Where to make aged care complaints | Aged Care Reform Now

Help and advice with complaints

Outlining the complaints process across the aged care system

We’ve detailed all of the options available to you if you need to make an aged care complaint or share feedback.

As a volunteer advocacy group Aged Care Reform Now is not set up to provide support or advice. There are many conversations in our community about this topic and the experiences people have with providers and the wider system. You are welcome to join our private Facebook community to share any questions with the group.

Lodging a complaint with your service provider

The first option is to give your feedback directly to senior staff of your service provider if you feel safe to do so. This helps to build collaborative and healthy relationships.

All providers will have a complaints policy that outlines how they will manage your complaint.

Things to know about aged care providers obligations for managing complaints

When receiving aged care services in Australia, it’s helpful to know your rights as a consumer. The government has set standards to ensure quality care that aged care providers must comply with when delivering care. Here are the key points to be aware of in relation to feedback and complaints:

1. Quality Standard 6 focuses on feedback and complaints
Aged care providers are expected to encourage and support consumers and their representatives to provide feedback or raise concerns about their care and services. The standard speaks to the importance of providers building trust and confidence and assuring consumers that there won’t be negative consequences for speaking up.

2. Effective Complaints Management
A vital component of the complaints process is how a provider “responds to feedback and complaints consumers and others make formally and informally, written or verbally to the organisation.” Providers should respond to consumers, their families, friends, carers, and others who voice their concerns. The system should follow principles of procedural fairness and natural justice, managed in line with better practice guidelines.

3. Best Practice Complaint Handling
The ACQSC Better Practice Guide to Complaints Handling in Aged Care provides valuable insights into how providers should be managing their processes. Key elements of best practice complaint handling include:
– Transparency: Complainants and consumers should be informed about the steps in the complaints process and given an opportunity to participate in reaching a resolution. Regular communication should be maintained with all parties involved.
– Opportunity for Input: Complainants and consumers should have the chance to present their point of view. They should also be given the opportunity to comment on information or claims from other sources.
– Clear Communication: Once the service provider reaches a decision, it should be clearly communicated to the complainant and any other relevant parties. While a conversation may suffice for some cases, serious, complex, or disputed matters may require a written explanation.

By being aware of these points, you can identify whether your feedback and complaints are being heard and addressed appropriately. Aged care providers should have robust processes in place to manage complaints effectively, in a way that is fair and that provides open communication throughout the process.

References:
• https://www.agedcarequality.gov.au/providers/standards
• https://www.agedcarequality.gov.au/providers/standards/standard-6
• https://www.agedcarequality.gov.au/resources/better-practice-guide-complaints-handling-aged-care-services

Government agencies where you can lodge a complaint

There are a range of government agencies that you contact to lodge a complaint. Information for who to contact in different scenarios is listed below.

Is your concern or complaint about My Aged Care service or information?

Contact MyAgedCare
Website: https://www.myagedcare.gov.au/contact-us
Phone: 1800 200 422
My Aged Care office hours are Monday to Friday 8am to 8pm and Saturday 10am to 2pm.

More information is available on the My Aged Care portal: https://www.myagedcare.gov.au/contact-us/complaints

Is your complaint about the Home Support Assessment?

For complaints about your home support assessment experience and home support assessment outcome talk to your Regional Assessment Service (RAS) assessor or organisation. They will discuss your concerns and help to resolve any issues. The RAS will have their own complaints process you can ask for and will need to follow.

If you don’t know the contact details of your RAS assessor or organisation. My Aged Care can provide them to you.

You can also contact My Aged Care if you are not satisfied with the outcome.

My Aged Care
Website: https://www.myagedcare.gov.au/contact-us
Phone: 1800 200 422
My Aged Care office hours are Monday to Friday 8am to 8pm and Saturday 10am to 2pm.

Is your complaint about the ACAT assessment?

You can complain or share your concerns about the ACAT assessment experience and outcome.

As a first step contact your ACAT assessor or organisation. They will have their own complaint process to follow.
If you do not know the contact details of your ACAT assessor, My Aged Care can give them to you.

My Aged Care contact details
Website: https://www.myagedcare.gov.au/contact-us
Phone: 1800 200 422
My Aged Care office hours are Monday to Friday 8am to 8pm and Saturday 10am to 2pm.

You can challenge the comprehensive assessment (ACAT) decision outlined in the approval letter. The first review is free of charge, and it needs to be made in writing to the Secretary of the Australian Government Department of Health. You need to outline why you think the decision should be changed within 28 days of receiving the approval letter. Address your letter to:

The Secretary
Department of Health
Attn: Aged Care Assessment Program Reconsiderations
GPO Box 9848
ADELAIDE SA 5001

You can lodge a second review if you are still unhappy with the Secretary’s review. There is a cost or charge for the second review which is lodged via the Administrative Appeals Tribunal: https://www.aat.gov.au/

More information is available on the My Aged Care portal: https://www.myagedcare.gov.au/contact-us/complaints

Is your complaint about an aged care provider?

