Rights in aged care

The Charter of Residents Rights and Responsibilities

A. Each Resident of a residential care service has the right:

1. To full and effective use of his or her personal, civil, legal and consumer rights

2. To quality care which is appropriate to his or her needs

3. To full information about his or her own state of health about available treatments

4. To be treated with dignity and respect, and to live without exploitation, abuse or neglect

5. To live without discrimination or victimization, and without being obliged to feel grateful to those providing his or her care and accommodation.

The Charter of Residents Rights and Responsibilities

6. To personal privacy.

7. To live in a safe, secure and homelike environment, and to move freely both within and outside the residential care service without undue restriction.

8. To be treated and accepted as an individual, and to have his or her individual preferences taken into account and treated with respect.

9. To continue with his or her cultural and religious practices and to retain the language of his or her choice, without discrimination.

10. To select and maintain his or her social and personal relationships with any other person without fear, criticism or restriction.

11. To freedom of speech

12. To maintain his or her personal independence, which includes a recognition of personal responsibility for his or her own actions and choices, even though some actions may involve an element of risk which the resident has a right to accept , and that should not be used to prevent or restrict those actions.

The Charter of Residents Rights and Responsibilities cont

13. To maintain control over and continue making decisions about, the personal aspects of his or her daily life, his or her financial affairs and possessions.

14. To be involved in the activities , associations and friendships of his or her choice, both with and outside the residential care service.

15. To have access to services and activities which are available generally in the community

16. To be consulted on and to choose to have input into, decisions about living arrangements for the residential care service

17. To have access to information about his or her rights, care, accommodation, and any other information which relates to him or her personally

18.To complain and take action to resolve disputes19. To have access to advocates and other avenues of redress20. To be free from reprisal, or a well-founded fear of reprisals, in

any form for taking action to enforce his or her rights.

The Charter of Residents Rights and Responsibilities cont

B. Each resident of a residential care service has the responsibility:

1. 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

2. To respect the rights of staff and the proprietor to work in and environment which is free from harassment

3. To care for his or her health and well-being, as far as he or she is capable

4. Inform his or her medical practitioner, as far as he or she is able, about his or her relevant medical history and his or her current state of health.

Charter of Rights and Responsibilities for Community CareRights

• As a care recipient I have the following rights:

• 1. GENERAL–

a) to be treated and accepted as an individual, and to have my individual preferences respected

–b) to be treated with dignity, with my privacy respected

–c) to receive care that is respectful of me, my family and home

–d) to receive care without being obliged to feel grateful to those providing my care

–e) to full and effective use of all my human, legal and consumer rights, including the right to freedom of speech regarding my care

–f) to be treated without exploitation, abuse, discrimination, harassment or neglect

Community Care Rights cont’d

• 2. PARTICIPATIONa) to be involved in identifying the community care

most appropriate for my needsb) to choose the care and services that best meet

my assessed needs, from the community care able to be provided and within the limits of the resources available

c) to participate in making decisions that affect med) to have my representative participate in decisions

relating to my care if I do not have capacity

• 3. CARE AND SERVICES– a) to receive reliable, coordinated, safe, quality care and services which are

appropriate to my assessed needs–

b) to be given before, or within 14 days after I commence receiving care, a written plan of the care and services that I expect to receive

–c) to receive care and services as described in the plan that take account of my lifestyle, other care arrangements and cultural, linguistic and religious preferences

–d) to ongoing review of the care and services I receive (both periodic and in response to changes in my personal circumstances), and modification of the care and services as required

• 4. PERSONAL INFORMATION– a) to privacy and confidentiality of my personal information–

b) to access my personal information

Community Care Rights cont’d

Community Care Rights cont’d

• 5. COMMUNICATION– a) to be helped to understand any information I am given–

b) to be given a copy of the Charter of Rights and Responsibilities for Community Care

–c) to be offered a written agreement that includes all agreed matters

–d) to choose a person to speak on my behalf for any purpose

• 6. COMMENTS AND COMPLAINTS– a) to be given information on how to make comments and complaints about

the care and services I receive–

b) to complain about the care and services I receive, without fear of losing the care or being disadvantaged in any other way

–c) to have complaints investigated fairly and confidentially, and to have appropriate steps taken to resolve issues of concern

Community Care Rights cont’d

• 7. FEES– a) to have my fees determined in a way that is

transparent, accessible and fair–

b) to receive invoices that are clear and in a format that is understandable

–c) to have my fees reviewed periodically and on request when there are changes to my financial circumstances

–d) not to be denied care and services because of my inability to pay a fee for reasons beyond my control

Community Care Rights cont’d

As a care recipient I have the following responsibilities: • 1. GENERAL

–a) to respect the rights of care workers to their human, legal and industrial rights including the right to work in a safe environment

–b) to treat care workers without exploitation, abuse, discrimination or harassment

• 2. CARE AND SERVICES–

a) to abide by the terms of the written agreement–

b) to acknowledge that my needs may change and to negotiate modifications of care and service when my care needs do change

–c) to accept responsibility for my own actions and choices even though some actions and choices may involve an element of risk

• 3. COMMUNICATION–

a) to give enough information to assist the approved provider to develop, deliver and review a care plan

–b) to tell the approved provider and their staff about any problems with the care and services

•

• 4. ACCESS–

a) to allow safe and reasonable access for care workers at the times specified in my care plan or otherwise by agreement

–b) to provide reasonable notice if I do not require a service

•

• 5. FEE–

a) to pay any fee as specified in the agreement or negotiate an alternative arrangement with the provider if any changes occur in my financial circumstances

–b) to provide enough information for the approved provider to determine an appropriate level of fee

“It is always with the best intentions that the worst work is

done”

Oscar Wilde

DiscussionState how the charter of residents rights should impact on the following

situations

1. When the care worker is addressing the client/resident

2. When the care worker is assisting the client with a meal

3. When the care worker is assisting the client to shower and dress

4. When a care worker is asked to use physical restraints

5. When the client/resident has visitors

6. When the care worker is cleaning and tidying the room of a client/resident

Clients/residents whose Rights might be at risk

There may be a group of aged care clients/residents whose rights may be violated because they may not be aware of their rights.– They may not be aware of their

rights – They may not be able to defend

their rights – The staff providing the care are

ignorant of the clients rights.

Give an example of each