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How to make a complaint about an aged care home
- Complaints Investigation Scheme
- Advocacy services
- Bringing your complaint to the aged care home
- Legal aid
- Human Rights and Equal Opportunity Commission
- Compliance action
The Australian Government provides or supports a number of schemes to help make sure that people living in aged care homes receive quality care. The broader community — including family, friends and visitors as well as staff, doctors and volunteers — also has a responsibility to ensure that homes are accountable, and that all older Australians receive quality care.
Aged Care Complaints Investigation Scheme
The Aged Care Complaints Investigation Scheme is available to anyone who wishes to make a complaint about an Australian Government-funded aged care home, including:
- people living in aged care homes
- people receiving community aged care packages or flexible care, or
- relatives, guardians or representatives of those receiving care.
The scheme is:
- a free service which seeks to resolve complaints about the health, safety and/or welfare of people receiving aged care
- able to refer issues that may be more appropriately dealt with by others (e.g. police, nurses and medical registration boards), and
- overseen by the Aged Care Commissioner.
A complaint may be about any aspect of a government-funded aged care home that should be provided or made available to people receiving care. This may include care, catering, financial matters, hygiene, security, activities, choice, comfort and safety.
Complaints may be made openly or confidentially. Personal information can also be provided.
If required, the scheme can provide access to:
- an interpreter service
- a TTY (deaf link) phone service, or
- a free and confidential advocacy service (more information).
You can make a complaint either by telephone, during business hours, on toll free 1800 550 552, in writing to: Aged Care Complaints Investigation Scheme, C/- Department of Health and Ageing, GPO Box 9848 in your capital city.
Advocacy services
Aged care advocacy services operate in all states and territories, and are funded by the Department of Health and Ageing to assist people to exercise their rights and to provide advice and support.
An advocate is someone who stands beside you and works solely on your behalf and at your direction.
They listen to your concerns, give you information and speak up for you if you want them to. Before taking any action, they will seek your permission.
Advocates can:
- support you in speaking out on your own behalf,
- speak for you to service providers and other agencies, e.g. the Complaints Investigation Scheme, about your concerns, and
- refer you to other agencies when needed.
Advocacy services can:
- provide you with information and advice about your rights and responsibilities,
- support you in being involved in decisions affecting your life,
- assist you to resolve problems or complaints about aged care services, and
- promote the rights of older people to the wider community.
Advocacy services are available to all consumers of Australian Government-funded aged care services. This includes people who:
- live in an aged care home,
- receive a community aged care package,
- receive flexible care (more information),
- have been assessed by an Aged Care Assessment Team (ACAT or ACAS in Victoria) (more information),
- used to receive aged care services, or
- are representing the interests of the person receiving aged care services.
Aged Care Advocacy is a free confidential service, call 1800 700 600.
Bringing your complaint to the aged care home
In the first instance it is often best to talk over problems with your aged care home.
Aged care residents or their carers, friends and family have the opportunity to participate in decisions about the services received. Each aged care home has processes to ensure that residents can have input into services.
Legal aid
There are independent legal aid commissions in all states and territories. They provide a broad range of legal aid services and legal representation.
Human Rights and Equal Opportunity Commission
The Human Rights and Equal Opportunity Commission administers Commonwealth laws relating to human rights infringements and discrimination.
The Commission can investigate matters that include discrimination on the grounds of race, colour or ethnic origin, racial vilification, sex, sexual harassment, marital status, pregnancy, or disability.
Phone:
1300 369 711 (General enquiries)
1300 656 419 (Complaints information line)
1800 620 241 (TTY).
Compliance action
The Department of Health and Ageing can take compliance action to ensure that the agreed standards of care, services and accommodation are met in all government-funded aged care facilities, or approved providers (more information).
If an approved provider does not meet its obligations under the Aged Care Act and is non-compliant, the Secretary of the Department or their delegate may impose requirements for the approved provider to achieve those standards.
This involves issuing a series of notices, beginning with a Notice of Non-Compliance that outlines the action the provider is required to take.
A sanction (more information) may be imposed if the provider fails to remedy the situation. If there is immediate and severe risk to the health, safety or the wellbeing of the residents, a sanction may be imposed immediately.
In serious cases sanctions may be imposed which result in the provider’s eligibility for public funding being revoked. Residents are advised when a sanction is imposed, and it is published on the Department’s website.
Further information: Aged Care Information Line (more information) 1800 500 853.
Common questions on this topic:
- I'm not confident of talking with people when it might be a difficult or complex conversation. Is there anyone who can support me if I have a concern about an aged care home?
- What can you complain about?
- What is the Aged Care Complaints Investigation Scheme?
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