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Whistleblowers in aged care: how to sound the alarm

What are whistleblowers and what will change with the new Aged Care Act?

When you are unhappy with your aged care home or home care provider, knowing who to contact is important when advocating for yourself or your loved one. [Source: iStock]

When you are unhappy with your aged care home or home care provider, knowing who to contact is important when advocating for yourself or your loved one. [Source: iStock]


Key points:

Disclaimer: This guide includes sensitive topics such as abuse and neglect in aged care

With the new Aged Care Act set to commence on July 1, 2025, filing complaints related to poor-quality aged care services and homes in Australia is set to change. 

Approximately 456,000 people in Australia were using some form of aged care, including residential, in-home support, transition care or short-term restorative care in 2023 according to recent data from GEN Aged Care.

The Aged Care Guide team has created this guide to help you understand what whistleblowers are in the aged care sector, who can complain, where to complain, what concerns warrant complaints and how you can be protected after making a complaint. 

Who are whistleblowers?

A whistleblower is a person who reports problems or issues in the community or the actions of an individual. 

In the Australian aged care industry, a whistleblower may report an aged care worker, a provider or someone else who is responsible for the care of older people in Australia. 

Older Australians receiving aged care, people close to them, family members and aged care workers can report issues.



Who should I complain to?

To ensure your complaint will be taken seriously, you must report your complaint to people such as:

The complaint can be made in person, over the phone or by email. You can remain anonymous when you make a complaint, i.e. you do not have to give your name, except in necessary cases to ensure your safety.

What warrants a complaint?

According to the Department of Health and Aged Care, a ‘report can be made about someone who has not followed the aged care law, or more broadly, about an organisation that hasn’t followed the aged care law.’

You can make a complaint about any aspect of your aged care that does not meet the strengthened Aged Care Standards, such as general care, food and nutrition, safety, comfort, activities or other issues that are the responsibility of the aged care provider.

In 2024, the most common complaint in aged care homes in Australia was related to medication administration and management.

Poor communication and consultation were the most frequently raised concerns in Australian in-home care in 2024.

The Aged Care Safety and Quality Commission has also created the Serious Incident Report Scheme for aged care workers and providers to report issues or the mistreatment of an older person when they occur or if they are suspected to have occurred, including:

  • unreasonable use of force;
  • unlawful sexual contact or inappropriate sexual conduct;
  • psychological or emotional abuse;
  • unexpected death;
  • neglect;
  • inappropriate use of restrictive practices;
  • unexplained absence; and
  • stealing or financial coercion.

How will I be protected after making a complaint?

Under the new Aged Care Act, protections for whistleblowers in the aged care sector will be improved. You can report an issue or file a complaint without fear of being punished or treated unfairly. 

As you may remain anonymous when making a complaint, the person or aged care provider will not know who reported them. However, in some cases, you may need to share your name if the reported person has threatened your safety. 

What happens after I make a complaint?

After receiving your complaint, the Aged Care Safety and Quality Commission will listen to your concerns, discuss the outcome you want and how they can help.

While the Aged Care Safety and Quality Commission will try and help you resolve the issue between you and your provider, other options may need to be considered.

If a person is found guilty of their unlawful behaviour or offence, they may be given a civil penalty of up to 1,000 penalty units — this could mean an individual is fined up to $275,000 dollars or a provider fined up to $1,375,000 dollars.

Additionally, if a person is alleged to have committed an unlawful behaviour or offence, they may receive a maximum infringement notice amount of up to 1000 penalty units — an individual may be fined up to $3,756 dollars or a provider fined up to $18,780 dollars.

If you have made a complaint to the Aged Care Safety and Quality Commission but weren’t happy with the outcome, you can also request a review of the decision. 

What should I do now?

If you or a loved one has been mistreated in aged care but you are concerned about reaching out to the authorities, contact an independent aged care advocate. 

Representatives of advocacy organisations can provide support to older people and their families and guide them through the reporting process if required. 

In 2024, the number of calls to aged care advocacy services increased by 20 percent compared to 2023 as per a recent Older Persons Advocacy Network report.

Visit the Older Persons Advocacy Network website to learn more about how you can access free, independent and confidential support or call 1800 700 600

If you find yourself in an aged care facility where your needs are not being met, learn more about the role of advocacy in aged care.

 

Have you been a whistleblower of an aged care service or home? What was your experience like?

Let the team at the Aged Care Guide know on social media. 

For more information and news in the aged care industry, subscribe to our free newsletter. 

Relevant content:

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