Document ID: chunk:federal_register_of_legislation:C2024A00104:section:361:p1
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 361 (pt 1/2)
Character Range: 580910–583786

361  Dealing with complaints
 (1) The rules may make provision in relation to dealing with complaints or feedback received by the Complaints Commissioner about an entity's compliance with this Act.
 (1A) Without limiting subsection (1), the rules must provide that if a complaint is made to the Complaints Commissioner about:
 (a) the compliance of a registered provider or a responsible person or aged care worker of a registered provider with this Act; or
 (b) a registered provider acting in a way that is incompatible with the Statement of Rights;
the Complaints Commissioner must, by the end of the period specified in the rules:
 (c) deal with and resolve the complaint; and
 (d) prepare a written statement (a complaint determination) setting out:
 (i) what action (if any) the Complaints Commissioner took to deal with and resolve the complaint; and
 (ii) what action (if any) should be taken by another person to deal with and resolve the complaint; and
 (iii) information relating to the review or reconsideration of decisions made under the scheme; and
 (e) give the person who made the complaint a copy of the complaint determination.
 (2) Without limiting subsection (1), the rules may make provision in relation to the following:
 (a) how complaints may be made to the Complaints Commissioner about:
 (i) the compliance of a registered provider or a responsible person or aged care worker of a registered provider with this Act; and
 (ii) a registered provider acting in a way that is incompatible with the Statement of Rights;
 (b) how complaints may be dealt with and resolved;
 (c) the roles, rights and responsibilities of complainants, registered providers, aged care workers of registered providers and any other relevant persons;
 (d) the processes for resolving complaints, including early resolution and restorative practices;
 (e) the actions that may be taken to address complaints, which may include requiring a registered provider or aged care worker of a registered provider to do something;
 (f) the review or reconsideration of decisions made under the scheme, including providing for procedural fairness;
 (g) how a complaint that is also a disclosure that qualifies for protection under section 547 (whistleblower protections) may be dealt with.
 (3) The Complaints Commissioner must, by notifiable instrument, make guidelines relating to the rules made for the purposes of subsection (1).
 (4) In making the guidelines for the purposes of subsection (3), the Complaints Commissioner must have regard to the following principles:
 (a) outcomes for individuals are improved when the processes for dealing with complaints made, or feedback provided, to the Complaints Commissioner:
 (i) are person‑centred, simple to access and easy to use; and
 (ii) are able to resolve complaints in a timely way; and
 (iii) promote use of restorative practices