Document ID: chunk:federal_register_of_legislation:C2024A00104:section:23:p1
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 23 (pt 1/2)
Character Range: 112079–115090

23  Statement of Rights

Independence, autonomy, empowerment and freedom of choice
 (1) An individual has a right to:
 (a) exercise choice and make decisions that affect the individual's life, including in relation to the following:
 (i) the funded aged care services the individual has been approved to access;
 (ii) how, when and by whom those services are delivered to the individual;
 (iii) the individual's financial affairs and personal possessions; and
 (b) be supported (if necessary) to make those decisions, and have those decisions respected; and
 (c) take personal risks, including in pursuit of the individual's quality of life, social participation and intimate and sexual relationships.

Equitable access
 (2) An individual has a right to equitable access to:
 (a) have the individual's need for funded aged care services assessed, or reassessed, in a manner which is:
 (i) culturally safe, culturally appropriate, trauma‑aware and healing‑informed; and
 (ii) accessible and suitable for individuals living with dementia or other cognitive impairment; and
 (b) palliative care and end‑of‑life care when required.

Quality and safe funded aged care services
 (3) An individual has a right to:
 (a) be treated with dignity and respect; and
 (b) safe, fair, equitable and non‑discriminatory treatment; and
 (c) have the individual's identity, culture, spirituality and diversity valued and supported; and
 (d) funded aged care services being delivered to the individual:
 (i) in a way that is culturally safe, culturally appropriate, trauma‑aware and healing‑informed; and
 (ii) in an accessible manner; and
 (iii) by aged care workers of registered providers who have appropriate qualifications, skills and experience.
 (4) An individual has a right to:
 (a) be free from all forms of violence, degrading or inhumane treatment, exploitation, neglect, coercion, abuse or sexual misconduct; and
 (b) have quality and safe funded aged care services delivered consistently with the requirements imposed on registered providers under this Act.
Note: Division 1 of Part 4 of Chapter 3 deals with conditions on registered providers, including requirements in relation to the use of restrictive practices and management of incidents.

Respect for privacy and information
 (5) An individual has a right to have the individual's:
 (a) personal privacy respected; and
 (b) personal information protected.
 (6) An individual has a right to seek, and be provided with, records and information about the individual's rights under this section and the funded aged care services the individual accesses, including the costs of those services.

Person‑centred communication and ability to raise issues without reprisal
 (7) An individual has a right to:
 (a) be informed, in a way the individual understands, about the funded aged care services the individual accesses; and
 (b) express opinions about the funded aged care services the individual accesses and be heard.
 (8) An individual has a right to communicate