The New South Wales Ageing and Disability Commission ('the Commission') protects the rights of older adults and adults with disabilities from abuse, neglect, and exploitation. This independent agency raises awareness, responds to allegations, investigates cases, seeks court orders to protect individuals, and advises the government on systemic issues.
What types of complaints can you make?
Reports of concerns can be made to the Commission about existing, or the risk of abuse, neglect or exploitation of an Older Adult or Adult with a disability. This includes things such as:
- Financial abuse: Make a complaint if someone controls or tries to control your money without permission, uses your credit cards, coerces you about property, steals valuable items, takes control of your banking, or abuses powers of attorney for financial gain.
- Psychological abuse: Make a complaint if someone treats you in a way that upsets you, including bullying, hurtful names, threats, isolation from family or friends, preventing use of communication services, or stopping you from practicing your religion.
- Neglect: Make a complaint if someone fails to provide necessary care or support, including food, clean clothes, medicine, safe living conditions, or access to medical and social support.
- Physical abuse: Make a complaint if someone physically harms you, including hitting, kicking, grabbing, shoving, or controlling you with physical force or medication changes without your knowledge.
- Sexual abuse: Make a complaint if someone forces you to do sexual things against your will, including rape, inappropriate washing, sexual exposure, forced nudity, or inappropriate touching or speaking.
Jurisdiction:
The Commission can deal with reports concerning abuse, neglect, and exploitation of Older Adults or Adults with disabilities residing in NSW, even if the conduct occurred in another state.
Time Limitations:
There are no time limitations on when the abuse, neglect, or exploitation occurred; the Commission will receive reports regardless of when the conduct took place.
Exercise of Discretion:
The Commission can decide whether to take action on a report, ask for more information, refer the report to another body, or conduct an investigation.
Who can you make a complaint against?
You can make a complaint about individuals. For an Older Adult or Adult with a disability, this includes:
- Member/s of the family;
- Friend;
- Neighbour;
- Person from the community;
- Or anyone else you rely on outside of your immediate family.
The Commissioner will not deal with complaints about:
Reports cannot be made about paid service providers for Older Adults or Adults with disabilities.
Additional Information:
The Commission may refer certain matters to other support agencies, such as the NDIS Quality and Safety Commission, Aged Care Quality Safety Commission, Health Care Complaints Commission, or NSW Police.
Are you eligible to make a complaint?
Who can make a complaint?
Anyone who suspects an Older Adult or Adult with a disability is at risk of abuse, neglect, or exploitation can make a report, whether about themselves or someone they know.
Before you lodge a complaint:
No steps are needed before making a report to the Commission.
Can complaints be made on behalf of someone?
Reports can be made on behalf of the person concerned without needing their consent.
The Commissioner will not deal with complaints about:
The Commission cannot accept reports for individuals under 65 years (or under 50 for Aboriginal or Torres Strait Islander people) or those with disabilities under 18 years.
Additional Information:
Reporters are protected under NSW law.
What can this body do to help?
The commission may provide:
- Referral to another agency: The Commission can refer reports to appropriate agencies like NSW Police, NDIS Quality and Safeguards Commission, or Aged Care Quality and Safety Commission.
- Seek orders from a Court or NCAT: The Commission can apply for court orders to protect the immediate safety and rights of the person involved.
- Report to the Minister: The Commissioner can make recommendations to the Minister regarding matters of abuse, neglect, and exploitation.
How to prepare your complaint
Format:
Reports can be made by telephone (1800 628 221), email (helpline@adc.nsw.gov.au), or online (nsw.gov.au).
Personal Details:
Provide your name, email, contact number, and specify if you are reporting for yourself or someone else, and your relationship to the person concerned.
Respondent’s Details:
Include details of the person involved in the abuse, neglect, or exploitation, such as name, age, relationship, and contact details.
Relevant Facts:
Provide detailed information about the concern, including the person's contact details, what you have witnessed, any immediate risks, support services involved, steps taken to resolve the issue, and supporting documents.
What NOT to include:
Do not include false or misleading statements.
Additional Information:
The Commission will use the information to respond to the report or refer it to other agencies. Personal information will not be disclosed if the report is anonymous.
Lodging your complaint and next steps:
Submitting your complaint:
- Online Form: Submit Here
- Email: helpline@adc.nsw.gov.au
- Post: Level 6, 93 George Street, Parramatta NSW 2150
- Telephone: 1800 628 221 (Monday to Friday 9:00 AM – 4:00 PM AEST/AEDT) (For anonymous complaints)
After you submit your complaint:
- Via Telephone: The Commission can provide support on the call.
- Via Online Form: The Commission will try to respond the next business day.
- Via Email: Your report will be responded to as soon as possible.
- Upon receipt of your complaint, the Commission will assess what should happen next. They may ask you for further information or documents to support the Report or reach out to other necessary agencies or bodies to obtain the information they need to make an assessment.
Investigation:
- Consent: A formal investigation will generally require the consent of the Older Adult or Adult with a disability unless there is a valid reason this cannot occur (e.g. the person is not capable of giving consent or the allegation is so serious that there is a risk to personal safety).
- Timeframe: The timeframe can vary depending on the nature and severity of the complaint, and how much information is needed to be obtained. This can range from a few days, to a few months and will progress on a case-by-case basis.
Following Investigation:
- Safety and Rights: Once the Commission can ensure that the safety and rights of the Older Adult or Adult with a disability are protected, it will close its Investigation.
- Public Inquiry: A public inquiry into the abuse, neglect or exploitation of an Older Adult or Adult with a disability will take place if the matter is very serious or is in the public interest.
- Advocacy and Legal Representation: You will be informed if you or the person of concern should engage an advocate or lawyer, which may be necessary for legal proceedings, regulatory matters, or navigating other complexities, particularly in cases concerning criminal matters, civil litigation, professional misconduct, or for guardianship or administration orders.
Additional Information:
- You should try to provide all relevant information at the outset to ensure a timely response from the Commission.
- You should also update the Commission about any change in circumstances that may impact your complaint.
More information:
Refer to the factsheet provided below for more information.
