Blog

Your Rights as a Care Recipient

June 23, 2025

When it comes to aged care or NDIS services, many people don’t realise they have more choice and control than they think. Whether you’re receiving a Home Care Package or NDIS funding, you are not locked in, and you always have the right to switch providers if your needs aren’t being met.

Understanding your rights as a care recipient is the first step toward better care. This guide will help you feel confident in exploring your options, knowing when to push back, and making informed decisions that protect your wellbeing.

Your Rights Under Aged Care and the NDIS

Whether you’re supported under the aged care system or the National Disability Insurance Scheme (NDIS), both frameworks are built on respect, dignity, and personal choice.

Here are some key rights you have as a care recipient:

  • The right to choose your provider
  • The right to be treated with dignity and respect
  • The right to receive services that meet your needs and goals
  • The right to access clear, honest information about your care and funding
  • The right to change providers if you’re unhappy with your current services

The Aged Care Charter of Rights and the NDIS Code of Conduct both exist to protect these rights, and they apply whether you’re new to care or have been receiving support for years.

What to Check in Your Current Provider Agreement

Before switching providers, it’s important to understand the terms of your current agreement. Unfortunately, many people sign service agreements without knowing what they’re entitled to, or what obligations providers have.

Look out for:

  • Notice periods (e.g., how much time you need to give before exiting)
  • Exit fees (some providers charge a small fee, others don’t)
  • Unused funding policies
  • Clauses around transferring care plans or documents

If anything is unclear or seems unreasonable, don’t be afraid to ask for clarification. You have the right to understand what you’re signing up for.

Tip: If you’re not sure what’s in your agreement, your new provider may be able to help review it with you before you switch.

How to Negotiate Exit Terms

Not all agreements are set in stone. If your provider tries to enforce harsh exit conditions or delays your transition, you may be able to negotiate, especially if the provider is not delivering the quality of care promised.

You can:

  • Request to waive or reduce exit fees if the service has been poor
  • Negotiate a shorter notice period if care is urgently needed elsewhere
  • Ask for a quick release of your funding or care documentation

If your provider refuses to cooperate, you can escalate the matter to:

  • My Aged Care (for Home Care Packages)
  • The NDIS Commission (for NDIS participants)
  • An independent aged care or disability advocate

Common Provider Tactics, and How to Respond

Unfortunately, some providers may try to discourage you from switching, using tactics such as:

  • Delaying paperwork or referral code transfers
  • Using guilt or emotional pressure
  • Misleading you about funding or claiming you’ll lose services
  • Offering sudden improvements or incentives to stay

It’s important to remember: these actions are not acceptable. You have the right to leave a provider and choose one that better aligns with your goals, values, and preferences.

If you’re feeling pressured, talk to a trusted family member, advocate, or your new provider – they can support you through the process.

How to Advocate for Yourself or a Loved One

Self-advocacy can feel intimidating, but it’s a powerful tool, especially if you’re not being heard or taken seriously. Here are some ways to stand up for your care rights:

  • Document your concerns (e.g., missed visits, poor service, communication issues)
  • Refer to your care plan or agreement when discussing unmet needs
  • Ask questions and request things in writing
  • Bring a support person (family member, friend, advocate) to meetings
  • Be clear about what you want, and what you’re not willing to accept

“I’d like to discuss transferring my services to a different provider. I understand my rights and want to ensure a respectful and timely transition.”

Switching providers is not a complaint, it’s your right. You’re simply choosing the care that best suits your life.

Choice, Control, and Confidence

You deserve a care experience that empowers you, not one that makes you feel stuck or unheard. If your current provider isn’t delivering the level of support you need, it’s okay to explore your options. Switching is your right, not a risk.

At HomeCaring, we believe in transparent communication, flexible support, and helping people make confident choices about their care. We’ll guide you through the process, answer all your questions, and respect your rights every step of the way.

Want to understand your care rights and switching options? Get in touch for a free consultation with a HomeCaring specialist, no pressure, just support.