Aged care services fall under federal jurisdiction. The Commonwealth Government has announced the establishment of a new Aged Care Quality and Safety Commissioner that will bring aged care regulation, compliance and complaints handling together. These reforms will include: developing options, in consultation with the aged care sector, for a Serious Incident Response Scheme to ensure the right systems are in place to identify an incident and prevent it from occurring again a performance rating against quality standards a user-friendly provider comparison tool on the My Aged Care website. Current system: Under the current system, the Australian Aged Care Quality Agency has responsibility for ensuring high quality care for people receiving Australian Government-subsidised aged care. Its functions include the accreditation of residential aged care services, conducting quality reviews of service providers, monitoring compliance with standards and promoting high quality care. The Aged Care Complaints Commission is a national organisation that has oversight over all complaints regarding aged care services. The Complaints Commission’s functions are to provide information, education and complaint resolution services across Australia. The Australian Government Department of Health Ageing and Aged Care oversees aged care funding and regulation. The Department has an internal feedback receipt mechanism. The Commonwealth Ombudsman provides oversight of the actions and decisions of Australian Government agencies including the Aged Care Complaints Commissioner. The National Aged Care Advocacy Program ‘provides free, independent and confidential advocacy support to older people (and their representatives) receiving, or seeking to receive, Australian Government funded aged care services’. Advocacy services are delivered through a network of nine state and territory organisations that make up the Older Persons Advocacy Network. In the aged care sector, advocates have a right of access to aged care facilities. Some states and territories also operate elder abuse helplines. Justice Correctional oversight systems vary across the different states and territories. State and territory government departments responsible for administering corrective services often have an internal complaints handling process. Prisoners can usually report complaints to prison officers or the superintendent. In some jurisdictions, prisoners can complain directly to the Attorney-General’s Department. Some jurisdictions’ corrections oversight landscape includes the role of a Custodial Inspector. Often, the functions of the Custodial Inspector are to conduct independent scrutiny, inspect, review and report on custodial centres.
Mainstream Services Government services provided to the general community. These services include health, mental health, education, justice, child protection and aged care. National Disability Insurance Agency (NDIA) The NDIA is the Commonwealth Government agency that administers the NDIS. National Disability Insurance Scheme (NDIS) A social insurance of disability service provision funding whereby eligible people with disability receive funding on an individual basis to access disability supports. The NDIS is administered by the NDIA. NDIS Quality and Safeguarding Framework (Safeguarding Framework) The NDIS Quality and Safeguarding Framework outlines a national system of quality and safeguarding that will apply to all NDIS to promote safety and reduce the risk of harm for participants of the NDIS. NDIS Quality and Safeguards Commission (NDIS Commission) The NDIS Commission is an independent Commonwealth body that is responsible for implementing the Safeguarding Framework and overseeing the delivery of services the NDIS. National Disability Insurance Scheme Act 2013 (Cth) (NDIS Act) The legislation establishing the NDIS. National Disability Insurance Scheme Amendment (Quality and Safeguards Commission and Other Measures) Act (2017) (Cth) (NDIS Commission Act) The legislation establishing the NDIS Quality and Safeguards Commission. The NDIS Quality and Safeguards Commission Rules, Explanatory Statements and NDIS (Quality Indicators) Guidelines (NDIS Commission Rules and Guidelines) Legislative instruments made under the National Disability Insurance Scheme Amendment (Quality and Safeguards Commission and Other Measures) Act 2017 (Cth). National Disability Insurance Scheme (Code of Conduct) Rules 2018 [F2018L00629] National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 [F2018L00631] National Disability Insurance Scheme (Quality Indicators) Guidelines 2018 (Notifiable Instrument) [F2018N00041] National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 [F2018L00632] National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rules 2018 [F2018L00627] National Disability Insurance Scheme Amendment (Specialist Disability Accommodation – Participating Jurisdictions) Rule 2018 [F2018L00626]
Cth Australian Human Rights Commission People can raise complaints relating to allegations of discrimination under the Disability Discrimination Act 1992 (Cth). The organisation will retain jurisdiction during transition to the NDIS. None. Cth National Disability Abuse and Neglect Hotline DSS administers a national hotline service designed to enable the reporting of abuse and neglect of people with disability in Commonwealth, state and territory funded disability services. This service facilitates appropriate referrals. Unknown. Unknown. Cth Complaints Resolution and Referral Service (CRRS) DSS administers this complaints resolution and referral service for people with disability who use Disability Employment Services (DES), Australian Disability Enterprises (ADE) and/or Disability Advocacy Services. Unknown. DES will not fall within the jurisdiction of the NDIS Commission. ADE will fall within jurisdiction of the NDIS Commission. NSW The Department of Family & Community Services (FACS) People with disability can raise a complaint for internal review that relates to social housing, child protection, assisted boarding houses and privacy. The organisation will retain jurisdiction during transition to the NDIS. To the extent that disability services transition to the NDIS, complaint jurisdiction will move to the NDIS Commission. NSW NSW Ombudsman People with disability can a complaint concerning NSW State government departments. The Ombudsman also investigates incidents of or neglect of people in accommodation, monitor service providers and has a death review function. The organisation will retain jurisdiction during transition to the NDIS. To the extent that disability services transition to the NDIS, the Ombudsman will not have oversight of disability services. NSW Board (ADB) People with disability can utilise the complaint handling, The organisation will retain jurisdiction None.
