Providers of residential, community and flexible care must establish a complaints resolution mechanism for the service and use it to address any complaints made by or on behalf of a care recipient. Providers must provide information about the internal and the external complaints mechanisms to care recipients or their representatives.
Care recipients (and their representatives) have the right to complain about the care and services they are receiving and to take action to resolve disputes. They also have the right to access advocates and other avenues of redress. Providers are required to deal with complaints fairly, promptly, confidentially and without retribution (s.56-4 AC Act: Accreditation Standards; Community Care Common Standards; Charter of Residents' Rights and Responsibilities; Charter of Rights and Responsibilities for Community Care).
The Aged Care Complaints Scheme (the Scheme) is managed by the Office of Aged Care Quality and Compliance within the Department. Anyone may provide the Scheme with information (by way of a complaint or otherwise) regarding anything that may be a breach of a provider's responsibilities under the AC Act or the Principles (s.16A.5 Investigation Principles 2007 ("Investigation Principles")).
Under the Investigation Principles, the Scheme's functions include:
- assessing and investigating complaints about providers;
- determining whether or not a provider has breached any of its responsibilities under the AC Act or the Principles;
- giving information to the informant and the provider about the outcome of an investigation and about their review rights; and
- if a provider has breached its responsibilities, determining whether or not to issue a Notice of Required Action that tells the provider the action it needs to take to remedy the breach or breaches (Parts 1–5 Investigation Principles).
On 22 June 2011 the Aged Care Amendment Bill 2011 was passed by Parliament ("Bill"). Part of the Bill contains amendments to the AC Act which enable the making of new Complaints Principles in place of the Investigation Principles. These amendments come into effect on 1 September 2011. It is intended that the new Complaints Principles will improve the process of handling complaints and increase the focus on achieving the best outcomes for care recipients, their families and other representatives. They will enable the Scheme to adopt a range of approaches to assist in resolving complaints, for example, conciliation, mediation and investigation.
An online complaints form can also be completed.
The Aged Care Commissioner ("the Commissioner") holds a statutory appointment and is independent of the Department and the Agency. The Commissioner's functions are set out in section 95A-1 of the AC Act and Part 6 of the Investigation Principles (to be replaced by new Complaints Principles from 1 September 2011, see: "Aged Care Complaints Scheme", above).
The Commissioner has the power to examine certain decisions made by the Scheme under the Investigation Principles and to make recommendations to the Scheme arising from the examination (s.95A-1(2)(a) AC Act). A care recipient (or their representative) may ask the Commissioner to examine any of the following decisions within 14 days of being told about, or given feedback on, the decision:
- a decision not to investigate a matter;
- a decision to end an investigation;
- a decision that the relevant provider has not breached its responsibilities under the AC Act or Principles;
- a decision not to issue a NRA;
- a decision setting, adding or varying conditions of a NRA that directly relates to the care recipient or their representative.
A provider may ask the Commissioner to examine any of the following decisions:
- a decision that the provider has breached its responsibilities under the Act or Principles;
- a decision to issue a NRA;
- a decision setting, adding or varying conditions of a NRA.
Requests for examinations may be made orally or in writing and may be supported by additional information (Part 6, Div. 6.1 Investigation Principles). Under the new Complaints Principles the Commissioner may be given the power to examine other decisions made by the Scheme.
The Commissioner also has the power to examine complaints made about the Scheme's processes for handling matters under the Investigation Principles and to make recommendations to the Scheme arising from the examination (s.95A-1(2)(b) AC Act; Part 6, Div. 6.2 Investigation Principles). The Commissioner may also initiate an "own motion" examination of the Scheme's processes for handling these matters and make recommendations to the Scheme arising from the examination (s.95A-1(2)(c) AC Act).
The Commissioner may also deal with complaints about how the Agency conducts itself with regard to the accreditation of Australian Government-subsidised residential care services and may also initiate an own motion examination about such conduct (s.95A-1(2)(d) & (e) AC Act). The Commissioner’s office is based in Melbourne.
Advocacy services are funded in each state and territory under the AC Act to provide free, independent and confidential information, advice and advocacy to people who are, or may become, care recipients, and to their representatives. Advocacy services can:
- assist care recipients and/or their representatives to resolve problems or complaints in relation to their aged care services;
- inform and educate care recipients, their representatives, providers and the general community about the rights of care recipients and potential recipients of aged care services;
- assist care recipients and their representatives to exercise those rights; and
- consult on policies to enhance consumer rights.
The Victorian advocacy service is:
A provider must allow an advocate from the advocacy service to have access to a residential care service during normal business hours, or at any time if a resident or their representative has asked an advocate for assistance (s.23.10 User Rights Principles).
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COMPLAINTS AND DISPUTE RESOLUTION :: Last updated: Thu Jul 1st 2010