Complaints Commissioner

The Complaints Commissioner is a new appointment under the Act, which responds to recommendations of the Royal Commission. The aim of this role is to improve how complaints are managed and make the process more transparent.

[Chapter 5 – Part 3 – Division 3]

While the Complaints Commissioner sits within the Commission, they do not report directly to the Aged Care Quality and Safety Commissioner in terms of how they perform their complaints functions. The Complaints Commissioner has no other regulatory role in the aged care system to ensure they can work independently on managing complaints and feedback. Being positioned within the Commission allows for efficient use of resources and information sharing. It also supports transparent and accountable complaints-handling by the Commission.

The Minister for Aged Care and Seniors can give the Complaints Commissioner general written directions related to their functions. The Complaints Commissioner must follow these directions.  

Stronger complaints processes

The Complaints Commissioner has to provide guidelines about the complaints and feedback process. The focus of the complaints process in the Act is to make sure that outcomes are meaningful to the older person and anyone else involved in making the complaint. 

The Complaints Commissioner sets the guidelines based on the Act and the Rules. The complaints and feedback process must:

• focus on improving outcomes
  • be person-centred, simple to access and easy to use
  • support timely resolutions
  • promote restorative practices, such as mediation, if appropriate.
• be effective
  • supported by clear guidance
  • transparent
  • subject to robust quality assurance and review.

Responsibilities of the Complaints Commissioner

The Complaints Commissioner must:

• uphold the Statement of Rights and maintain independent, transparent, accountable, accessible, safe and culturally safe processes for complaints or other feedback about providers, responsible persons or aged care workers
• deal with complaints and feedback in line with the Rules
• engage with independent aged care advocates who support someone making a complaint or providing feedback
• collect, analyse and share information about complaints and feedback, such as provider reports, to be able to find trends and system-wide issues
• promote a culture of raising concerns, open disclosure, and best practice for handling complaints and continuous improvement
• build people’s capability to make complaints or give feedback, whether they’re an aged care worker, or an older person or their supporter, family or friend
• build provider capability to set up effective systems for managing complaints and to support a culture of innovation in aged care
• seek advice from other organisations about complaints and feedback
• analyse complaints and feedback and provide reports to the System Governor and the minister.

If another organisation is better suited to deal with a complaint or feedback, the Complaints Commissioner can refer it to that organisation. For example, a complaint about a doctor could be passed on to the Australian Health Practitioner Regulation Agency.