Functions

Aged Care Commissioner

The Commissioner holds a statutory appointment and is independent of the Department of Health and Ageing's Aged Care Complaints Scheme and the Aged Care Standards and Accreditation Agency.

The Commissioner's functions are set out in Part 6 of the Aged Care Act 1997, section 95A-1 (2) as follows:

  1. to examine decisions that are made by the Secretary under the Complaints Principles and are identified by those Principles as being examinable by the Aged Care Commissioner, and make recommendations to the Secretary arising from the examination;
  2. to examine complaints made to the Aged Care Commissioner about the Secretary's processes for handling matters under the Complaints Principles, and make recommendations to the Secretary arising from the examination;
  3. to examine on the Commissioner's own initiative, the Secretary's processes for handling matters under the Complaints Principles and make recommendations to the Secretary arising from the examination;
  4. to examine complaints made to the Aged Care Commissioner about
    1. the conduct of an accreditation body relating to its responsibilities under the Accreditation Grant Principles; or
    2. the conduct of a person carrying out an audit, or making a support contact, under those Principles;
    (but not a complaint about the merits of a decision under those Principles) and make recommendations to the accreditation body concerned arising from the examination.
  5. to examine, on the Aged Care Commissioner's own initiative:
    1. the conduct of an accreditation body relating to its responsibilities under the Accreditation grant Principles; and
    2. the conduct of persons carrying our audits, or making support or contacts, under those Principles;
    and make recommendations to the accreditation body concerned arising from the examination.
  6. to advise the Minister, at the Minister's request, about matters relating to any of paragraphs (a),(b),(c), (d) and (e);
  7. the functions (if any) specified in the Complaints Principles.

 

The Complaints Principles are made under s 96-1 of the Act. The Complaints Principles replaced the Investigation Principles 2007 and commenced on 1 September 2011.

The Commissioner may examine conduct either following receipt of a complaint or on the Commissioner's own initiative.

Examinable Decisions

A complainant or relevant provider who is dissatisfied with an examinable decision may, within 28 days after being told by the Secretary about the decision, apply to the Commissioner for examination of the decision.

An complainant is the person who has made a complaint to the Scheme.

A relevant provider is the approved provider to which the complaint relates.

A complainant may seek examination of:

  • A decision by the Secretary to take no further action.
  • A decision by the Secretary to end a resolution process.
  • A decision by the Secretary to confirm the decision to take no further action or to end a resolution process.
  • A decision by the Secretary to end a resolution process following a reconsideration.

An approved provider may, within 28 days after being told by the Secretary about the decision, seek a review by the Commissioner. Examinable decisions are:

  • A decision by the Secretary to end a resolution process.
  • A decision by the Secretary confirming a decision to end a resolution process, or ending a new resolution process following reconsideration by the Secretary.
  • A decision by the Secretary to issue Directions that were not part of the original decision, following a new resolution process arising from a recommendation by the Commissioner.