An important way we learn about issues and wrongdoing in aged care is when people share information with us.
If people don’t share their concerns, wrongdoing may not be reported and may go unnoticed.
Whistleblower protections are a key part of the new Aged Care Act 2024 (new Act) and help to make sure we identify and address issues. This creates a safer and more transparent (open and honest) aged care system.
What whistleblower protections do
We call information about a suspected breach of the new Act a disclosure.
Some disclosures qualify (meet the requirements) for whistleblower protections. The rights and protections under the new Act for someone making a disclosure that qualifies include:
- protection from retaliation (revenge) or punishment
- protection from consequences such as civil, criminal or administrative actions (legal actions) that may come up
- the right to be anonymous
- the right to confidentiality
- being able to take legal action through the courts for compensation.
These protections apply to anyone who we suspect or know has:
- made a disclosure
- considered making a disclosure.
People should not be punished or treated unfairly for speaking up. If they are, the person experiencing the retaliation or punishment now has the option to take their case to court to have their rights enforced.
We will also take regulatory action if we find out that someone has broken their obligations to protect and support whistleblowers.
The disclosures that qualify for whistleblower protections
To qualify for whistleblower protections, a person must:
- make their disclosure to an ‘eligible recipient’. Eligible people include:
- Commission staff
- Department of Health, Disability and Ageing staff
- registered providers
- a responsible person of a registered provider
- an aged care worker of a registered provider
- a police officer
- an independent aged care advocate
- share their disclosure in person, over the phone or in writing. They can be anonymous but don’t have to be
- the person making the disclosure must also have reasonable grounds to suspect that a provider, worker or responsible person hasn’t followed aged care law.
Anyone making a disclosure can have whistleblower protections, if they meet the above requirements.
A person making a disclosure doesn’t need to:
- be connected to a person receiving aged care
- be connected to a registered provider
- have firsthand knowledge about suspected wrongdoing of a registered provider, responsible person or worker.
Provider obligations
Providers have obligations under the new Act to protect and support people who make disclosures. These include:
- having a whistleblower policy that explains how they’ll handle whistleblower disclosures and complaints
- training workers how to handle whistleblower disclosures as well as understand whistleblower protections and internal procedures for handling complaints
- protecting whistleblowers from retaliation including victimisation and discrimination (harassing or treating someone differently)
- protecting the confidentiality of whistleblowers
- developing internal reporting systems for whistleblower disclosures
- regularly telling people (including older people, supporters and workers) that they’re welcome to make disclosures.
More information
- Read our Managing Whistleblower Disclosures Policy
- Read the Aged Care Act 2024
- Read the Aged Care Rules 2025