investigation and conciliation functions of the ADB if they have a complaint regarding discrimination. during transition to the NDIS. VIC Department of Health and Services (DHHS) People with disability can raise a complaint for internal review that relates to any service provided, contracted or funded by the department. The organisation will retain jurisdiction during transition to the NDIS. To the extent that disability services transition to the NDIS, complaint jurisdiction will move to the NDIS Commission. VIC Victorian Ombudsman People with disability can raise a complaint concerning administrative actions taken in Victorian Government departments, public statutory authorities and by officers of municipal councils. The organisation will retain jurisdiction during transition to the NDIS. To the extent that disability services transition to the NDIS, the Ombudsman will not have oversight of disability services. VIC Disability Services Commissioner (DSC) People with disability can raise a complaint concerning Victorian disability service providers. The complaint handling process involves assessments, conciliation and investigations. The organisation will retain jurisdiction during transition to the NDIS. Will not have oversight of disability services except for those provided by the Victorian Government as a provider of last resort VIC Victorian Equal Opportunity and Human Rights Commission People with disability can a complaint concerning discrimination, sexual harassment, victimisation and racial or religious vilification. The organisation will retain jurisdiction during transition to the NDIS. None. QLD Department of Communities, Disability Services and Seniors People with disability can raise a complaint for internal review that relates to the department’s products, service or staff. The organisation will retain jurisdiction during transition to the NDIS. To the extent that disability services transition to the NDIS, complaint jurisdiction will move to the NDIS Commission. QLD Office of the Queensland Ombudsman People with disability can raise a complaint about the actions and decisions of state government The organisation will retain jurisdiction during transition to the NDIS. To the extent that disability services transition to the NDIS, the Ombudsman will
departments and agencies, local councils and public universities. not have oversight of disability services. QLD Office of the Public Guardian (OPG) People with disability can report abuse, violence and neglect to the OPG. The OPG also has a complaint handling and investigative function. The organisation will retain jurisdiction during transition to the NDIS. Unknown. QLD Commission Queensland People with disability can raise complaints under the Queensland Anti-Discrimination Act 1991. The organisation will retain jurisdiction during transition to the NDIS. None. WA Department of Communities – Disability Services People with disability can raise a complaint for internal review that relates to a service provided by the department. The organisation will retain jurisdiction during transition to the NDIS. To the extent that disability services transition to the NDIS, complaint jurisdiction will move to the NDIS Commission. WA Ombudsman People with disability can raise complaints about actions and decisions of public agencies to an external oversight body. The organisation will retain jurisdiction during transition to the NDIS. To the extent that disability services transition to the NDIS, the Ombudsman will not have oversight of disability services. WA Health and Disability Services Complaints Office (HaDSCO) People with disability can raise complaints in relation to health, disability and mental health services in Western Australia and the Indian Ocean Territories. The organisation will retain jurisdiction during transition to the NDIS. To the extent that disability services transition to the NDIS, HaDSCO will not have oversight of disability services. WA Equal Opportunity Commission People with disability can raise a complaint if they allege unlawful discrimination under the Equal Opportunity Act (WA). The organisation will retain jurisdiction during transition to the NDIS. None. SA Department of Human Services – Disability SA (DHS) People with disability can raise a complaint for internal review that relates to a service provided by Disability SA. The organisation will retain jurisdiction during transition to the NDIS. To the extent that disability services transition to the NDIS, complaint jurisdiction will move to the NDIS Commission.
SA Ombudsman People with disability can raise a complaint about action and decisions of public agencies with an external oversight body. The organisation will retain jurisdiction during transition to the NDIS. To the extent that disability services transition to the NDIS, the Ombudsman will not have oversight of disability services. SA Health and Community Services Complaints Commission (HCSCC) People with disability can a complaint relating to health or community service provision in South Australia. The organisation will retain jurisdiction during transition to the NDIS. To the extent that disability services transition to the NDIS, will not have oversight of disability services. SA Equal Opportunity Commission People with disability can access the Commission’s complaint handling & resolution function relating to discrimination/ harassment. The organisation will retain jurisdiction during transition to the NDIS. None. TAS Department of Health and Human Services (DHHS) People with disability can raise a complaint for internal review that relates to disability and community services. The organisation will retain jurisdiction during transition to the NDIS. To the extent that disability services transition to the NDIS, complaint jurisdiction will move to the NDIS Commission. TAS Ombudsman Tasmania People with disability can raise complaints about actions and decisions of public agencies for investigation by an external oversight agency. The organisation will retain jurisdiction during transition to the NDIS. To the extent that disability services transition to the NDIS, the Ombudsman will not have oversight of disability services. TAS Health Complaints Commission (HCC) (sits within the Office of the Ombudsman) People with disability can raise complaints about action and decisions of public and private Community Service Organisations. The organisation will retain jurisdiction during transition to the NDIS. To the extent that disability services transition to the NDIS, HCC will not have oversight of disability services. TAS Equal Opportunity Tasmania – The Office of the People with disability can complaints under the Act 1998 (Tas). The organisation will retain jurisdiction during transition to the NDIS. None.