Raise the complaint directly with the aged care provider. Providers of aged care services must provide details of their complaints management procedure.

My Aged Care clearly outlines that complaints or concerns can be shared about “quality of your care, how you are treated by staff, the accuracy of your invoices or the choice of activities provided by your aged care provider”.

If you are uncomfortable about raising a complaint directly with the aged care service provider, or the issue is not resolved with the service provider, you can discuss the complaint with the Aged Care Quality and Safety Commission (ACQSC).

Complaints to the ACQSC can be lodged by phone, in writing, and online. The complainant can choose to remain anonymous. The ACQSC will investigate, mediate and try to resolve the complaint.

Aged Care Quality and Safety Commission:
Phone: 1800 951 822
Website: https://www.agedcarequality.gov.au/

Is your complaint related to an assault?

Complaints related to suspicions or allegations of assaults should be made to the Service Provider. The Service Provider must in certain circumstances provide details of the assault to the Police and The Australian Aged Care Quality and Safety Commission.

Where you are uncomfortable raising this issue with the Service Provider you can lodge a complaint directly with The Aged Care Quality and Safety Commission and the Police.

Is your complaint or concern about elder abuse?

There is a national elder abuse hotline that provides information on how to get help, support and referrals.

Call 1800 ELDERHelp or 1800 353 374. This is a free call number.

The My Aged Care complaints page has helpline information for each state and territory. https://www.myagedcare.gov.au/contact-us/complaints

Is your complaint or concern about financial management of an aged care home?

For concerns about financial management of an aged care home, contact the Australian Securities and Investments Commission (ASIC). ASIC can investigate financial operations of aged care operators.

Australian Securities and Investment Commission
Website: https://asic.gov.au/about-asic/contact-us/how-can-we-help-you/
Phone: 1300 300 630

If you remain unhappy with the outcome of a complaints process.

If you remain unhappy with the outcome or how the complaint was handled you can ask for a review of the decision. There are a number of organisations that can assist you, these include;

Commonwealth Ombudsman
Website: http://www.ombudsman.gov.au/
Phone: 1300 362 072.

Administrative Appeals Tribunal Commonwealth
Website: https://www.aat.gov.au/
Phone: 1800 228 233

If you need help making a complaint to the Aged Care Quality and Safety Commission.

The Older Persons Advocacy Network (OPAN) can assist and support you with submitting and making a complaint to the Aged Care Quality and Safety Commission. Their services are free, independent, and confidential. More information about OPAN is available on the My Aged Care website advocacy page.
OPAN website: https://opan.com.au/
Call OPAN: 1800 700 600.

Aged Care Justice – A Legal Support Service

Aged Care Justice can provide legal support if you have an issue with aged care services and would like to explore your rights and options.

About Aged Care Justice

Aged Care Justice Inc is a registered charity supporting Australians living in residential aged care or receiving home care, by providing access to legal services, educational material on aged care rights and lobbying for sector reform.

The Founder of Aged Care Justice is Dr Bryan Keon-Cohen AM KC and our Patron is the Honourable Tony Pagone AM KC, a former Federal Court Judge and Chair of the Royal Commission into Aged Care Quality and Safety. The organisation was formed in 2020 by senior legal and clinical professionals who wanted to ensure all Australians receive quality aged care services, are treated with dignity and respect, and have an avenue to justice.

What happens when you contact Aged Care Justice

When a person contacts Aged Care Justice, their issue is listened to. People are connected with a legal firm selected for their interest and expertise in supporting aged care issues, who will provide:

a free legal consultation;
the most efficient and economical way to proceed after the initial consultation, including pro bono for those who qualify.

Some of the types of issues Aged Care Justice can assist with include:

Malpractice, i.e. mistreatment, unlawful use of restrictive practices
Negligence
Wrongful death
Guardianship and Powers of Attorney
Contract issues, i.e. overcharging of fees
Restrictions on visitation

Contact Aged Care Justice today:

Call: 03 9016 3248
Email: info@agedcarejustice.org.au
Get Help Form: https://www.agedcarejustice.org.au/get-help/
Website: https://www.agedcarejustice.org.au/

Help report understaffing with Aged Care Watch

Aged Care Watch allows aged care workers, residents, and family members to report and visually represent the thousands of understaffing and workload issues in aged care facilities across Australia.

It is an initiative of The United Workers Union aimed to raise community awareness to put real pressure on decision-makers to fund more care-time.

Note, this is not an official complaints service.

Add your report at https://www.agedcarewatch.org.au/.