The new Aged Care Act 2024 commencing in Australia on 1 July 2025 represents a transformation for the nation’s aged care sector. This legislative change mandates a fundamental shift from traditional service delivery models towards a human rights-based approach that recognises older Australians as rights-holders entitled to dignity, autonomy, participation, and protection.

 

The Act introduces a Statement of Rights which outline the fundamental rights of the individuals receiving aged care services. This replaces the Charter of Aged Care Rights which commenced on 1st July 2019.The significant change with the Statement of Rights is that providers will be legally required their actions are consistent with this right, enhancing accountability and enforceability.

 

The Statement of rights gives the individual in aged care the right to:

• Make their own decisions about their life, including providing information and support to make the decisions and having them accepted and respected

• Communicate wishes needs and preferences

• Feel safe and respected

• Have cultural and identity respected

• Stay connected with the community

 

Hall & Prior’s approach for embedding this will include:

• Review of the new Act and conducting a gap analysis between existing practices and new legislative requirements

• Review of relevant policies and procedures including policies related to consents, dignity and complaints

• Review of relevant documents including resident agreements

• Review of code of conduct

 

Once these reviews are completed, implementation will begin with:

Staff Training and Education

• Building knowledge and capacity across the workforce, with comprehensive training for staff, management and board members on the statement of rights and application in the aged care setting

 

Resident/Relative Education and Training

• Education to residents receiving care and their families through information sessions at regular resident/relative meetings

• Development of brochures and posters

• Discussion on admission and at care reviews

 

Embedding human rights into culture of the organisation

• Commitment from leadership team to continually promote values of respect, fairness and empowerment

 

Practical changes

• Review of residents’ care plans to ensure wishes and needs are captured initially and ongoing when care needs change

• Increased transparency of the complaints process

• Daily practices adapted to promote dignity respect and choices

 

Monitoring and Review

• Review of audits and survey to review compliance with rights

• Surveys of staff, residents and representatives

• Monitoring of staff practices and reporting of breaches and non-compliance

 

In conclusion, the new rights based Aged Care Act provides a critical opportunity to reshape Australian aged care into a system where human rights are at the centre of every interaction, policy, and outcome. The proposed approach offers a roadmap for change, aiming to create a future where all older Australians can age with dignity, respect, and full enjoyment of their rights.

Breda McMenamin is a dedicated Registered Nurse with more than 30 years experience in the aged care sector.

 

Breda’s roles in aged care have encompassed hands-on clinical nursing, clinical nurse management, quality management and executive leadership. Breda is currently an Executive Director, Care Services with the Hall & Prior Health and Aged Care Group, overseeing the organisation’s operations in the south of Sydney, southern New South Wales and the Australian Capital Territory.

 

Hall & Prior is a privately owned aged care provider operating 39 residential aged care services and 4 home and community service across Australia.