Legal & Planning

Aged Care Complaints: Your Right to Speak Up

The Royal Commission into Aged Care Quality and Safety found systemic failures across the sector — substandard care, neglect, and abuse that went unreported for years. Families have the legal right to complain, and a clear process exists to protect their loved ones.

But most families don't know it exists. They worry about retaliation, feel intimidated by providers, or simply don't know who to call. This guide walks you through the entire complaints process — from documenting concerns to escalating through advocacy services and the Aged Care Quality and Safety Commission.

Charter of Aged Care Rights

Since 1 July 2019, the Charter of Aged Care Rights applies to all government-funded aged care services in Australia — residential care, home care packages, and Commonwealth Home Support Programme (CHSP). These 14 rights are legally enforceable.

The 14 Rights

1. Safe and high-quality care and services

2. Be treated with dignity and respect

3. Have your identity, culture, and diversity valued and supported

4. Live without abuse, neglect, or exploitation

5. Be informed about your care and services in a way you understand

6. Access all information about yourself, including information about your rights, care, and services

7. Have control over and make choices about your care, personal and social life

8. Have control over your finances

9. Personal privacy and have your personal information protected

10. Exercise your rights without it adversely affecting the way you are treated

11. Be listened to and understood

12. Have a person of your choice — including an aged care advocate — support you or speak on your behalf

13. Complain free from reprisal, and to have your complaints dealt with fairly and promptly

14. Have access to advocates and other avenues of support

Key Point: Right 13 — Complain Free from Reprisal

It is illegal for any provider to punish, reduce services, or treat your parent differently because a complaint was made. If you suspect retaliation, this itself is a reportable offence.

When to Complain: Common Issues and Who to Contact

Issue	Severity	Who to Contact
Medication errors (wrong dose, missed medication)	Complaint	Provider first → Commission
Rough handling during personal care	Mandatory Report	Commission immediately (1800 951 822)
Poor hygiene (unchanged sheets, unwashed)	Complaint	Provider first → Commission if unresolved
Unexplained injuries (bruises, cuts, fractures)	Mandatory Report	Commission + Police if suspected assault
Chronic understaffing (long wait times, missed care)	Complaint	Provider → Commission → Ombudsman
Neglect (dehydration, malnutrition, pressure sores)	Mandatory Report	Commission immediately (1800 951 822)
Financial exploitation (overcharging, unexplained fees)	Complaint	Provider → Commission → Police if theft suspected
Emotional or psychological abuse (yelling, isolation, threats)	Mandatory Report	Commission immediately + advocacy service

Step-by-Step Complaints Process

Document Everything

Start a written log of every incident. Include dates, times, who was involved, and what happened. Take photos of injuries, conditions, or written correspondence. Keep copies of care plans, invoices, and medications lists.

Tip: Use your phone's voice memo to record notes immediately after visits while details are fresh.

Raise With the Provider First

Most providers have a formal feedback or complaints process. Ask for the complaints manager or write a formal letter. The provider has 5 business days to acknowledge your complaint and must work to resolve it. Keep a copy of everything you send.

Exception: If the issue involves immediate safety, sexual abuse, or unexplained serious injury — skip to Step 3.

Contact the Aged Care Quality and Safety Commission

If the provider doesn't resolve your concern — or if it's a serious safety issue — contact the Commission directly.

Phone: 1800 951 822 (free call)

Online: agedcarequality.gov.au/making-complaint

Available weekdays 9am-5pm AEST. Interpreter services available.

Contact Your State Advocacy Service

A free, independent advocate can support you through the complaints process. They can attend meetings with you, help write complaints, and ensure your parent's rights are upheld. You do NOT need to go through this alone.

National referral: OPAN (Older Persons Advocacy Network) — 1800 700 600

Escalate to the Ombudsman if Unresolved

If the Commission hasn't resolved your complaint to your satisfaction, you can escalate to the Commonwealth Ombudsman. They investigate whether government agencies (including the Commission itself) have acted fairly.

Commonwealth Ombudsman: 1300 362 072 or ombudsman.gov.au

Advocacy Services by State

All services below are free, confidential, and independent of aged care providers. Call OPAN on 1800 700 600 to be connected to your local service.

