Your review rights
This fact sheet outlines options to seek review of the Aged Care Complaints Scheme’s decisions or process.
PDF printable version of Your review rights (PDF 829 KB)
The Aged Care Complaints Scheme provides a free service for people to raise concerns about the quality of care or services delivered to people receiving Australian Government subsidised residential or community aged care services.
In examining complaints, we aim to work with both parties – the complainant and the approved provider – to achieve a positive outcome for the care recipient. We base our decisions on available and relevant information, so it is important to provide all relevant information as early as possible in the process.
The ability to seek a review helps us to address any concerns you may have about our work. Feedback also helps us to improve the administration of the Scheme.
Aged care providers who receive funding from the Australian Government are called ‘approved providers’. A ‘complainant’ is the person who lodges a complaint with the Aged Care Complaints Scheme. These terms are used throughout this fact sheet.
Who can ask for a review?Approved providers and complainants can ask for a review of our decision, or provide feedback on or seek examination of our complaint process. Review rights are not available to people who complain anonymously, and we can tell you more about this when you contact us.
How can you request a review?If you are not satisfied at any stage of the complaint, please raise this directly with us so we can improve our processes to achieve good outcomes.
If, after we have completed the complaints resolution process, you are not satisfied with our decision, you can ask us to reconsider this decision. You must do this within 28 days of receiving our letter outlining the decision. In your request, you must state the reasons why you are asking us to reconsider the decision.
We will consider your request and may decide to undertake a new resolution process or confirm the original decision. We will tell you our decision within 28 days of receiving your application.
You can provide feedback to us any time about our service, decisions or process.
If we undertake a new resolution process, we will notify both parties to the complaint and work with both parties throughout the new resolution process.
To find out more, call us on 1800 550 552* and ask to speak to the complaints manager in your state or territory.
The Aged Care CommissionerComplainants and approved providers can seek an independent review of our decisions and complaints processes through the Aged Care Commissioner. The Commissioner can make recommendations to us based on these examinations.
Review of decisionsIf you are not satisfied with our decision, you can ask the Commissioner to review it. Your request must be made within 28 days of receiving our decision letter and you must state the reasons why you are seeking a review.
The Commissioner will notify you within 14 days whether your request will be examined. If the Commissioner decides to examine our decision, the Commissioner has 60 days from the date the decision is made to conduct the review and recommend to us whether or not to undertake a new resolution process.
Review of complaints processYou can also ask the Commissioner to look at our complaints process (within 12 months of when your concerns about our process arose). However, such a review cannot re-open or change the outcome of your complaint.
To find out more, contact the Commissioner:
Call 1800 500 294*
Go to the website
agedcarecommissioner.net.au for an online complaint form
Aged Care Commissioner
3 Collins Street East
What is the extent of my review rights?If you have asked us to reconsider our decision and you are not satisfied with the outcome, you can seek review by the Commissioner. You must do it within 28 days of being advised of our decision. You cannot ask us to conduct another review.
If we conduct a second resolution process following a review by the Commissioner, there are no further rights to seek review by either the Commissioner or us. The only exception to this is if we issue the approved provider with Directions, and Directions were not part of the original complaint outcome. In such situations, only the approved provider may seek another review by the Commissioner.
Aged Care Complaints Scheme
Phone 1800 550 552*
Aged Care Complaints Scheme
Department of Health and Ageing
GPO Box 9848
In your capital city
All information in this publication is correct as of September 2011
*1800 calls are free from fixed lines; however calls from mobiles may be charged.
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