Knowing your rights as a consumer

As you age, your human rights do not diminish. You maintain the right to privacy, self-determination, safety, dignity, and respect. And you maintain rights as a consumer when receiving goods and services in Australia. 

It’s important to be aware of the laws surrounding how you should be treated. In Australia, around 1 in 6 older people experienced elder abuse in 2020, and only one third sought help. But if you familiarise yourself with your rights, you can better protect them. 

Are you a potential consumer of assistive technology, aged care, or NDIS supports and services? Here's some information you should know.

You have the right to privacy. Your provider must not give out your information without your informed consent. However, aged care workers must report when significant harm occurs to a consumer.

You have the right to choose your workers and providers. And they must provide your supports and services with care and skill, in a safe and competent manner.

You have the right to safety. This means freedom from violence, exploitation, neglect, abuse, and sexual misconduct. 

You should be able to talk to your provider if you're not happy with your supports or services. But sometimes, this may not solve your problem, or it may not feel safe to do.

In that case, you can make a complaint with the Aged Care Quality and Safety Commission if you feel the Aged Care Quality Standards are not being met.

Or you can make a complaint with the NDIS Quality and Safeguards Commission for NDIS funded supports and services.

You also have rights if you buy, lease, or hire assistive technology from a provider. You can always speak up if something is wrong with your equipment or supporting services. Even after the warranty period. 

Consumers of products and services in Australia all have the same rights. If there's a problem with a product or service, you can ask for a repair, a replacement, a refund, or a cancellation. Consumer rights apply automatically. And they continue for a reasonable time, depending on the product or service. A reasonable time can sometimes be longer than the product's warranty period. 

Consumer rights apply regardless of who pays for your goods or services. Whether it's the NDIS, another system, or you who has paid.

When buying goods or services, you will always have the right to ask for what you want. You can also ask for a better price. And you can choose not to buy something if you don't want it. Providers must give you all the information you need to make an informed decision. They aren't allowed to mislead you. They also can't rush or pressure you into buying or choosing something that may not be right for you. 

Consumer law guarantees that goods and services must be of acceptable quality. They must be matching their description or any sample or demonstration model. Sellers must provide goods and services with due care and skill, within a reasonable time. And your goods and services must be fit for any purpose you made known to the seller.

If you need more information, get in touch with one of our helpful team on 1800 951 971.

If you need advocacy support, you can reach out to the Older Persons Advocacy Network on 1800 700 600. 

OPAN can arrange for an interpreter when you call. They can also be contacted via the National Relay Service on 1300 555 727 (voice relay), 133 677 (TTY), 0423 677 767 (SMS). 

You can also become a member of COTA, an advocacy organisation which lobbies for action at a national level on issues affecting older Australians.