Whistleblower protections for participants and supporters

The new Aged Care Act (2024) introduced a range of strengthened rights and protections for older people using government-funded aged care services. One key protection relates to the way people can expect to be treated if they speak up when they witness or experience wrongdoing by a provider.

This process is a way of reporting actual or 'reasonably suspicious wrongdoing' in relation to us as a Registered Provider, noting that the whistleblower option is not meant for matters that can usually be handled as part of a complaints process.

This is known as 'Whistleblower' protection, and it ensures that everyone can speak up about concerns without fear of what might happen to them if they do. A whistleblower is anyone who reports concerns or wrongdoing related to their receiving government-funded aged care supports. Especially if those concerns relate to breaches of aged care laws, unsafe practices, or mistreatment.

Whistleblower protections also extend to anyone who raises concerns on behalf of a participant, such as friends, family members, or advocates. In the home care context, this could mean raising issues about receiving poor care, neglect, unsafe working conditions for staff, or breaches of a participant's rights.

By speaking up, whistleblowers help keep themselves, workers, other participants, and our aged care sector safe and accountable.

What can be reported?

You can report any issue that affects the safety, well-being, or rights of participants. Common examples include:

• Neglect, abuse, or mistreatment of participants
• Breach of a participant's privacy or dignity
• Unsafe working conditions for staff, or allowing unsafe living conditions for participants
• Fraud or misuse of funds
• Failure to follow aged care regulations
• Bullying, harassment, or discrimination in the workplace

Participants or supporters who 'blow the whistle' are protected if they make a disclosure. This means:

• You have a Right to Report: You can report concerns about people or organisations not following aged care laws without fear of reprisal.
• Protection from Retaliation: You cannot be victimised or treated unfairly for making a disclosure. This includes protection from harassment, threats, intimidation, and psychological harm.
• Protection of your Identity: Your identity or any information that could identify you will be protected wherever possible.
• Anonymous Reporting: You can make your report anonymously; however, remaining anonymous may limit a more thorough investigation from being performed if you cannot be contacted for further information and follow-up.

How and where to report:

Making a disclosure is straightforward. You can make a report in person, by phone, or in writing to:

• The Aged Care Quality and Safety Commission: 1800 951 822
• Department of Health, Disability and Ageing: 1800 020 103
• A registered aged care provider or a responsible person of a registered provider
• Another aged care worker of a registered provider
• A police officer, or
• An independent aged care advocate: 1800 700 600

A strong 'speak up' culture in aged care means everyone feels safe to raise concerns, knowing they will be listened to and protected, so don't be afraid to raise a concern if you have one.

Read more on the Aged Care Quality and Safety Commission website: https://www.agedcarequality.gov.au/older-people/whistleblower-protections-older-people