Ramnik Singh Walia is an aged care advocate from Darwin Community Legal Services, OPAN’s Northern Territory network member.
As the sector continues to navigate the new Aged Care Act, Ramnik reflects on how the legislation changes are playing out in practice so far and highlights the important role advocacy plays in empowering older people to know their rights…
How can advocacy help bridge the gap between what the legislation intends and what people experience day-to-day?
By understanding each individual’s experiences, concerns and stories, advocates can tailor aged care information, build trust and create a safe space for people to ask questions or raise concerns without fear. This helps ensure that aged care reforms are not just abstract policies but translate into practical, meaningful outcomes in daily life. By empowering older people to speak up, ask questions and make complaints safely, advocacy helps legislation achieve its intended impact, giving people both a voice and confidence within the aged care system.
From an advocate’s perspective and based on what you’re hearing through your work, where do you think clarity is most urgently needed for people navigating the aged care system?
The greatest need for clarity in the aged care system is helping older people understand their rights, the services available to them and the costs involved. Many older people find the system overwhelming. They are often presented with large amounts of rushed, technical or difficult-to-follow information, leaving them unsure about their choices and what they are entitled to. This uncertainty can prevent them from seeking the care they need or continuing with services they rely on.
Fees and charges are a major concern for older people and their families. Many do not clearly understand fees, subsidies or options for financial hardship. Without clear and transparent information from service providers, some assume aged care is unaffordable and avoid accessing essential services. Clarity is also urgently needed around complaints and feedback. People often do not know how to raise concerns, who to contact or what protections are in place, and some fear that speaking up may negatively affect their care.
From an advocacy perspective, clarity is more than just sharing information – it requires communication that is timely, respectful and accessible. When people clearly understand their rights, costs and processes, they feel empowered to make informed decisions with confidence.
Although it’s only been about 4 months since the new Act was implemented, are you beginning to see any early signs on how the Statement of Rights is being understood or implemented in practice?
In my experience, awareness of the Statement of Rights remains quite limited. Many of the older people I speak with are unaware that the Statement of Rights exists or how it differs from the previous Charter of Aged Care Rights.
In practice, providers often provide the Statement of Rights as a document but it is not always explained. Without a clear, meaningful conversation, it may not make sense to older people. For some providers, implementation appears to focus more on compliance than understanding. Posters may be displayed and forms updated but the deeper meaning of these rights is not always reflected in everyday interactions.
There are, however, some encouraging cases. I have seen examples where providers staff take more time to listen and clearly explain their decisions, which reflects the spirit of the Statement of Rights. In one recent case, a carer shared that an assessor explained the Statement of Rights to her father before his aged care assessment began. She felt he was included in the decision-making process throughout, which is a strong example of the rights being applied in practice.
Despite this progress, many older people still struggle to recognise when their experiences may involve a breach of their rights. This highlights the need for the Statement of Rights to be embedded into everyday practice, not just written into organisations’ policies. From an advocacy perspective, ongoing education and clear information are essential to ensure these rights are understood, respected and actively upheld.
What are you observing so far in terms of awareness or uptake of supported decision-making under the new Act?
So far, awareness remains quite low. Many older people, their families and even some providers are still unclear about what supported decision-making means. In many situations, decisions continue to be made for people rather than with them.
From my experience, people are often accustomed to stepping in and making decisions on behalf of others, especially when someone has a cognitive impairment. While this approach can sometimes be necessary, supported decision-making offers a more respectful alternative by involving the person as fully as possible in choices about their own life. At this stage, that mindset shift hasn’t yet fully taken hold and it’s important to remember that change takes time – it doesn’t happen overnight.
What we need to focus on is supporting both clients and providers in building a strong understanding of the value of supported decision-making and why it matters, in line with the core principles of human rights.
Supported decision-making should not be seen as complicated or risky. At its core, it is about respecting people’s autonomy and recognising their right to be involved in decisions about their own lives.
As we begin 2026 and the sector continues to navigate the new Aged Care Act, what would ‘success’ look like from an advocacy point-of-view?
From an advocacy perspective, success would mean that older people feel heard, respected and confident when dealing with the aged care system. Their rights would not just be written into law but clearly understood and followed in everyday care. Older people and those who support them would know what those rights are without needing an advocate to explain them. Providers would communicate openly, address concerns early and work alongside older people. Complaints would be seen as a chance to improve services, not as something to be dismissed or managed away.
Success would also be reflected in how decisions are made. Older people would be involved in decisions about their own care as much as possible. Families and providers would understand that their role is to support the person’s voice, not replace it.
At a system level, success would mean fewer people falling through the cracks. There would be less confusion, fewer delays and smoother pathways through the system. Advocacy services would still be important, but more as a safeguard. Ultimately, success would mean the values of the new Aged Care Act are visible in everyday life, with older people feeling safer, more empowered and more in control of their care.
