24Effect of Statement of Rights

24  Effect of Statement of Rights

 (1) An individual is entitled to the rights specified in section 23 when accessing, or seeking to access, funded aged care services.

 (2) It is the intention of the Parliament that registered providers delivering funded aged care services to individuals must take all reasonable and proportionate steps to act compatibly with the rights specified in section 23 in the delivery of funded aged care services, taking into account that limits on rights may be necessary to balance the following:

 (a) competing or conflicting rights;

 (b) the rights and freedoms of other individuals, including aged care workers of the registered provider and other individuals accessing funded aged care services;

 (c) compliance with other laws of the Commonwealth, or of a State or Territory, including the Work Health and Safety Act 2011.

 (3) Nothing in this Division creates rights or duties that are enforceable by proceedings in a court or tribunal.

Note: However, it is a condition of registration for certain registered providers that a registered provider must demonstrate understanding of the Statement of Rights and have in place practices to ensure that the provider acts compatibly with the Statement of Rights: see subsection 144(1). A person may make a complaint to the Complaints Commissioner about a registered provider acting in a way that is incompatible with the Statement of Rights: see section 358.

Division 2—Aged care principles