While the commencement of the Aged Care Act 2024 (Cth) (Act) has been delayed until 1 November 2025, a key question from providers has been about the introduction of new protections and obligations under the feedback, complaints and whistleblower regime.

Whistleblower protection framework

The Act introduces extensive changes to the current regime, including protections for whistleblowers and statutory obligations of registered providers, responsible persons and operators of aged care digital platforms. The key changes are:

• Whistleblower policy: It is a condition of registration that registered providers implement and maintain a whistleblower system and maintain a whistleblower policy. The Aged Care Rules 2025 (Cth) (Rules) prescribe the matters to be included in a policy although the Rules are under consultation and subject to change.
• Obligation on providers: The Rules expand the obligations on registered providers in relation to their whistleblower systems who must now, for example, not victimise or discriminate against anyone for making a complaint or giving feedback; require and promote compliance; provide training to all aged care workers and responsible persons and communicate, at least monthly, to aged care workers and responsible persons that whistleblower disclosures are welcome and encouraged.
• Disclosure to any person: Disclosures subject to the whistleblower protections have also been expanded and may now be made to, for example, a responsible person of the registered provider and an aged care worker (which includes volunteers and subcontractors). As such, registered providers will need to have robust systems and training in place to enable aged care workers to identify and respond appropriately to whistleblower complaints made under the Act.

There are also separate whistleblower protections under the Corporations Act 2001 (Cth) (Corporations Act) to which many providers will be subject. In some circumstances, a disclosure may fall within either or both the Corporations Act and the new Act. A provider's policy therefore must ensure compliance under both schemes (including where they deviate).

Complaints and feedback management framework

The new Act also introduces a complaints and feedback management framework, including:

• Complaints and feedback management system: It is a condition of registration that registered providers implement and maintain a complaints and feedback management system in accordance with the Rules, manage complaints and feedback, and not victimise or discriminate against anyone for making a complaint or giving feedback. The Rules provide extensive requirements for a complaints and feedback management system.
• Obligation on providers: Registered providers have several obligations in relation to their complaints and feedback management system, including, for example, preparing and keeping up to documentation regarding the complaints and feedback management system and the roles and responsibilities of workers and responsible persons and providing appropriate training to aged care worker and responsible persons. Further, under the Aged Care Quality Standards, providers must encourage and support individuals and aged care workers to make complaints and give feedback about the provider's delivery of funded aged care services without consequence, and acknowledge and manage all complaints transparently.
• Record keeping: The Rules provide that providers must keep and retain various types of prescribed documentation for a period of 7 years.
• Statement of Rights: Under the Statement of Rights, an individual has the right to make complaints through an accessible mechanism about the delivery of funded aged care services, without fear of reprisal.
• Complaints Commissioner: The new Act establishes the Complaints Commissioner, an official of the Aged Care Quality and Safety Commission. Among others, the new Act provides the Complaints Commissioner the power to issue registered providers with a required action notice in relation to any matter raised in a complaint received by the Commission. The Stage 4B Rules outline the function and powers of the Complaints Commissioner.

The primary challenge for providers will be in relation to training and record keeping. All responsible persons will require training on their obligations in relation to feedback and complaints, and record keeping requirements. We recommend a detailed feedback and complaints policy is implemented by every provider and supplied to all responsible persons at the earliest opportunity.

Importantly, providers must also consider where a complaint or feedback may trigger the whistleblower protection framework.

For support navigating the new Act, please contact us.