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.
When someone suspects a provider, worker or responsible person has breached (broken) the new Aged Care Act 2024 (new Act) we call that information a disclosure.
When you share a disclosure, it helps to:
- uphold (protect) the rights of older people receiving care
- make sure older people receiving care are healthy, safe and well
- support providers to be transparent (open and honest) and accountable.
Whistleblower law means you can safely report breaches of the new Act without being afraid that you’ll be punished or lose your job.
Under the whistleblower protections, you:
- can be anonymous
- are protected by confidentiality rules
- are protected from liability (for example losing your job because you made a disclosure)
- are supported to report issues and concerns (there are many ways to make a report, and providers must have systems to support whistleblower disclosures).
What whistleblower protections do
Workers may be afraid of personal and financial risks by sharing information and disclosures with us. The new Act gives workers rights and protections when they make disclosures that qualify (meet the requirements) for whistleblower protection.
The rights under the new Act for disclosures include:
- not being subject to retaliation or punishment
- not being subject to consequences such as civil, criminal or administrative actions (legal actions) that may come up
- choosing to be anonymous
- confidentiality
- being able to take legal action through the courts for compensation if you experience retaliation, punishment or consequences because you made a disclosure.
If something should happen as a result of you making a disclosure, such as being punished for speaking up, we recommend getting independent legal advice or contacting your union to understand how whistleblower protections may apply to you.
The disclosures that qualify for whistleblower protections
To qualify for whistleblower protections, you must:
- make your disclosure to an ‘eligible recipient’ (see below)
- share your disclosure in person, over the phone or in writing
- 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 who makes a qualifying disclosure can choose to be anonymous or have their information remain confidential.
‘Eligible people’ you can disclose to include:
- someone from the Commission
- someone from the Department of Health, Disability and Ageing
- a registered provider
- a responsible person of a registered provider
- an aged care worker of a registered provider
- a police officer
- an independent aged care advocate.
To make a disclosure you don’t need to:
- be connected to a person receiving aged care services
- be connected to a registered provider
- have firsthand knowledge about suspected wrongdoing of a registered provider, responsible person or worker.
Our responsibilities to people who make disclosures
We’re always careful in how we receive, manage and use information shared with us. We use extra privacy protections when the information might qualify for whistleblower protections. Under the new Act, we must:
- protect your identity and the identity of any other person you name when sharing your concern if you ask us to
- do not share information that could identify you outside of the Commission, unless you say we can or we’re allowed to under the new Act
- receive your concerns anonymously if that’s what you want
There are some situations where we have to share confidential information, even when it qualifies for whistleblower protections. For example, to stop someone being seriously harmed or to report something to the police.
You can find more information in our Managing Whistleblower Disclosures Policy.
If you have information to share
Please contact us if you think you have information to share and:
- want to understand your rights and protections
- want to understand what a breach of the new Act is
- want to know more about our feedback and complaints process.
We train our staff to recognise and respond to disclosures under the new Act.
If you’re still not sure, we encourage you to get independent legal advice or to contact your union to help you make a decision, and to see how the protections may apply to your situation.
More information
- Read our Managing Whistleblower Disclosures Policy
- Contact our Customer Contact Team
