The Aged Care Quality and Safety Commission ('the Commission') regulates and monitors aged care services in Australia to ensure they meet national quality standards. If you have concerns about the quality of care or services in aged care, you can submit a complaint to the Commission.
What types of complaints can you make?
You can complain to the Commission about an Australian government funded aged care provider’s compliance with its responsibilities under the Aged Care Act, Aged Care Principles, or funding agreement between the provider and the Australian government.
Quality of Care
Complaints regarding the quality of care in aged care facilities can be submitted to the Commission. These complaints may address issues related to the conduct of care providers and staff, with a focus on various areas including, but not limited to:
- Inadequate Care or Services: If the level or quality of care and services are below the required standard;
- Non-compliance with Care Standards: If the care provided does not follow Accreditation Standards, Home Care Standards, or Flexible Care Standards;
- Insufficient Staffing: If there is a noticeable lack of staff, or if staff are not adequately trained;
- Improper Medication Management: If medications are not managed properly, including errors in administration or storage issues;
- Neglect or Abuse: If you suspect, or have evidence of neglect or abuse towards a care recipient;
- Poor Living Conditions: If living conditions within the care facility are poor or unsafe.
User Rights
User Rights complaints can be made to the Commission, covering concerns about how residents' rights are upheld within aged care settings. These include, but aren't limited to:
- Violation of Privacy and Dignity: Complaint if the care provider fails to respect the privacy and dignity of care recipients.
- Excessive Fees and Charges: Complaint if you are being overcharged, charged for services not received, or if fees are not transparently communicated.
- Lack of Access to Personal Records: Complaint if a care recipient is denied access to their own personal records.
- Inappropriate Use of Restraints: Complaint if physical or chemical restraints are used inappropriately or without proper consent.
- Discriminatory Behaviour or Treatment: Complaint if there is any form of discrimination experienced by the care recipient based on age, gender, sexuality, race, disability, or religious beliefs.
Accountability
Accountability complaints regarding aged care services can be lodged with the Commission. These may involve issues around the transparency and responsibility of care providers and their staff, including but not limited to:
- Financial Mismanagement: Complaint if there is evidence or suspicion of financial mismanagement or misuse of funds.
- Failure to Maintain Records: Complaint if the care provider fails to keep accurate, comprehensive, and up-to-date records.
- Lack of Transparency with Care Recipients and Families: Complaint if the provider is not open and transparent about care plans, changes in service delivery, or incidents affecting care recipients.
Funding Agreement Compliance
Complaints about Funding Agreement Compliance in aged care can be directed to the Commission. These complaints often relate to how care providers manage and adhere to their funding obligations and agreements, including, but not limited to:
- Improper Use of Government Funds: Complaint if the care provider is not using government funds as intended.
- Service Delivery Not Meeting Agreement Standards: Complaint if services delivered do not meet the levels or standards outlined in the funding agreement.
- Lack of Transparency in Fund Usage: Complaint if the provider fails to clearly report how government funds are being used.
Jurisdiction:
The Commission can hear complaints about aged care providers across Australia.
Time Limitations:
There do not appear to be any time limits. But you should raise your complaint with the Commission as soon as possible after the issue occurs to preserve evidence.
The Commission will not deal with complaints about:
The Commission cannot:
- Examine complaints that are part of legal proceedings or a coronial inquiry.
- Assist if the person receiving care does not want the complaint to be examined.
- Address concerns not related to a service provider’s responsibilities under the Aged Care Act, the Aged Care Principles, or their funding agreement.
- Provide advice on care or services availability, financial, legal, or health decisions, or industrial matters.
- Terminate employment, provide legal or clinical advice, investigate causes of death, or determine specific event occurrences if conflicting accounts exist.
If the Commission cannot help, they will try to refer you to an organisation that can assist.
Who can you make a complaint against?
You can make a complaint about:
- Residential Aged Care Providers: Facilities offering long-term accommodation, personal care, and health services.
