Commonwealth Numbered Acts

COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT (No. 2) 1990 No. 141 of 1990 - SECT 74

74. The Principal Act is amended by adding at the end the following Schedule:

                            "SCHEDULE 2                 Section 45F
CHARTER OF RESIDENTS' RIGHTS AND RESPONSIBILITIES
IN APPROVED NURSING HOMES Preamble Every person has the right to freedom and
respect and the right to be treated fairly by others. A person's rights do not
diminish when he or she moves into a nursing home, regardless of his or her
physical or mental frailty or ability to exercise or fully appreciate his or
her rights. A positive, supportive and caring attitude by family, friends,
nursing home proprietors and staff, carers and the community will help people
who live in nursing homes to continue as integral, respected and valued
members of society. Australian society has a strong commitment to social
justice principles. Those principles recognise the aspirations of all
Australians to a dignified and secure way of life with equal access to health
care, housing and education, and equal rights in civil, legal and consumer
matters. They form the basis of a society which is free of prejudice and is
caring, just and humane. This Charter affirms those social justice principles.
The personal, civil, legal and consumer rights of each resident are not
diminished in any way when he or she moves into a nursing home. The Charter
also recognises that residents of nursing homes have the responsibility to
ensure that the exercising of their individual rights does not affect others'
individual rights, including those providing care. The Charter recognises that
residents have specific rights and responsibilities which balance the needs of
the individual against the needs of the nursing home community as a whole.
EACH RESIDENT OF A NURSING HOME HAS THE RIGHT:
. to quality care which is appropriate to his or her needs.
. to full information about his or her own state of health and about available
treatments.
. to be treated with dignity and respect, and to live without exploitation,
abuse or neglect.
. to live without discrimination or victimisation. The resident is not obliged
to feel grateful to those providing his or her care and accommodation.
. to personal privacy.
. to live in a safe, secure and homelike environment, and to move freely both
within and outside the nursing home without undue restriction.
. to be treated and accepted as an individual. Each resident's individual
preferences are to be taken into account and treated with respect.
. to continue his or her cultural and religious practices and to retain the
language of his or her choice, without discrimination.
. to select and maintain social and personal relationships with any other
person without fear, criticism or restriction.
. to freedom of speech.
. to maintain his or her personal independence, which includes a recognition
of personal responsibility for his or her own actions and choices. Some
actions may involve an element of risk which the resident has the right to
accept, and which should then not be used to prevent or restrict those
actions.
. to maintain control over, and to continue making decisions about, the
personal aspects of his or her daily life, his or her financial affairs and
his or her possessions.
. to be involved in the activities, associations and friendships of his or her
choice, both within and outside the nursing home.
. to have access to services and activities which are available generally in
the community.
. to be consulted on, and to choose to have input into, decisions about the
living arrangements of the nursing home.
. to have access to information about his or her rights, care, accommodation,
and any other information which relates to him or her personally.
. to complain and to take action to resolve disputes.
. to have access to advocates and other avenues of redress. Reprisal in any
form shall not be made against any resident who takes action to enforce his or
her rights. EACH RESIDENT OF A NURSING HOME HAS THE RESPONSIBILITY:
. to respect the rights and needs of other people within the nursing home, and
to respect the needs of the nursing home community as a whole.
. to respect the right of staff and the proprietor to work in an environment
which is free from harassment.
. for his or her own health and well-being, as far as he or she is capable.
. to 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.".