QLD Department of Communities, Disability Services and Seniors The department administers a critical incident reporting policy. Workers in disability, schools or health services are expected to be familiar with the policies. The organisation will retain jurisdiction during transition to the NDIS. To the extent that disability services transition to the NDIS, disability critical incident reporting jurisdiction will move to the NDIS Commission. WA Department of Communities – Disability Services The department administers a critical incident reporting policy that defines a serious incident and provides instructions on reporting. These guidelines must be adhered to by funded services. The organisation will retain jurisdiction during transition to the NDIS. To the extent that disability services transition to the NDIS, disability critical incident reporting jurisdiction will move to the NDIS Commission. SA Department of Services (DHS) – Disability SA DHS administers critical incident reporting policy. The policy applies to DHS and the sector. The organisation will retain jurisdiction during transition to the NDIS. To the extent that disability services transition to the NDIS, disability critical incident reporting jurisdiction will move to the NDIS Commission. TAS Health and Human Services (DHHS) DHHS administer a serious incident reporting policy. Organisations funded by DHHS must adhere to this policy. The organisation will retain jurisdiction during transition to the NDIS. To the extent that disability services transition to the NDIS, disability critical incident reporting jurisdiction will move to the NDIS Commission. ACT Community Services Directorate – Funded specialist disability service providers must notify the director-general if there is a risk to the life, health or safety of a The organisation will retain jurisdiction during transition to the NDIS. To the extent that disability services transition to the NDIS, disability
person they are providing a specialist disability service. critical incident reporting jurisdiction will move to the NDIS Commission. ACT The Office of the Human Services Registrar (HSR) The HSR receives and investigates reports of critical incidents. The organisation will retain jurisdiction during transition to the NDIS. To the extent that disability services transition to the NDIS, disability critical incident reporting jurisdiction will move to the NDIS Commission. Table 3 – Community visitors Juris Mechanism Functions/ Powers Transition Impact with roll-out of NDIS NSW Official Community Visitors (Coordinated by the NSW Ombudsman) The Ombudsman coordinates the NSW Official Community Visitor program. Officials visit most government and accommodation services for children, young people and people with a disability throughout NSW. There is also a visiting function in licensed boarding houses. The organisation will retain jurisdiction during transition to the NDIS. Unknown, impact on disability specific jurisdiction will depend on the outcome of the review of community visitors programs in the disability sector. VIC Community Visitors (within Office of the Public Advocate) Community Visitors visit Victorian disability accommodation services, supported residential services and mental health facilities. The organisation will retain jurisdiction during transition to the NDIS. Unknown, impact on disability specific jurisdiction will depend on the outcome of the review of community visitors programs in the disability sector.
QLD Office of the Public Guardian (OPG) Community Visitor Program The OPG operates two community visitor programs. One for children and young people and one for adults. The children and young people community visitor program attends: out-of-home care, such as a foster home, the home of a kinship carer, a residential care facility, a youth detention or adult correctional centre, disability service or mental health facility. The adult program visits and monitors: Disability accommodation provided or funded by the Department of Communities, authorised mental health services and private hostels. The organisation will retain jurisdiction during transition to the NDIS. Unknown, impact on disability specific jurisdiction will depend on the outcome of the review of community visitors programs in the disability sector. SA Community Visitor Scheme (Independent statutory scheme) Community visitors and inspect mental health facilities, emergency departments, disability accommodation, supported residential facilities and day options programs. Promotes complaint resolution and refers issues to relevant body. The organisation will retain jurisdiction during transition to the NDIS. Unknown, impact on disability specific jurisdiction will depend on the outcome of the review of community visitors programs in the disability sector. ACT Official Visitors (within Office of the Public Trustee/ Guardian) People with disability who are eligible to receive Official Visitor monitoring and visitation services can also access complaints handling service. Visitors can attend a range of institutions including places of care, mental health facilities, The organisation will retain jurisdiction during transition to the NDIS. Unknown, impact on disability specific jurisdiction will depend on the outcome of the review of community visitors programs in