Your Rights, Your Choice: Empowering Supported Decision-Making Under the Aged Care Act
On November 1 this year, the launch of the new Support at Home program wasn’t the only significant change. The Aged Care Act saw new improvements, with the Australian Government planning a new Aged Care Act to be fully implemented from 1 July, 2027.
Here, we share what this reform means for you, and which tools are available to help you feel supported and safe when making important decisions.
The Aged Care Act (2025), a landmark legislation, represents a fundamental shift towards a rights-based system, designed to empower older Australians and place their preferences, choices, and aspirations at the absolute centre of their care.
No longer is aged care solely about services; it’s about the inherent right of each and every older person to make decisions about their own life, with the very support they need to do just that.
A New Era of Rights And Presumed Capacity
At the heart of the Aged Care Act is a powerful principle: Every older Australian is presumed to have the capacity to make decisions about their life and care. This includes the right to take reasonable risks – a crucial acknowledgment that choice often involves agency and self-determination. The new Aged Care Act firmly establishes that an older person’s will, preferences, and human rights must be respected and upheld by all aged care providers.
The primary focus is now to support older people through both making and communicating their own decisions (rather than assuming they need someone else to decide for them). This is where Supported Decision-Making (SDM) forms an important and foundational element of the new system.
What Is Supported Decision-Making (SDM)?
Supported Decision-Making is a process where an older person is provided with the necessary information, tools, and assistance to understand, make, and communicate their own decisions. It’s about building a bridge between an individual’s will and preferences and the choices available to them.
Crucially, SDM is about support, not substitution. It prioritises the individual’s voice and autonomy, standing in stark contrast to traditional substitute decision-making models (like Enduring Power of Attorney or Guardianship), which should only be considered as a last resort – only after all other avenues of support have been exhausted.
The Aged Care Act officially enshrines SDM, making it a legal imperative for providers to facilitate this approach. Simply put, you should never feel alone, pressured, or taken advantage of, when making important decisions about your aged care – you have rights, and you have a voice, which brings us to…
The New ‘Registered Supporter’ Role: A Game Changer
One of the most significant innovations commencing on November 1, 2025, alongside the new Act, is the introduction of the ‘Registered Supporter’ role. An older person can now formally choose a trusted individual, a family member, friend, or carer, to become their Registered Supporter through My Aged Care. The purpose of this role is to help the older person:
- Access and understand information about their care options.
- Communicate effectively with aged care providers.
- Attend meetings and appointments to ensure their voice is heard.
It’s vital to understand this: Becoming a Registered Supporter does not grant that person the authority to make decisions on the older person’s behalf. Their function is purely to assist and enable the older person’s own decision-making process. This distinction is central to the rights-based ethos of the new system.
Empowering Decisions for the New Support at Home Program
Under the Aged Care Act (2025), Support at Home, which also commenced on November 1, 2025, is now included to outline an individual’s rights and protections under this new program. Support at Home enables older Australians with greater flexibility and choice, but also requires them to make a range of important decisions –
This is where the Supported-Decision Making approach proves more vital than ever:
- Tailoring Services: Deciding on the mix of ongoing services (clinical, independence support, everyday living) that best suits their needs within their individual funding classification.
- Accessing Pathways: Making informed choices about utilising the interim/short-term pathways, such as Restorative Care or Assistive Technology/Home Modifications (AT-HM).
- Provider Selection: Utilising supported decision-making strategies to clarify their preferences and effectively communicate these when choosing between competing service providers.
- Understanding Contributions: Making clear decisions about their individual contributions under the new program’s financial arrangements.
Your Essential Resource: The OPAN Supported Decision Toolkit
To help navigate these new complexities and to reassure you of your rights, the Older Persons Advocacy Network (OPAN) has developed an invaluable resource: The Supported Decision-Making Toolkit.
The Supported Decision-Making Toolkit offers practical guidance for older Australians and their loved ones on:
- Understanding what supported decision-making means in real-world scenarios.
- Identifying and choosing the right supporter(s) for your needs.
- Effectively interacting with aged care services under the new rights-based framework.
- Knowing what steps to take if your rights or decisions are not being respected.
To explore this toolkit, along with a wealth of topical resources regarding aged care and your rights, visit the Older Persons Advocacy Network page here.
Important Government Resources for Older Australians (Post-November 1, 2025):
To further assist you in navigating the new aged care landscape, here are some key government resources for your perusal:
- My Aged Care (MAC): This is the central entry point for all aged care services and information, where you can find comprehensive details about the new Aged Care Act, the Support at Home Program, and information on becoming a Registered Supporter – simply visit here to explore the MAC website.
- Department of Health, Disability and Ageing: Here, you’ll be able to view detailed policies and other legislative information regarding the new Aged Care Act (2025) and other key changes.
- Aged Care Quality and Safety Commission: For information on provider responsibilities, quality standards, and making complaints under the new Act: Aged Care Quality and Safety Commission.
Moving Forward with Confidence
Supported decision-making is not merely a legal concept; it’s a pathway to continued independence, dignity, and control over your life. With the new Aged Care Act firmly in place since 1 November 2025, older Australians now have stronger rights than ever before.
We encourage you, your family, and your supporters to explore the OPAN Supported Decision Toolkit and the official government resources. Empower yourself to make informed choices, exercise your rights, and move forward with confidence in Australia’s new, rights-based aged care system. And for when you have questions, or simply need a hand making sense of it all – we’re here (for whichever stage of the journey you’re at).
We’re Here to CareAbout You
When you don’t have all the pieces of a constantly-changing puzzle, it’s incredibly hard to make an informed decision – that’s where we come in.
Our Care Advisors cut through the noise, and simplify an otherwise complex process. We take the time to understand who you are, and what you need. We then present you with an expert-led recommendation – of course, the ultimate choice is yours to make.
