The
User Rights Principles 1997 made under the
Aged Care Act 1997 includes a Charter of Residents' Rights and Responsibilities. The Charter details the rights and responsibilities of all residents including personal, civil, legal and consumer rights. The Charter also outlines residents’ responsibilities in relation to other residents, staff and the residential aged care service community as a whole.
If the provider is not complying with resident’s needs according to the Aged Care Act/User Rights Principles, then I believe they would be found to be in breach of the Aged Care Act.
Schedule 1 Charter of residents’ rights and responsibilities of the
User Rights Principles 1997:
A. Each resident of a residential care service has the right:to full and effective use of his or her personal, civil, legal and consumer rights
to quality care appropriate to his or her needs
to full information about his or her own state of health and about available treatments
to be treated with dignity and respect, and to live without exploitation, abuse or neglect
to live without discrimination or victimisation, and without being obliged to feel grateful to those providing his or her care and accommodation
to personal privacy
to live in a safe, secure and homelike environment, and to move freely both within and outside the residential care service without undue restriction
to be treated and accepted as an individual, and to have his or her individual preferences taken into account and treated with respect to continue his or her cultural and religious practices, and to keep the language of his or her choice, without discrimination
to select and maintain social and personal relationships with anyone else without fear, criticism or restriction
to freedom of speech
to maintain his or her personal independence
to accept personal responsibility for his or her own actions and choices, even though these may involve an element of risk, because the resident has the right to accept the risk and not to have the risk used as a ground for preventing or restricting his or her actions and choices
to maintain control over, and to continue making decisions about, the personal aspects or his or her daily life, financial affairs and possessions
to be involved in the activities, associations and friendships of his or her choice, both within and outside the residential care service
to have access to services and activities available generally in the community
to be consulted on, and to choose to have input into, decisions about the living arrangements of the residential care service
to have access to information about his or her rights, care, accommodation and any other information that relates to the resident personally
to complain and to take action to resolve disputes
to have access to advocates and other avenues of redress
to be free from reprisal, or a well-founded fear of reprisal, in any form for taking action to enforce his or her rights.
B. Each resident of a residential care service has the responsibility: to respect the rights and needs of other people within the residential care service, and to respect the needs of the residential care service community as a whole
to respect the rights of staff and the proprietor to work in an environment free from harassment
to care for his or her own health and well-being, as far as he or she is capable
to inform his or her medical practitioner, as far as he or she is able, about his or her relevant medical history and current state of health.