Matthew Arentz is a Partner at DBH Lawyers with over 20 years of experience delivering trusted legal advice.
Question: “I’ve heard the aged care laws have changed. What does that mean for people receiving care at home?”
Legal Rights and Obligations for People with a My Aged Care Package
People receiving government-funded aged care services in Australia, whether through a Home Care Package or the newer Support at Home program, are protected by an expanded rights-based framework under the Aged Care Act 2024, which commenced on 1 November 2025.
This new system places older people at the centre of all care decisions and strengthens both rights and provider obligations.
Your Legal Rights
Under the Act’s Statement of Rights, you have the right to make your own decisions, receive clear information, and be supported to communicate your needs and preferences. You should be treated with dignity and respect and receive safe, high-quality care that reflects your culture, identity, and background. You also have the right to remain connected with your community, raise concerns without fear of reprisal, and request access to your care records and personal information.
You are also protected by the Australian Consumer Law, meaning providers must give honest, clear information, avoid unfair contract terms, and allow you time to consider service agreements. Home care is delivered on a consumer-directed care basis, giving you the freedom to choose and change providers.
Provider Obligations
Aged care providers should deliver services that comply with the rights-based Aged Care Act, meet strengthened quality and safety standards, and ensure staff are appropriately trained. Providers are legally required to respect your privacy, protect personal information, and uphold their duty of care: responding to your actual needs, even if assessments are incomplete or disputed.
They should also act transparently, ensure fees are clear, and respond promptly and fairly to complaints. If concerns arise, you are entitled to escalate matters to the Aged Care Quality and Safety Commission.
DBH Lawyers provides specialist legal advice in the areas of personal injury, wills and estates, and family law.
Free call 1800 324 324 or visit dbh.com.au.
