Whistleblowers play an important role in identifying and calling out misconduct.
The new Act will do more to protect whistleblowers than ever before. Anyone can make a whistleblower disclosure, including older people, their families and carers, workers and advocates.
The new and expanded whistleblower framework protects:
- you from punishment, unfair treatment, threats and victimisation
- your identity – except in limited circumstances or with your consent
- older people, their families and carers.
You can report someone who you reasonably believe hasn’t followed aged care laws. You will be protected from punishment or unfair treatment.
Aged care whistleblower disclosures
A disclosure is when someone reports – discloses – an issue because they reasonably suspect that an organisation or person hasn’t been or isn’t following the new Act. Whistleblowers are protected from punishment under the new Act.
Disclosure or complaint
A disclosure may also be a complaint or feedback. It is a choice for you (or another person raising an issue on your behalf) to decide whether you wish to make a complaint, provide feedback, or make a disclosure.
The main difference is the protections for whistleblowers provided under the new Act.
Protections for whistleblowers
When someone makes a qualifying disclosure, they get certain whistleblowing protections. This is so you can provide feedback or make complaints without fear of punishment or professional disadvantage. These protections help create an environment where people can feel more comfortable raising concerns.
The discloser’s identity is kept confidential. Fines apply for not keeping the discloser’s identity confidential, except in certain situations – for example, where it is necessary to share information to prevent serious threat to a person or people or with your consent.
Make a disclosure
All providers are required to have a culture that encourages you to make complaints and provide feedback. The Aged Care Quality and Safety Commission, including an independent Complaints Commissioner, will support all providers to have a process in place to manage complaints and feedback quickly and effectively.
If you don’t feel comfortable raising an issue with a provider directly, or if you’re unsatisfied with the way they’ve handled it, you can make a disclosure directly to the Complaints Commissioner or:
- a staff member of the Aged Care Quality and Safety Commission
- the Department of Health, Disability and Ageing
- an aged care provider or worker
- a responsible person of an aged care provider – such as a CEO or Board Member
- a police officer
- an independent aged care advocate.
The Older Persons Advocacy Network (OPAN) offers a free, independent and confidential service to help you to make a complaint.
If you need support to make a complaint or find information, call OPAN on 1800 700 600.
You can make a disclosure to the Department of Health, Disability and Ageing by:
- writing to GPO Box 9848, Canberra ACT 2601, Australia
- emailing agedcarewb@health.gov.au.
You can make the disclosure verbally or in writing.
What to include
In general, to assist us in handling your disclosure, you should include:
- your name and contact details, unless you want to be anonymous
- details of the alleged wrongdoing (who, what, when, where, how)
- why you think your concern is about a breach of aged care laws
- if you’re concerned about possible punishment or unfair treatment
- any supporting documentation you want to provide.
What happens after disclosure
We will consider the information you provided in the disclosure. If you have given us your contact details, we may contact you to:
- discuss the information
- seek any further information we may need
- advise of any steps we may take to handle it.
You can remain anonymous, but our ability to handle the disclosure may be limited if we are unable to contact you to obtain more information. We also won’t be able to notify you of the outcomes of your disclosure.
Reporting other concerns
Complaints about services provided by the department, actions taken by our staff or activities where we have had direct involvement can be made to the department.
There are different ways to make a complaint, depending on what your concern is. Visit My Aged Care or more information.
How we protect your privacy
When you report suspected wrongdoing, your personal information is protected by law, including the Privacy Act 1988.
Read the Privacy notice for reporting an aged care whistleblower disclosure.
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