State	Advocacy Service	Phone
VIC	Elder Rights Advocacy (ERA)	1800 700 600
NSW	Seniors Rights Service	1800 424 079
QLD	Aged and Disability Advocacy Australia (ADAustralia)	1800 818 338
SA	Aged Rights Advocacy Service (ARAS)	1800 700 600
WA	Advocare	1800 655 566
TAS	Advocacy Tasmania	1800 005 131
NT	Darwin Community Legal Service (Aged Care Advocacy)	1800 812 953
ACT	ADACAS (ACT Disability, Aged and Carer Advocacy Service)	02 6242 5060
National	Older Persons Advocacy Network (OPAN)	1800 700 600

Making a Formal Complaint: What You Need

Evidence to Gather

● Written log of incidents with dates and times
● Photos of injuries, living conditions, or concerning situations
● Copies of care plans and agreements
● Invoices or financial records showing discrepancies
● Witness statements from other family members or visitors
● Previous correspondence with the provider

What Happens After You Lodge

● Commission acknowledges receipt within 2 business days
● Complaint assessed and triaged by severity
● Serious complaints may trigger an unannounced site visit
● You'll be kept informed of progress throughout
● Provider given opportunity to respond and implement changes
● Commission can impose sanctions, conditions, or revoke approval

Your Rights During Investigation

You have the right to be heard, to receive updates, to bring a support person or advocate to any meetings, and to have your complaint handled confidentially. The provider cannot reduce or change your parent's care as a result of a complaint. If they do, report this immediately to the Commission.

Mandatory Reporting: What Providers Must Report

Under the Aged Care Act 1997 and the Serious Incident Response Scheme (SIRS), approved providers must report certain incidents to the Commission within 24 hours. If they fail to do so, that failure is itself a reportable and sanctionable offence.

Reportable Incidents Include:

• Unreasonable use of force or restraint

• Unlawful sexual contact or inappropriate sexual conduct

• Psychological or emotional abuse

• Stealing or financial coercion by staff

• Neglect (including failure to provide adequate nutrition, hydration, or personal care)

• Unexplained absence from care

• Unexpected death or serious injury

• Use of restrictive practices not in the care plan

If you believe a serious incident has occurred and the provider has NOT reported it, you can report directly to the Commission on 1800 951 822. You do not need the provider's permission or cooperation.

"I'm Worried but Not Sure"

You don't need to be certain that something is wrong before reaching out. The threshold for raising a concern is deliberately low — if something feels off, it probably is.

Concern vs. Complaint

A concern is anything that worries you — it might not be a formal complaint yet. You can raise concerns with OPAN (1800 700 600) to talk it through. They can help you decide if it warrants a formal complaint.

A complaint is a formal request for investigation or resolution. Both are valid and important.

You Can Complain Anonymously

The Commission accepts anonymous complaints. While providing your details allows them to follow up with you, it is not required. Staff members, family visitors, and even other residents can report anonymously.

Common Reasons Families Don't Complain

"They'll take it out on Mum." — Retaliation is illegal. Report it if it happens.

"Maybe I'm overreacting." — The Commission would rather receive a concern that turns out to be nothing than not hear about real issues.

"I don't want to cause trouble." — You're not causing trouble. You're protecting someone who may not be able to protect themselves.

The 8 Aged Care Quality Standards

All providers must meet these standards. Knowing them helps you identify exactly what's falling short when raising a complaint.

1. Consumer Dignity and Choice

Your parent is treated with dignity, can make their own choices, and has their identity respected.

2. Ongoing Assessment and Planning

Care is reviewed regularly and adjusted as needs change. Families should be involved in care planning.

3. Personal Care and Clinical Care

Safe, effective, and appropriate personal and clinical care tailored to each individual's needs.

4. Services and Supports for Daily Living

Assistance with daily tasks, meals, mobility, and social activities that maintain quality of life.

5. Organisation's Service Environment

The physical environment is safe, comfortable, and suited to the needs of those receiving care.

6. Feedback and Complaints

The provider actively seeks feedback and handles complaints fairly, promptly, and without reprisal.

7. Human Resources

Enough qualified, skilled, and competent staff to deliver safe, quality care at all times.

8. Organisational Governance

The organisation is well-run, accountable, and continuously improving its care and services.

How Daily Calls Support Advocacy and Accountability

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Detecting Changes in Wellbeing

Daily conversations pick up subtle shifts in mood, energy, and contentment that may indicate care quality issues — before they become visible injuries or crises.

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Objective Record of Concerns

Call summaries and mood tracking create a documented timeline. If your parent mentions being "handled roughly" or "not given medication," there's a record — not just hearsay.

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Bridge Between Care Visits

Families can't be there every day. Daily calls fill the gaps between visits, giving your parent a consistent touchpoint and giving you early warning of issues.

Give Them Connection. Give Yourself Peace of Mind.

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