Part 1Functions and powers of Committee and Commissioner

Part 1 Functions and powers of Committee and Commissioner

10.33 Purpose of Part

This Part provides for the functions and powers of Complaints Resolution Committees, and of the Commissioner for Complaints, and how the functions are to be performed.

10.34 Functions of committees

The functions of a Complaints Resolution Committee are to:

(a) review the resolution of aged care complaints by the Secretary under the complaints resolution scheme provided under this Chapter; and

(b) resolve complaints by making determinations under the complaints resolution scheme; and

(d) provide regular reports to the Commissioner for Complaints about issues arising out of complaints dealt with under the complaints resolution scheme; and

(e) annually review, and report to the Commissioner about, the operation of the complaints resolution scheme.

10.34A Functions of Commissioner for Complaints

(1) In addition to chairing committees, the Commissioner’s functions are:

(a) to supervise the chairpersons and other members of the Complaints Resolution Committees;

(b) to coordinate and review complaints received by the Secretary;

(c) to oversight the effectiveness of the Scheme;

(ca) to ensure that an effective quality assurance system is implemented for the complaints resolution scheme;

(d) to deal with complaints about the operation of the Scheme;

(e) to manage the determination process, including the review of determinations;

(f) to promote an understanding of and acceptance of the Scheme;

(g) to advise the Minister on matters relevant to the operation of the Scheme.

(2) The Commissioner’s functions also include the following:

(a) to give regular reports to the Secretary and the Minister about issues arising out of complaints dealt with under the Scheme;

(b) to annually review, and report to the Minister about, the operation of the Scheme.

10.35 Performance of functions of Committees

In performing its functions, the committee must:

(a) foster a positive view of complaints as opportunities to reconsider and enhance the delivery of aged care services and programs; and

(d) promote and respect the rights of complainants (and others interested in complaints), and any need for privacy or confidentiality; and

(g) ensure that the complaints resolution scheme includes appropriate measures to ensure and specifically remind parties that anyone making a complaint, or providing information about a complaint, should not be subject to victimisation or intimidation; and