Service Charter

This Charter is a resource for people who seek the assistance of the Office to examine certain decisions made by the Scheme or to resolve their complaints about the operations of the Scheme or the Agency. It sets the standards of service that can be expected from us, and the steps to take if those standards are not met.

We are committed to providing the best service possible. We will regularly monitor and report on our performance against the Charter standards and use them to promote further improvement.

Background

The Aged Care Commissioner (the Commissioner) holds a statutory appointment and is independent of the Department of Health and Ageing (DoHA) and the Aged Care Accreditation Agency (the Agency). The Commissioner's functions and reporting requirements are outlined in Part 6.6 Division 95A of the Aged Care Act 1997.

The Office of the Aged Care Commissioner (the Office) is available to anyone who has a question about the processes adopted by, or wants to complain about, the operation of the Aged Care Complaints Investigation Scheme (the Scheme), the Agency or the conduct of its staff carrying out an audit or support visit.

The Scheme is located within the Office of Aged Care Quality and Compliance (OACQAC) in each DoHA State/Territory office. While staff are directly responsible to their respective State/Territory managers, OACQAC Central Office Canberra is responsible for policy decisions in relation to complaint handling as well as the overall day to day management of the Scheme.

The Agency is an independent company limited by guarantee, established under the Australian Securities and Investments Commission, and subject to the Commonwealth Authorities and Companies Act 1997. It is the body appointed by DoHA as the accreditation body under the Aged Care Act 1997. The Agency operates through a national office with additional offices located in each jurisdiction.

Role and Values

The Office investigates complaints from people who believe they have been unfairly treated by the Scheme or the Agency. The Office is also able to review certain decisions made by the Scheme and to conduct own motion investigations in relation to the processes adopted by the Scheme and/or the Agency.

We know you value and anticipate a high standard of service and we are committed to providing quality professional services and meeting your expectations. We will clearly explain our processes and while we do not provide legal advice or advocate for any party, we can assist you when lodging a complaint by actively listening and seeking to understand your requirements and what is important to you.

We will investigate complaints where appropriate and seek to resolve those complaints in an impartial, fair and effective way. We will also examine relevant decisions objectively and without bias.

Our services are free of charge. Our staff act with integrity and strive to maintain the highest standards of professionalism in their work. We are committed to being accessible to stakeholders and the wider community and to managing complaints in an impartial and fair manner. In your dealings with us you can expect to be treated with courtesy and respect. We have a strong commitment to continuous improvement and are accountable for our actions and decisions. The Office will be responsive to Government and attentive to public interest considerations when providing advice to the Minister.

The Service You Can Expect From Us

We will give careful attention to your complaint. If it is something we can and should investigate, we will do so as quickly as possible, acting independently, objectively and impartially. If your complaint is straightforward and currently being managed by the Scheme, we will act as a conciliator between yourself and the Scheme and either recommend changes to fix the matter or act to expedite the process.

If after assessment your complaint about the Scheme or the Agency requires a formal and in depth enquiry, an officer will be assigned to conduct the investigation.

If we don't or can't investigate your complaint we will explain why and advise you of any other avenues that may be available to you to resolve your complaint.

We will respond to every complaint lodged and resolve all complaints as soon as practicable.

We will also provide you with the name of a contact person in our office and keep you informed of the progress of our inquiries at regular intervals. You are free to contact us at any time to check on the progress of your complaint.

You will be treated with courtesy and respect and our staff will be helpful and professional in their dealings with you.

We will tell you the reasons for any decisions we make.

How You Can Help Us

Call us first if you have any questions.
Let us know if you have any special needs, for example if you require an interpreter or TTY services.
Provide any documents we request in a timely manner.
Tell us as soon as possible if you have made a mistake, or you think we have made a mistake.

Service Standards

Our service standards are:

All telephone calls will be returned promptly.
An acknowledgment letter will be sent within 3 days of receiving a complaint.
The complaint will be assessed by the Director within 1 working day.
If it is an urgent complaint, an investigation will be initiated within 1 working day.
Straightforward complaints will be finalised within 14 days.
Complex complaints will be finalised within 60 days.
We will uphold Australian Public Service Code of Conduct

Complaining to the Commissioner

You can make a complaint to the Commissioner in a variety of ways and you should choose the way most convenient to you. For example, you may contact the Office, by letter or fax, by telephone, or by using the online complaints form on our website.

The legislation requires that, in the first instance, you raise your complaint with the Scheme or Agency as appropriate. The legislation also stipulates that you provide us with a written complaint. In order to fulfil our service to the public we will provide the necessary assistance to ensure that you are able to make an effective complaint.

If You Disagree with Our Decisions

Our Charter is about the way we interact with you and not about the outcomes of decisions. However, if you are not satisfied with a decision that affects you, you may have the right to seek a review of that decision.

If you ask for an internal review of a decision we have made about your complaint, and your application is accepted, another officer who has had no prior involvement with your complaint will look at the matter. You also have the right to the following external reviews in relation to the Commissioner's decision:

Under the Administrative Decisions (Judicial Review) Act 1977 you can ask us for a statement of reasons for a decision we have made about your complaint;
You can contact the Commonwealth Ombudsman and seek to have a review under the Ombudsman Act 1976; and
You can ask the Administrative Appeals Tribunal (AAT) to review a Freedom of Information decision by our office, about your request for documents in our possession.

Complaints and Feedback

We want to improve our services and your views and feedback are very important to us. You can telephone, fax or write to us at the addresses below, or contact us through our website at www.agedcarecommissioner.net.au to tell us what you think about our service and our Charter.

You can make a complaint about our service at any time. A service delivery complaint can be about any aspect of our service or office procedures.

If you are not satisfied with the way we have handled your original concerns, it would be helpful if you first raise the matter with the staff member who has been dealing with your complaint. If you are still not satisfied, you can contact the Director of the Office who will have the matter carefully considered. The feedback you provide will not disadvantage you in the consideration of your complaint or any other dealings you have with the Office.

We will monitor our performance against the Charter standards. Information about the complaints we receive concerning our service and decisions, and how they were dealt with, will be published in our Annual Report.

Contact details

Our Office operates between 9.00am to 5.00pm weekdays, excluding public holidays.

You can call our office on 1800 500 294 (free call). Our fax number is (03) 9663 7369 or you can write to.

The Aged Care Commissioner
Locked Bag 3
Collins Street East VIC 8003