Individual rights vs institutional rights: nursing imperatives for the provision of aged care services

This paper offers nurses a legal perspective on some of the major issues arising from the Federal Government's proposal to establish a standard form contract and a charter of residents' rights and obligations for elderly residents in hostels and nursing homes. In emphasising the significance of these proposals it suggests that nurses, individually or collectively, have the potential to make a significant contribution to the continuing user rights debate. The proposed charter and contract and the objectives sought to be achieved by this package are considered. While there are strong and persuasive arguments favouring the concept, it is suggested that as proposed the charter and contract would be largely unworkable and impractical. Progress of the consultation process between Government and other interested bodies and the effect of subsequent drafting changes is discussed. Finally, the manner in which members of the nursing profession with experience and expertise in the provision of aged care services may contribute to the ongoing user rights debate is addressed.