Key Points
- Aged care rights are protected in Australia for all forms of government funded services, including homecare and residential facilities.
- Official complaints can be submitted to the relevant Commission for follow up and potential regulatory action
- It is advisable to address your needs and preferences with your provider.
The Charter of Aged Care Rights covers including safe and quality care, information, personal privacy, choice, and the right to complain free from reprisal.
The Charter helps you understand the obligations of your provider and the expectations about their services.
The Aged Care Quality and Safety Commission is the national regulator of subsidised aged care services and is led by Commissioner Janet Anderson.
She says one of the ways that the Commission holds service providers accountable, is by visiting residential facilities to oversee their work.
Having your identity, culture and diversity valued and supported is one of the fundamental 14 aged care rights recognised in the Charter. Credit: Getty Images/Jasmin Merdan
- Are they treating older people with dignity and respect?
- Are they involving those people in decisions about their care?
- Are their services safe and high quality?
- Are they tailoring their care to meet the needs and preferences of individuals?
- Are they effectively managing risks to consumer health and wellbeing?
- Are they adequately staffed?
- Is the living environment safe and suitable for care
- Is the organisation itself well governed?”
Reaching out when you have a concern
The Aged Care Quality and Safety Commission is the body responsible for handling official complaints made by users of aged care services. The Commission can also act on behalf of the recipient if their concerns are not resolved.
Ms Anderson says the best option is to raise the issue with the provider first.
“But there may be a number of reasons why an individual would be uncomfortable or reluctant to raise a matter directly with their provider. And in that circumstance, we are absolutely ready to assist. There should be no hesitation in contacting the Commission.”
Being informed about the care and services you receive in a way you understand is a responsibility of the provider. Credit: Getty Images/Klaus Vedfel
There are approximately 200 OPAN aged care advocates across the country, who can work with family or friends of the older person if needed.
Craig Gear is the Chief Executive Officer of OPAN, he says independent interpreters are also available to help.
“So we can hear from the person themselves that they want, and they can give us the direction to how they want their issue raised and how they want it resolved.”
If you receive subsidised aged care services in Australia, you have the right to an aged care advocate. Credit: Getty Images/Yoshiyoshi Hirokawa
Know your rights
According to Professor Joseph Ibrahim, a geriatrician and Head of the Health Law and Ageing Research Unit at Monash University, aged care recipients and their relatives usually hesitate to complain.
There are additional barriers, he says, for those who speak English as a second language.
People often won't take you seriously because of your accent or not knowing the correct words. It also makes it hard to get people to understand why something is particularly important for your cultural background.Professor Joseph Ibrahim, Head of the Health Law and Ageing Research Unit, Monash University
The Charter of Aged Care Rights covers all forms of government-funded aged care services, Mr Gear says.
“From what's called the Commonwealth Home Support Program, the Home Care Packages, the flexible aged care, short term restorative care, or into residential aged care and respite.”
Not being offered culturally appropriate food choices as a nursing home resident is a valid concern that can be raised with the provider, says Mr Gear. Credit: Getty Images/Richard Bailey
You’ve got the right to have information provided to you in a way that you understand. And that means translated, or using interpreters, or communication aids, if that's a barrier to your understanding.Craig Gear, OPAN CEO
Making a complaint
To lodge an official complaint relating to any subsidised aged care service, you don’t necessarily need to be the services recipient.
Relatives and friends of the recipient, or even an aged care worker can lodge a complaint.
There are several ways to file a complaint, including an
Upon receiving a complaint, the Aged Care Quality and Safety Commission, engages with both the provider and the complainant.
If the issue remains unresolved, the Commission might take action within its regulatory powers if appropriate.
Some forms of action, however, are out of scope for the Commission, according to Ms Anderson.
“We don't provide legal advice, and we don't provide healthcare advice […] We don't investigate the cause of death because that is in the jurisdiction of coroners. And we don't get involved in staffing matters relating to the provider staff such as wages, terms and conditions of employment.”
Although OPAN is funded by the Australian Department of Health and Aged Care, it acts independently from government and providers, CEO Craig Gear explains.
“We can raise issues with the government where we see that there's a problem in the aged care system. Or we go at the direction of the older person to speak to their aged care provider to get that issue resolved.”
Having your complaint listened to, investigated, and acted upon is a protected right under the Charter of Aged Care Rights Credit: Getty Images/FG Trade
Rather than saying ‘that nurse was awful, the water was too cold when I went in', Prof Ibrahim suggests to turn the conversation around by saying; ‘I like the shower late in the morning, I like it to be very warm. Can someone let me know if they can't do it?'
If your needs are still not met, Prof Ibrahim shares the following tips for effectively making a complaint:
- Choose a relative or friend you trust who you know is calm and polite to help you get your point across.
- Keep a record of what’s being said and happening, in case the problem remains unresolved, and you need information and evidence.
- Have an open mind to hear the other side.
Do you need an aged care advocate?
An advocate can help you explore options and make informed decisions. They can also help you to raise your concerns and work towards resolving them.
- Call the National Aged Care Advocacy Line on 1800 700 600 (free call)
- For more information visit the website
Do you need to contact the Aged Care Quality and Safety Commission?
The Commission can help you to resolve a complaint about an aged care provider.
- Call the Commission on 1800 951 822
- Email info@agedcarequality.gov.au
- Visit the website
