Complaints against Commonwealth-funded aged care services can be made to the Aged Care Quality and Safety Commission (the Commission). The Commission was established under the Aged Care Quality and Safety Commission Act 2018 (Cth) and the Aged Care Quality and Safety Commission Rules 2018 (Cth). The Act and Rules apply to both approved providers of residential aged care or home-care services, and Commonwealth-funded aged care service providers.

Since 1 January 2019, the Aged Care Quality and Safety Commission replaced the former Aged Care Complaints Commissioner and the former Australian Aged Care Quality Agency, combining the functions of the two former agencies into a single service that oversees aged care compliance monitoring, complaints, and customer service.

From January 2020, the Commission has responsibility over the Commonwealth Department of Health's aged care compliance responsibilities.

The Serious Incident Response Scheme 'SIRS' part commenced on 1 April 2021 (full commencement on 1 October 2021) and requires aged care providers to have an effective incident management system in place and to identify, record, manage, resolve and report all serious incidents that occur, or are alleged or suspected to have occurred.

There are eight types of reportable incidents under the SIRS: unreasonable use of force, neglect of a consumer, psychological or emotional abuse, unexpected death, stealing or financial coercion by a staff member, inappropriate use of restrictive practices, and unexplained absence from care. Under the SIRS, an allegation, suspicion, or witness account of any of the above serious incidents must be reported to the Commission.

From 1 July 2021, approved providers have updated and specific responsibilities under the Aged Care Act 1997 (Cth) and the Quality of Care Principles 2014 relating to the use of any restrictive practice in residential aged care or short-term restorative care in a residential care setting. A restrictive practice in relation to a care recipient is any practice or intervention that has the effect of restricting the rights or freedom of movement of the person.

From 1 September 2021, it is a requirement for all residential aged care providers to have Behaviour Support Plans ('BSP') in place for care recipients that need them. A BSP forms part of an existing Care and Services Plan and are required for any person:

The Commission's role includes:

Aged care service providers subsidised by the Australian Government must meet the responsibilities and standards of care set out in the Aged Care Act 1997 (Cth). They are also required to comply with the Aged Care Quality Standards (from 1 July 2019). Information on the Aged Care Quality Standards can be accessed via the Aged Care Quality and Safety Commission website.

A person who has a concern or complaint about a service provider's responsibilities under the Aged Care Act 1997 (Cth) should attempt to raise any concerns with the aged care service provider in the first instance. If they are unable to do this or the provider is unable to resolve their concern, they should then contact the Aged Care Quality and Safety Commission online via the Commission's website, or by telephoning 1800 951 822. Complaints can be made confidentially or anonymously and all complaints are taken seriously. Any person can raise a complaint or concern with the Commission.

The Commission may be able to assist with a concern or complaint relating to:

A complaint or concern may relate to wide range of matters including the health care or personal care assistance that a consumer is receiving, their living environment, or a concern that their personal choices or preferences are not being followed. It may relate to concerns about a staff member's role or actions, the communication of information to the consumer, or to certain fees and charges contained in care agreements.

Complaints may be resolved using one or more of the following methods:

For more information on the process of aged care complaints, see the Aged Care Complaints Process on the Aged Care Quality and Safety Commission websiteor contact the Commission 1800 951 822.