Aged Care Act 2024
358Complaints functions
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358 Complaints functions
The complaints functions of the Complaints Commissioner are the following:
(a) to uphold the rights under the Statement of Rights, and protect and enhance the safety, health, wellbeing and quality of life, of individuals accessing funded aged care services, by maintaining independent, transparent, accountable, accessible, safe and culturally safe processes for:
(i) making complaints about the compliance with this Act of a registered provider or a responsible person or aged care worker of a registered provider; and
(ii) making complaints about a registered provider acting in a way that is incompatible with the Statement of Rights; and
(iii) giving the Complaints Commissioner other feedback about a registered provider or a responsible person or aged care worker of a registered provider;
(b) to deal with complaints and feedback received by the Complaints Commissioner;
(c) to acknowledge and engage with independent aged care advocates who provide support or advocacy to an individual in relation to making a complaint or giving feedback;
(d) to collect, correlate, analyse and disseminate information relating to complaints and feedback to identify trends or systemic issues;
(e) for complaints and feedback that is better dealt with by other persons or bodies—to refer the complaints and feedback to those persons or bodies;
(f) to promote a culture for registered providers, and responsible persons and aged care workers of registered providers, of raising concerns, open disclosure (including of complaints and feedback) and best practice in handling complaints and feedback, including by developing educational material and promoting the use of advocates;
(g) to promote a culture of continuous improvement for registered providers, including considering complaints and feedback and responding to complaints and feedback where appropriate;
(h) to build the capability of individuals to pursue complaints and give feedback;
(i) to build the capability of registered providers to develop a culture of learning and innovation to deliver quality funded aged care services and respond to complaints and feedback;
(j) to support registered providers to develop and implement effective complaints and feedback management systems;
(k) to seek and consider clinical advice, professional advice and advice in relation to complaints and feedback from other organisations;
(l) to provide analysis of complaints and feedback to the System Governor;
(m) to give the Minister written reports, in accordance with any requirements as prescribed by the rules, in relation to complaints and feedback received by the Complaints Commissioner.