Frequently Asked Questions

What can I expect from the Aged Care Commissioner?

You may wish to read the Commissioner's Service Charter on this website. The Commissioner holds a statutory appointment and is independent of the Department of Health and Ageing's Aged Care Complaints Investigation Scheme (the Scheme) and the Aged Care Standards and Accreditation Agency (the Agency). You can expect the Commissioner to acknowledge your complaint or application for review of an examinable decision (appeal) and to deal with your concerns in an impartial and independent way.

We will explain clearly what the Commissioner can and cannot do and give you full reasons for the outcome of your complaint or appeal.

What does it cost?

There is no cost. The services provided by the Commissioner are free.

Do I have to give my name?

No. However, if you do not give us your name, we may not be able to investigate your complaint or deal with an appeal against a decision made by the Scheme. For further information please read our privacy statement. You may also ask advice by contacting the Communications Officer on 1800 500 294.

I can't afford a lawyer, can the Commissioner help me?

The Commissioner is not able to provide you with legal advice or represent you like a solicitor. If you believe you require legal advice you may wish to contact a Legal Aid service or an aged care advocacy service.

Can I speak to the Commissioner?

The Commissioner has established a process for receiving information, appeals and complaints. When calling this office, you will be transferred to the appropriate officer who will assist you.

Complaints

Who can complain to the Commissioner?

Anyone who has had dealings with the Scheme or the Agency can make a complaint to the Commissioner.

How long have I got to lodge a complaint?

The Commissioner is only able to deal with matters that took place on or after 1 May 2007. Generally speaking, you should lodge a complaint to the Commissioner as soon as possible.

Do I need to complain to the organisation first?

It is a good idea to try and resolve a complaint at the point of origin in the first instance. This will give the organisation you are complaining about the opportunity to resolve the complaint. If you are not satisfied with the response from the organisation you may then contact the Commissioner.

How do I lodge a complaint?

For a complaint, you can start by telephoning us for advice and speaking with the Communications Officer on 1800 500 294.

To lodge a complaint, you can use the online complaint form or write to the Aged Care Commissioner at Locked Bag 3, Collins Street East, Victoria 8003.

If you decide to make a complaint and have difficulty writing the letter, we can help. We can also arrange for an interpreter or ITT services. When you write to us it would help if you include copies of all relevant correspondence between you and the organisation you are complaining about. Do not send us your original documents.

What information should I include in my complaint?

It is important that you briefly explain your concerns in your own words. You should focus on the main problems and facts. Be brief and concise but provide enough details for us to make an assessment of the circumstances and decide on the most appropriate response. Explain what outcome you are seeking.

If you have unsuccessfully attempted to resolve your complaint with the organisation, explain what happened and why you are not satisfied with the outcome. If you have relevant supporting documents, include copies with your letter of complaint.

When writing your complaint it might be helpful to think about the following:

  • Which processes caused you most concern?
  • What happened, where and when?
  • Were there any witnesses - have you included their details?
  • Can you provide any evidence, for example copies of documents or photographs?
  • Have you already taken any action about your complaint, if so, who with and what was the result?
  • What outcome are you seeking as a result of this complaint?

What happens after I make the complaint?

We will acknowledge receipt of your complaint promptly and consider it carefully. The Commissioner has discretion not to examine complaints in some circumstances, however; most complaints that fall under the Commissioner's jurisdiction are accepted. If, following an assessment, the Commissioner does not accept your complaint you will be notified promptly and given reasons why the complaint was not accepted.

Some straightforward complaints may be able to be resolved by conciliation which may involve contacting the organisation concerned by telephone or in writing to seek its comments or an explanation.

If the Commissioner decides to investigate, we will examine the oganisation's electronic and hard copy files and any written submissions. We may also interview you and any witnesses, as well as the organisation's staff.

How long will it take to investigate my complaint?

Some straightforward complaints can be resolved quickly; however, complex matters take longer to investigate. Where a complaint includes a range of issues and potentially involves numerous individuals, gathering the necessary evidence and formulating recommendations may take some weeks or months.

