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Office of Aged Care Quality and Compliance (OACQC)

Compulsory Reporting

From 1 July 2007, all Australian Government-subsidised residential aged care services must report all incidents or allegations of sexual or serious physical assault.

You may download this document in PDF format:

PDF printable version of the Compulsory Reporting Guidelines For Aged Care Providers (PDF 118 KB)

If you are unable to download the PDF file please send an email to: acc@health.gov.au for a copy to be sent to you.

From 1 July 2007, all Australian Government-subsidised residential aged care services must report all incidents or allegations of sexual or serious physical assault. Reports must be made to the police and the Office of Aged Care Quality and Compliance (the Office) within the Australian Government Department of Health and Ageing on 1800 550 552 (freecall).

In relation to compulsory reporting, approved providers must:

• report a 'reportable assault'. A 'reportable assault' means unlawful sexual contact or unreasonable use of force that is inflicted on a person receiving residential aged care;
• keep consolidated records of all incidents involving allegations or suspicions of reportable assaults;
• alert staff to the compulsory reporting requirements;
• require staff members to report reportable assaults to specified people in the service;
• ensure that these staff members are protected from victimisation; and
• protect the informant's identity.

It is important to note that these requirements:

• are in addition to any responsibilities that an approved provider may already have with regard to reporting other matters under state or territory law; and
• do not prevent an approved provider, or anyone else, from reporting any potentially criminal matter to the police or possible breaches of the Aged Care Act 1997 to the Department.

Medical practitioners and other allied health professionals are not required to report under the compulsory reporting arrangements, however the Department encourages all individuals, including volunteers and visitors, to report any suspected abuse.

The compulsory reporting legislation provides a discretion not to report assaults where the alleged perpetrator is a resident with a clinically diagnosed cognitive or mental impairment. In such cases the approved provider, in consultation with medical practitioners, should ensure appropriate clinical and behavioural management strategies are in place. The Department and the Aged Care Standards and Accreditation Agency will monitor these cases.

Providers are not required to report repeated allegations about the same or similar events, as long as the first allegation has been reported and investigated.

Protection for those required to report

Approved providers and staff who report under the compulsory reporting requirements will be protected from workplace discrimination and defamation action under the Aged Care Act 1997.

Approved providers are required to have policies and procedures in place to ensure that the identity of staff who make disclosures are protected, and that staff are not unfairly treated as a result of making a report (in accordance with the compulsory reporting requirements).

What kinds of records must be kept regarding allegations or suspicions of reportable assaults?

An approved provider must keep consolidated records of all incidents involving allegations or suspicions of reportable assaults.
The record for each incident must include:

• the date when the approved provider received the allegation, or started to suspect that a reportable assault had occurred;
• a brief description of the allegation or the circumstances that gave rise to the suspicion; and
• information about whether the allegation or suspicion has/has not been reported to the police and the Department of Health and Ageing.

Approved providers should also consider keeping comparable records of incidents where the discretion not to report applies.

Where can I get more information about compulsory reporting?

The Compulsory Reporting Guidelines for Approved Providers of Residential Aged Care are available for download from the Department's website at www.health.gov.au/oacqc.

Freecall 1800 550 552

Aged Care Complaints Investigation Scheme
Department of Health and Ageing
PO Box 9848
In your capital city