The rights of older people

A new rights-based Aged Care Act

The Australian Parliament passed the Aged Care Act 2024  as the new law for government-funded aged care in Australia on 25 November 2024. The new Act started on 1 November 2025 and aligns with the launch of the new  Support at Home program. 

The new Aged Care Act which come into play 1 November 2025 will make aged care safer, fairer, and more respectful. This information sheet about the new Aged Care Act (PDF 172Kb) outlines the main parts of the new Act and how they work together.

Statement of Rights in the Aged Care Act 

The Australian Government is changing Australia’s aged care laws. The Aged Care Act 2024 (the new Act) has a Statement of Rights. This explains what rights older people have when accessing aged care services funded by the Australian Government. The Statement of Rights has replaced the current Charter of Aged Care Rights on 1 November 2025. 

What the Statement of Rights means for you

The Statement of Rights will help make sure you are at the centre of your aged care. It gives you 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

You can view the full-length description of the Statement of Rights as presented in the Bill, or view the full summary of those rights in plain language (PDF 417Kb).

Code of Conduct for Aged Care

The Code of Conduct for Aged Care describes how providers and the people providing your care must behave and treat you. Our Aged and Community Support team operate within the code of conduct when they provide services to you. View the Aged Care Code of Conduct quick guide (PDF 830Kb) for consumers. 

Increased protection for whistleblowers under the Aged Care Act

Under the new Aged Care Act, whistleblowers receive more protection. Whistleblowers are those who report issues or concerns. These changes aim to help you, or someone helping you, feel safe raising concerns without fear of unfair treatment. 

If there is a time when something doesn’t seem right, like abuse, neglect, fraud or serious misconduct, you can report it safely and confidentially. This is called a protected disclosure. 

At Merri-bek City Council, we encourage all feedback. If your concern is about something serious or potentially unlawful, we may handle it as a protected whistleblower disclosure. This comes with legal protections. But if you’re unhappy with services, such as cleaning, communication, or waiting times, we’ll treat is as a complaint through our usual feedback process. 

What’s the difference between a disclosure and a complaint?

A protected disclosure relates to suspected serious wrongdoing. This could be illegal, unsafe, or unethical behaviour such as neglect, abuse, or fraud. If your concern fits into this category, and you make a disclosure, your identity is legally protected. You cannot be treated unfairly for doing so. Anyone can make a whistleblower disclosure. This includes family members and the general public. 

A complaint is when you’re unhappy with something like how a service was delivered or how long something took. Most complaints are not whistleblowing matters. Complaints are also important, and we take them seriously. If they are not whistleblowing, then they don’t require legal protection. They are managed through our standard feedback system. 

If you’re not sure which category your concern falls under, we can help you. If it qualifies for protection, you can choose how it’s handled. 

To learn more about making a complaint, visit our complaints webpage.

Who can you make a disclosure to?

You can speak with any staff member, manager, director or member of Council at Merri-bek City Council. Find out more on Council's Public Interest Disclosures webpage. You can remain anonymous if that makes you feel safer. Either way, your concern will be taken seriously. 

If you don’t feel comfortable reporting your concern to someone here, you don’t have to. You can also make a disclosure or complaint to:
•    The Aged Care Quality and Safety Commission
•    The Department of Health, Disability and Ageing, or an official of the department
•    A police officer
•    An independent aged care advocate

You can make the report in person, online, over the phone or in writing by email or letter. 

Need support?

You can ask a family member, friend, or aged care advocate to help you make a complaint or whistleblower disclosure. Independent advocacy is available by calling Older Persons Advocacy Network (OPAN) on 1800 700 600 or visiting opan.org.au 

For more information about your rights and protections, you can also visit: 
•    Aged Care Quality and Safety Commission
•   Department of Health, Disability and Ageing - protection for whistleblowers

If you have any questions or need assistance, please speak with one of our staff members. We are here to listen and support you. 

What about the Public Interest Disclosure (Whistleblowing in the Public Sector)?

Alongside these increased protections for whistleblowers under the Aged Care Act, Council is already committed to fostering an ethical, transparent culture. It encourages disclosing suspected wrongdoing for proper assessment and action. 
Under the Public Interest Disclosure Act 2012, a member of the public can make a public interest disclosure by contacting the Independent Broad-based Anti-Corruption Commission (IBAC).

What does this mean with both the Public Interest Disclosures and the Aged Care Act Whistleblower Protections?

You have two options for whistleblowing, depending on the issues:
•    When to use the Public Interest Disclosure: If you observe corruption, misconduct, or maladministration. 
•    When to use the Aged Care Act protections: If your concern specifically related to aged care services.