We will keep you informed of the progress of our enquiries or investigation.

What happens when the investigation is completed?

Once the Commissioner has come to a preliminary view you will receive a copy of the draft report. You will be invited to comment on the preliminary views and recommendations. The Commissioner will then consider all comments received in the preparation of the final report. Once finalised, we will inform you of the outcome of the Commissioner's enquiries or investigation.

What will happen to me if I complain?

The Aged Care Act 1997 makes provision for a complaints process for Commonwealth funded aged care services. If you believe you are being victimised because of your dealings with either the Scheme or the Agency, you are able to lodge a complaint with the Commissioner. A complaint can be made without fear of reprisal. The Commissioner takes such allegations seriously and may be able to investigate your concerns.

Will my complaint make a difference?

Yes. Even if your complaint is not upheld, the Commissioner and the organisation involved may examine the circumstances which led to the complaint. While the organisation's actions may have been correct, the processes it adopted may be improved by the provision of additional information.

The Commissioner keeps records of complaints and can sometimes identify patterns which may point to a systemic problem in how an organisation carries out its functions.

In some cases, your complaint may lead to a change in an organisation's policies or procedures that will affect and improve how the organisation deals with people.

Review of an Examinable Decision (Appeal)

What decisions can be reviewed by the Commissioner?

The Commissioner is not able to deal with accreditation decisions made by the Agency. These decisions are subject to external appeal to the Administrative Appeals Tribunal.

A Type A informant may, within 14 days after being told by the Secretary about the decision, seek a review by the Commissioner. Examinable decisions are:

  • A decision by the Secretary not to investigate a matter.
  • A decision by the Secretary to cease investigating a matter.
  • A decision by the Secretary that there has not been a breach of the approved provider's responsibilities.
  • A decision by the Secretary not to issue a Notice of Required Actions (NRA).
  • A decision by the Secretary setting, adding or varying conditions of an NRA.
  • If the Secretary determines, after reconsideration, to issue an NRA for the first time, the decision to issue an NRA is an examinable decision.

An approved provider may, within 14 days after being told by the Secretary about the decision, seek a review by the Commissioner. Examinable decisions are:

  • A decision by the Secretary that there has been a breach of the approved provider's responsibilities.
  • A decision by the Secretary to issue a NRA.
  • A decision by the Secretary setting, adding or varying the conditions of a NRA.
  • If the Secretary determines, after reconsideration, to issue an NRA for the first time, the decision to issue an NRA is an examinable decision.

How can I apply for a review of a decision?

The Commissioner must receive your application with 14 days after being told by the Secretary about the decision made by the Scheme. The Commissioner has no discretion to extend this period or to accept applications outside the legislative timeframe. To lodge an appeal, you must provide reasons for the appeal against the decision, other than being merely dissatisfied. An appeal may be lodged verbally or in writing.

You are able to lodge an application by:

  • by facsimile on (03) 9663 7369;
  • by writing to the Aged Care Commissioner, Locked Bag 3, Collins Street East, Victoria 8003;
  • by emailing complaints@agedcarecommissioner.net.au; or
  • by calling 1800 500 294.

Can the Commissioner refuse to examine a decision?

The Commissioner may refuse to examine an examinable decision, if:

  • the application is frivolous or vexatious; or
  • the application was not made in good faith; or
  • the application relates to a matter that is, or has been, the subject of a legal proceeding; or
  • the Commissioner has requested the applicant to record the application in writing and the applicant has failed to do so.

How long can the Commissioner take to examine a decision?

Within 60 days after the day the application is received, the Commissioner must give the Secretary:

  • a recommendation about the examinable decision; or
  • a report about a refusal to examine the examinable decision.

If the Commissioner can't change the Scheme's decision, what is the point in appealing?

The Commissioner does not have determinative powers and does not have the power to change the Scheme's decision or to force the Scheme to change a decision or to comply with a recommendation. However, the Commissioner is able to recommend that the Scheme takes another course of action. The legislation requires that the Scheme re-examines its decision and advises the parties of the "new" decision within 21 days after receiving the Commissioner's recommendation.