- Home Care Providers: Organisations delivering care and support services directly to care recipients’ homes.
- Flexible Care Providers: Services offering flexible care adapting to specific and changing needs.
- Staff Members: Individuals employed by aged care service providers.
- Management and Administration: Senior staff overseeing the operation of aged care facilities.
- Approved Providers: Entities approved by the Australian government to provide aged care services.
- Contractors and Third-party Service Providers: External businesses or individuals contracted to provide specific services within aged care settings.
- Commonwealth Government Funded Aged Care Service Providers: Providers that receive funding from the Commonwealth government.
The Commission will not handle complaints about:
The Commission cannot examine concerns about an aged care service that is not funded by the Commonwealth government.
Are you eligible to make a complaint?
Who can make a complaint?
Anyone can make a complaint to the Commission, but the Commission cannot assist if the person receiving care does not want the complaint to be examined.
Before you lodge a complaint:
If comfortable, you should first discuss your complaint with the staff or managers of the service provider. If you are unable to resolve it, the Commission can help.
What can this body do to help?
The Commission may provide:
- Early Resolution Support: Assistance in managing the concern through direct communication with the service provider.
- Conciliation: Facilitation of discussions between the complainant and the service provider to reach an agreement.
- Investigation: Examination of the issue through information gathering, discussions, service visits, record analysis, and interviews.
- Service Provider Resolution: Requesting the service provider to address the concern directly within a specified timeframe.
- Mediation: Proposal to use an independent mediator to resolve the dispute.
Possible outcomes from the above:
- Agreement: Both parties agree that the concerns have been addressed.
- Addressed: The Commission is satisfied that the service provider has resolved the issue.
- Consider Regulatory Action: The complaint may lead to regulatory responses if it relates to the service’s performance against the Aged Care Quality Standards.
- Direction Issued: The Commissioner can direct the service provider to make changes to meet their responsibilities.
- Referred for Compliance Action: Matters may be referred to the Department of Health for compliance action.
- No Further Action: In certain circumstances, no further action may be warranted.
How to prepare your complaint
Format:
Complaints can be lodged in writing or verbally.
Personal Details:
You can choose to make an open, confidential, or anonymous complaint.
Open Complaint:
Provide your identity and contact details. You will be kept informed about the progress of your complaint and have review rights.
Confidential Complaint:
Your identity and contact details are known to the Commission but not disclosed to the service provider.
Anonymous Complaint:
Neither the Commission nor the provider will know your identity. You will not be kept informed about the progress or outcome.
Respondent’s Details:
Provide the name of the aged care home or service and the state/territory in which it is located.
Relevant Facts:
Provide details of:
- The complaint itself.
- The provider’s response to your complaint (if you raised it with them).
- The resolution you want.
- Times, dates, names of staff, and any related documents.
Lodging your complaint and next steps:
You can lodge a complaint by:
- Online: You can make a complaint online here.
- Post: Aged Care Quality and Safety Commission GPO Box 9819, in your capital city
- Telephone:
- 1800 951 822 (for general complaints)
- 1800 844 044 (for food, nutrition and dining related complaints)
- Interpreter: If you need an interpreter, you can ask the Commission to arrange one when you call.
Acknowledgment:
The Commission will promptly acknowledge your complaint when you first contact them.
Initial Assessment:
The Commission will assess your concerns, record your information, and discuss your options and the complaints process.
Misdirected and Excluded Complaints:
If your complaint is not within the jurisdiction of the Commission, this will be explained, and you will be referred to other avenues that may help.
In Jurisdiction Complaints:
If your complaint is within the Commission’s jurisdiction, they will select one or more approaches to resolve the issues.
Conciliation:
The Commission may help you and the service provider discuss the issues and reach an agreement.
Investigation:
The Commission can investigate the issue, gather information, discuss the issues with both parties, visit the service, analyse records, and conduct interviews.
More information:
Refer to the factsheet provided below for more information.
