rights for everyone receiving government-funded aged care, whether that's help at home or a place in an aged care home. Providers must deliver care in a way that respects these rights.

In everyday terms, the Statement says you have the right to make your own decisions about your care and your life, and to have those decisions respected. You have the right to be safe. And you have the right to be heard: to raise a concern or make a complaint and have it dealt with fairly and promptly, without being punished or treated worse for speaking up.

Step 1: Raise it with your provider

My Aged Care says talking to your provider should be your first step, if you're comfortable doing it. Your provider is there to support you and should listen and act. Providers must have a complaints process, so ask how theirs works, and say clearly what went wrong and what you'd like done about it. Concerns can be about anything: your services, the cost calculation, a letter from Services Australia, your safety, or My Aged Care itself.

Write down what happened, when, and who was involved, and keep copies of anything you send. If you raise it by phone, follow up with a short email or letter repeating what was agreed. You can ask a family member, friend or advocate to speak with you or for you.

Step 2: Contact the Complaints Commissioner

If your provider can't resolve it, or you don't feel comfortable talking to them, you have the right to go to the Complaints Commissioner at the Aged Care Quality and Safety Commission. Under the Aged Care Act 2024 the Complaints Commissioner handles complaints made to the Commission. Call 1800 951 822 or use agedcarequality.gov.au. You can raise a concern confidentially.

You don't have to go to your provider first if you're worried about what might happen, or if the problem is serious. If someone is in immediate danger, call 000 first.

Get a free advocate on your side

The Older Persons Advocacy Network (OPAN) provides free, independent and confidential advocates who can help you understand your rights, prepare what to say, and support you at any step, including with your provider, the Commission or My Aged Care. Call 1800 700 600 to be connected to the advocacy service in your state or territory.

An advocate works for you, not for the provider or the government, and won't take any step without your agreement.

If you're worried about elder abuse

If someone is in immediate danger, call 000. For advice or to talk through a situation, call the free national helpline 1800 ELDERHelp (1800 353 374); it gives information, support and referrals but is not a crisis service. OPAN advocates can also help, free and confidentially, and each state and territory has its own helpline.

If you disagree with an assessment or a decision

If you don't agree with the assessment outcome in your Notice of Decision, you can ask for an internal review, in which the Department of Health, Disability and Ageing checks whether the right decision was made. You (or your registered supporter) must ask within 28 days of receiving the Notice of Decision, either with the Request for an Internal Review of a Decision form, sent by email or post, or by writing to the System Governor at the Department. You can add new information to support your request. If you still disagree after the internal review, you can ask the Administrative Review Tribunal for an external review; there is a charge.

Tips for raising a concern that gets results

Be specific: a date, what happened and what it meant for you is more useful than 'the service is poor'. Say what outcome you want, such as a different time, a different worker or a refund for a missed visit. Keep a simple diary while the problem continues. And ask when you can expect an answer, then follow up if you don't hear back.