Div 1Making of a complaint

Division 1 Making of a complaint

10.38 The complaint

(1) This section applies to a care recipient (the affected care recipient) who is receiving, or is eligible to receive, or who was receiving, or was eligible to receive, aged care through an aged care service provided by an approved provider (the relevant approved provider).

(2) The affected care recipient or his or her representative, or anyone else, (the complainant) may make a complaint to the Secretary about anything that:

(a) may be a breach of the relevant approved provider’s responsibilities under the Act or the Aged Care Principles; and

(b) the complainant thinks is unfair or makes the affected care recipient dissatisfied with the service.

Examples

1. An affected care recipient could, for example, be represented by an advocate, carer, legal guardian or relative.

2. A complaint could, for example, be made by a body representing professional staff employed in providing aged care or a State or Territory authority.

Note A complaint may be made by 1 or more affected care recipients, 1 or more other people, or 1 or more persons representing 1 or more affected care recipients: see Acts Interpretation Act 1901, paragraph 23 (b).

(3) The complaint may be made orally or in writing.

(4) The Secretary must provide appropriate assistance to the complainant to ensure that the complaint is an effective complaint.

(5) The parties to the complaint are:

(a) the complainant and the relevant approved provider; and

(b) the following persons or bodies who are not the complainant:

(i) the affected care recipient;

(ii) a person acting in an advocacy role for the affected care recipient;

(iii) someone legally appointed to represent the affected care recipient;

(iv) a person in a significant relationship to the affected care recipient that the care recipient, or his or her legally appointed representative, has indicated to the Secretary and to the Complaints Resolution Committee should be a party to the complaint.

10.39 Request for confidentiality

(1) When making the complaint, the complainant may:

(a) make the complaint anonymously; or

(b) ask the Secretary to keep the identity of any party to the complaint confidential.

(2) The Secretary must ensure that a request under paragraph (1) (b) is complied with.

10.40 Approved provider to be told about complaint

(1) As soon as practicable after receiving the complaint, the Secretary must tell the relevant approved provider about the making and nature of the complaint.